LICENSING ACT 2003

Which type of premises need a licence?

The Licensing Act 2003 replaced the licensing system which concerned:

pubs and night clubs
off licences
restaurants that serve alcohol
businesses offering hot food between 11 pm and 5 am (including takeaways and mobile caterers)
hotels, guest houses and other places that sell alcohol
private members clubs and social clubs
theatres and amateur dramatic groups
cinemas
organisers of occasional entertainments (see below for more details about a TEN )
indoor sporting events

What are personal licences?

To obtain a personal licence you must:

be over 18
have no relevant criminal convictions and produce a current (less than 1 month old) basic disclosure from the CRB or Disclosure Scotland, please visit www.disclosurescotland.co.uk or telephone 0870 609 6006
possess an approved licensing qualification eg: BIIAB Level 2, EDI Level 2, GQAL Level 2, HABC Level 2 or NCFE Level 2
pay the required fee

A personal licence is needed to supervise the sale of alcohol in any premises including pubs, off-licences, restaurants and hotels. A personal licence holder may give consent to become a DPS for a licensed premises where the activity of supply of alcohol is authorised. The DPS has a legal responsibility for authorising the sale of alcohol and will generally be responsible for the day to day running of the establishment and the court can forfeit their licence if they are convicted of any relevant offences. It is worth ensuring that should the DPS not be present on the premises there is a clear management structure with which the staff are familiar.

What is a TEN ?

Licences are not needed for small events where less than 500 people are likely to attend, and which last for less than 96 hours, at a time.

Someone who holds a Personal Licence will be able to hold up to 50 temporary events a year at other premises that are not licensed. Non-Personal Licence holders will be able to hold up to 5 temporary events a year. A TEN application form must be given to the Council at least 14 days before an event of this sort, and the police may object to it on crime and disorder grounds.

What are premises licences/club premises certificates?

A premises licence is required for any premises which is used for one or more of the licensable activities:

sale of alcohol by retail (including via the internet or mail order);
wholesale of alcohol to members of the public;
supply of alcohol by or on behalf of a club to, or to the order of, a member of the club;
provision of regulated entertainment;
provision of late night refreshment.

Any person involved with a business which uses the premises for licensable activities may apply for a premises licence either on a permanent or time-limited basis. Certain other individuals and groups (including registered clubs, charities, NHS organisations etc) may also apply for a premises licence. A person will have to be identified as the DPS, such a nominee will have to be in possession of a current Personal Licence.

A club premises certificate permits licensable activities at the premises of a "qualifying club". A qualifying club applying for a Club Premises Certificate does not need a DPS as there is no supply of alcohol by retail taking place. Alcohol may be bought for the club by the members and the money being passed across the bar is to maintain equity between members. Please make sure that the club rule book makes clear the policy for guests. Clubs should carefully consider whether they should apply for a club premises certificate or a premises licence. As committee members and secretaries in clubs change, please ensure the Council is informed as it is an offence not to.

A club will be considered to be 'qualifying' provided that:

Under the club rules, persons may not be admitted to membership, or be admitted as candidates for membership, to any of the privileges of membership without an interval of at least two days between their nomination or application for membership or their admission;
Under the club rules, people becoming members without nomination or prior application may not be admitted to the privileges of membership without an interval of two days between them becoming members and their admission;
The club has a minimum of 25 members;
The club is established and conducted in good faith as a club.

Qualifying clubs should not be confused with proprietary clubs, which are clubs run commercially by individuals, partnerships or businesses for the purposes of profit. Proprietary clubs will require a premises licence and are not eligible to be qualifying clubs.

Will tacit consent apply?

Yes, it will apply and means that you will be able to act as though your application has been granted if you have not heard from the Local Authority by the end of the target completion period of a maximum number of days (detailed at the on-line application links) or not been informed of any extension period. However, if you have not heard from us within a reasonable period, please contact the Licensing Department.

New and full variation applications for premises licence and club premises certificate are 56 days.

What documents do I need to provide with my premises licence application?

The correct, completed application form,link to application forms>>

The correct fee, link to charges page>>

All currently held licences if the application is for a transfer, variation or change of DPS. A plan of 1:100 scale (unless otherwise arrange with HBC Licensing Officers) of the premises which should include the following details:

The location and extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises; The location of points of access to and egress from the premises; In a case where the premises is used for more than one existing licensable activity, the area within the premises used for each activity; In a case where an existing licensable activity relates to the sale of alcohol, the location or locations on the premises which is or are used for the consumption of alcohol; Fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment; In a case where the premises includes any steps, stairs elevators or lifts, the location of steps, stairs, elevators or lifts; In a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms; The location and type of any fire safety and any other safety equipment; The location of a kitchen, if any, on the premises.

What is an operating schedule?

An operating schedule is part of the application form for premises licences and club premises licences. This outlines what activities are proposed to be permitted, when the activities will take place and how the activities will be managed and the overall opening hours when either the public are permitted on the premises.

It is advisable to apply for the maximum amount of hours for any activity giving particular thought to community centres as these premises often have many different users. It may be prudent to apply for activities that currently do not take place as hirers may request those activities in the future.

One of the most critical parts of the operating schedule is the section describing the steps intended to promote the four licensing objectives (listed below) as what is written in this section may become a condition of the licence. Sections 11.4 – 11.9 of the Havant Borough Council’s Statement of Licensing Policy provides further guidance.

What are the four licensing objectives?

The Licensing Act 2003 requires each licensing authority to carry out it's duties with a view to promoting four licensing objectives. These are:

Prevention of crime and disorder
Ensuring public safety
Prevention of public nuisance
Protection of children from harm

These objectives, which are of equal importance, comprise the basis on which the licensing authority determines what is in the overall public interest when carrying out its functions.

How do I help with the prevention of crime and disorder?

Details of any off-premises and/or on-premises CCTV and suitable signs associated with the CCTV. If installing a new CCTV system, advice from the Police Crime Reduction Office (023 9289 1831) should be sought in case the material is needed for evidence.

Membership and regular attendance of meetings of a crime reduction groups such as Pubwatch or Shopwatch are encouraged as Pubwatch, Shopwatch and the Police share information between each other on a variety of incidents. Pubwatch bans do have repercussions on the social lives of the people affected, they may have to travel greater distances to licensed premises and cannot socialise with their friends in the same way. Up to date Pubwatch or Shopwatch signage can act as a deterrent.

In addition, both Pubwatches and Shopwatches in Havant operate two way radios so information about incidents actually happening can be quickly spread around all the premises involved into the scheme. The local police also have a radio on the scheme so can be summoned quickly or can arrange for town centre CCTV to record any particular activity. Pubwatch and Shopwatch membership would be considered best practise for many premises located in town centres where the supply of alcohol is an authorised activity.

Further details of Schemes in your area will be available from your local Police Community Beat Officer, along with other useful advice and information regarding crime and disorder reduction in your area. To contact your local Officer call 0845 045 45 45 and ask for the Community Beat Office at your local police station.

Where door superivsors are employed, they must be licensed with the SIA . To get more information about the SIA, please visit www.the-sia.org.uk or call their helpline 08448 921025.

The operating schedule may state when use of plastic or toughened glass will be applied as defined by a risk assessment. Plastic may be preferable for use in outside areas where broken glass is difficult to clear up or when there may be an increased level of rowdiness eg during televised national sporting events.

Where the entrance of the premises faces onto a street affected by a byelaw restricting the public consumption of alcohol, open containers may not be taken from the premises. Signs to reinforce that only drinks purchased on the premises may be consumed on the premises could be advisable.

Records kept of any crime or disorder incidents and where sales of alcohol have been refused will help police and local authority co-operation.

Adequate staffing ensure that at busy times staff can regularly check all areas of the licensed premises including toilets and other areas that are not easily visible from the bar and prevent possible breach of the licensing principles.

Good relations with local police officers is crucial to developing the prevention of crime and disorder occurring on your premises. If customers become accustomed to the police visiting frequently, problem behaviour is likely to be discouraged.

How do I ensure public safety?

A written risk assessment is a requirement under the Health and Safety at Work Act 1974, if you employ 5 or more people. It should include a record of the fire risk assessment as required under Fire Precautions (Workplace) regulations 1997.

Applicants should consider, as a basic requirement, areas such as electrical safety, building integrity, heating installations and the fire retardant properties of materials and fabrics as a matter of course and reassess these following any major refurbishments, repairs, and general maintenance.

Indication of capacity of premises – This can be based on a recent assessment completed by a fire officer. It is the responsibility of the applicant to determine the maximum capacity based on approved occupancy factors. Hampshire Fire and Rescue Service recommend 0.5 m² per person standing or dancing and 1m² per person seated. Ease of exit in case of emergency may

affect these numbers as does any fixed furniture and or fittings.

Under section 177 of the Licensing Act 2003 where:

A premises licence or club premises certificate authorises the supply of alcohol for consumption on the premises and the provisions of "music entertainment" (live music or dancing or facilities enabling people to take part in those activities),
The relevant premises are used primarily for the supply of alcohol for consumption on the premises, and
The premises have a permitted capacity limit of not more than 200 persons (including staff and performers) any conditions relating to the provision of music entertainment imposed on the premises licence or club premises certificate by Havant Borough Council, other than those set out by the licence or certificate being consistent with the operating schedule, will be suspended except where they were imposed as being necessary for public safety or the prevention of crime and disorder or both.

The nature of the business is an important factor, describe the style of premises; e.g. traditional public house, modern exclusive restaurant, cinema complex, etc, and describe the nature of clientele; young people who want to dance, all age groups, family friendly, people interested in sports. Where the premises is located; amongst residential housing including adjoining properties, amongst business premises that are not operational during the evenings, the nearest property is over 250 m away. Describe the geographical location; town centre, rural village or hamlet, suburban area.

Door staff – Door supervisors can offer many benefits such as helping to keep under-18s out of businesses where the retail of alcohol for the consumption on-site is the predominant licensable activity. Guidelines on the numbers of door staff should follow 1 door supervisor to 100 customers, however many door staff are unwilling to work alone on the door of a premises. Where any significant variation from these guidelines exists, or is applied for, reasons for the variation should be given.

How do I ensure public safety (fire)?

Hampshire Fire and Rescue Service have made the following recommendations to applicants:

The Responsible Person for the premises will need to carry out a specific fire risk assessment, to identify any significant findings, provide fire safety provisions, emergency plan and training. An assessment of the maximum numbers of persons (including staff) permitted on the premises at any one time is to be made. A simple floor plan showing the dimensions of the building and the fire safety provisions is to accompany the application.

These are requirements under existing fire legislation for many premises and this documentation should already exist as part of the risk assessment under the Health and Safety at Work Act 1974.

Please provide the following information with your operating schedule when submitting your application:

The date when the last fire safety risk assessment of the premises was carried out, along with any identified significant findings
A summary of any proposed changes or improvements to remedy the significant findings, with the date of their implementation
Details of the maximum occupancy numbers to be permitted in the premises (including staff), and the management arrangements to ensure they are not exceeded
A copy of the emergency plan
A single line scaled plan or architects drawing, showing the general layout of the premises, fire safety provisions, including escape routes from the premises to a place of ultimate safety with any significant features
Supporting evidence demonstrating adequate maintenance of the fire safety provisions and systems e.g. copies of current servicing certificates

Hampshire Fire and Rescue Service under the appropriate legislation will deal with offences relating to fire safety.

Please specify in the operating schedule any first aid arrangements if relevant.

Please specify any evacuation procedures or policies in case of loss of power if relevant.

How do I help with the prevention of public nuisance?

Businesses are expected to check the areas outside their premises at closing time after each day’s business. Do state any policy regarding this issue.

Closure of outside areas after a certain time is encouraged to be included in your operating schedule. It is advisable that no regulated entertainment is carried out in outside areas in the evenings without prior consultation with the licensing authority. Noise can also be contained by keeping windows and doors shut, by installing double-glazing where appropriate and keeping ventilation equipment in good order. Using performers of regulated entertainment to remind customers to respect the premises’ neighbours and leave quietly has proved successful.

How do I ensure the protection of children from harm?

The Department for Culture, Media and Sport’s website notes:

"The protection of children from harm is one of the four licensing objectives that underpin the Act. It remains a significant Government priority. The new licensing regime has been designed, in part, to close the loopholes and inadequacies of current law in relation to children, while allowing under 18s to experience the atmosphere of licensed premises in a family friendly, safe environment…The current system contains some inadequacies and may not afford protection to children from risk of harm. Many inadequacies are the result of legislation being a combination of antiquated laws – some dating back as far as 1382. These laws have now been brought up to date through the Act and streamlined. In addition, the inclusion of the objective of the protection of children from harm places the protection of children at the centre of the new regime."

Do make a statement regarding the child admission policy of the premises detailing any restrictions. Be sure that all staff members know that they should be on their guard for children at risk, and know that they have a responsibility to report any children that they feel may be at risk to the Hampshire Child Protection Unit, contact details are at the back of this leaflet.

In broad terms the guidance for young people in Licensed Premises is as follows:

Young people of age 16 and 17 can go into licensed premises at the licence holder’s discretion but cannot consume or buy alcohol except the table meal exemption at Section 150.
A child under 16 can go into licensed premises at the licence holder’s discretion. However, if the premises is licensed primarily or exclusively for the supply of alcohol for consumption on the premises (i.e. clubs. bars, pubs) then the child must be accompanied by an adult.
A child under 16 can go into licensed premises where the premises are licensed, but not primarily or exclusively for the supply of alcohol for consumption on the premises (i.e. restaurants etc), and s/he only needs to be accompanied by an adult if there is a supply of alcohol taking place and it is between 12 midnight – 5am.
Young people of age 16 and 17 cannot be supplied with alcohol unless they are accompanied by an adult at a table meal and an adult is purchasing either beer, wine, or cider for consumption with the table meal.

It should be noted that the prohibitions on children’s access to the premises only apply whilst the premises is open for the purpose of being used for the supply of alcohol for consumption there.

Signage can be very important in the protection of children from harm. It can be helpful to remind parents and guardians that it is illegal to be intoxicated and in charge of children under the age of 7 years of age, particularly where the sale of alcohol is for consumption on the premises. It is also important to have children supervised at all times in these types of premises. It is expected in your operating schedule if children are permitted on the premises to demarcate any areas where children are not allowed, these may be bar areas, in areas with amusements with prizes or a strong element of gambling, suitable refreshments should also be available at all times when children are permitted. Do make sure that children needing to use the toilets can get there without crossing areas within which they are not permitted.

Any other help for my application?

Signage – Good signage can operate at many levels. At the door, clear signs can clarify the premises policy regarding any age restriction policies such as "over 18s only", "over 21s only" or "no unaccompanied children". Whether signs repeat the law or express the policy of the premises it can act as a deterrent and as a tool for staff enforcing the law or the premises policy in a non-confrontational manner. However, it is certainly not the wish of Havant Borough Council to turn all licensed premises into notice boards. Signs should be used if there are specific problems, or where there is a need to demarcate certain areas for particular activities. Some examples of signs that could be used may include:

"CCTV operates in this area and lawlessness will be reported to the police"

"This premises operates a zero tolerance drugs policy"

"Proof of age for purchase of certain goods may be required"

"Supervised children are welcome in the restaurant area before 8pm"

"No drinks allowed in this area/beyond this point"

Staff training – Well-trained staff are a real asset to any business. Critical areas of staff training in licensed premises should include a good knowledge of what is and is not permitted on the premises. The chain of command of a licensed premises is very important and in it’s statement of licensing policy Havant Borough Council expects applicants, particularly of premises retailing alcohol which must have a designated premises supervisor, to have a well defined management structure especially when the designated premises is not physically on the premises, an example of best practise would be that the duty manager signs in for duty in a logbook so that it is clear for everybody who is in charge of the premises at any particular time. It would also be considered best practise for all duty managers to be personal licence holders so that the required knowledge level can be assured when the designated premises supervisor is not physically present. Other key areas that should be covered include:

What to do if they think that there is a customer behaviour problem or is likely to occur.
What to do and any special responsibilities in case of fire or any other need to evacuate the premises.
Where the supply of alcohol is concerned or where any age restriction is applicable training should be given and maintained as to what is acceptable proof of age identification and what is not, as the names of cards may change over time and new cards offered the PASS accreditation.
Where applicable, staff should know what would be expected of them if an incident occurred and potentially that if a court case ensued that they may have to give evidence.
What is the premises drug policy and what to do if drugs are found on the premises?
What to do if they feel threatened into making an illegal sale and how best to avoid such situations

Moreover, if staff members are well trained they may feel more confident to be more proactive in keeping trouble out of the premises. The best way to arrange this is to have a document which details what the staff training consists of and documentation to show that each member of staff is familiar with the material. This document may be referred to in the operating schedule. Where agency staff are used, be sure that they have received a thorough briefing of what their role is and where possible try and re-use the same staff so that they get to know the premises and clientele.

Drinks promotions should never encourage binge drinking. The implications on the community should be considered whenever an alcoholic drinks promotion occurs. A statement to clarify the drinks promotion policy of the premises is advisable where relevant.

Managed houses and tenanted houses are encouraged to supply contact details to the licensing authority of area managers so that notification of issues arising that could bring the reputation of the company into ill repute can dealt with effectively.

Special consideration should be made regarding the licensing objectives when special events such as football events or other local or national events and how these events will impact the local community and what can be done to minimise the negative impact.

What happens next?

For all applications for grant or full variation of a premises licence or club premises licence, the law requires a blue A4 sized notice in a prescribed format to be prominently displayed on or near the premises in such a place where passing members of the public can clearly see and read the notice. The notice should be visible from all potentially affected streets.

This notice must be displayed for not less than 28 days. The applicant must also advertise their application in a local newspaper circulating in the relevant part of Havant Borough. The newspaper notice must be circulated at least one occasion not more than 5 working days after the giving of the application to Havant Borough Council Licensing Office, both the newspaper notice and the notice for the application will contain the following information shown in the example (link to Public Notice >>(PDF 23KB) and (link to full variation Public Notice >> (PDF 41KB)

If there are no representations within the 28 days of an accepted application, the licence will be granted.

However, if representation from any interested parties or responsible authorities has been received, the licensing Officers will examine the representation and confirm its relevance. The Officers will then attempt to mediate between the respective parties to attempt to find a reasonable compromise. If this informal process is unsuccessful a hearing before the licensing committee will ensue. All interested parties will be notified and invited to attend the hearing. Following the hearing a decision will be made by the licensing committee and the details of that decision will be circulated to the parties concerned.

The applicant does have a right to appeal and this should be made to the magistrates appropriate to the location of the premises concerned. Professional advice should be sought where it is uncertain what the best course of action should be.

Minor Variations

These applications are slightly different from a full variation application and will generally fall into four categories: minor changes to the structure or layout of a premises; small adjustments to reduce (not increase) licensing hours; the removal of out of date, irrelevant or unenforceable conditions or addition of volunteered conditions; the addition of certain minor licensable activities. No copies of the application are required to be sent to the Responsible Authorities however the Licensing Authority may consult with them with regard to the application.

The law requires a white A4 sized notice in a prescribed format to be prominently displayed on or near the premises in such a place where passing members of the public can clearly see and read the notice. The notice should be visible from all potentially affected streets and displayed for not less than 10 working days (link to Minor Variation Public Notice>>(PDF115KB)

The Licensing Authority must wait until this period has elapsed before determining the application but must do so at the latest within 15 working days with the decision of either granted or refused.

How do I object to an application?

Local residents, ward Councillors, MPs, MEPs and business associations may make representations to the council about the grant of, or a change of, a licence. A Licensing Committee of Councillors will, as long as the representations are not irrelevant or vexatious, consider these.

When a licence is first applied for, copies will also have been sent to the 'repsonsible authorities' (see list below). Each of these authorities may make representations about the application and this may result in conditions being imposed or the application being refused.

Following a substantive complaint concerning failure to uphold one or more of the licensing objectives which is not frivolous, vexatious or repetitive, a council hearing will be held to review the licence. The council may decided not to do anything, or to impose extra conditions on the licence, or to suspend either all or part of the licence for up to three months.

If someone wishes to appeal against a council's licensing decicison, they have the right to do so to the magistrates court.

Pubwatch

The Havant District Pubwatch scheme is a local network for the area that has been set up to support licensed premises. It's aim is to help reduce alcohol-related crime. This will ultimately achieve a safer drinking environments, benefiting both licensee and customer. Please follow the link for the Havant District Pubwatch website.

Responsible Authorities (as defined in S.13 (4) of Licensing Act 2003)

Chief Inspector W Schofield

Hampshire Constabulary

Waterlooville Police

Swiss Road

Waterlooville

Hampshire

PO7 7FX

Hampshire Fire & Rescue Services

Service Delivery (Community Safety Delivery)

Protection Department

Southsea Fire Station

Somers Road

Southsea

Hampshire

PO5 4LU

Head of Commercial Team

Environmental Services

Havant Borough Council

Civic Offices

Civic Centre Road

Havant

Hampshire

PO9 2AX

Head of Planning & Development

Havant Borough Council

Civic Offices

Civic Centre Road

Havant

Hampshire

PO9 2AX

Head of Environment Team

Community Services

Havant Borough Council

Civic Offices

Civic Centre Road

Havant

Hampshire

PO9 2AX

The Safeguarding Unit

Clarendon House

Monarch Way

Winchester

Hampshire

SO22 5PW

The Trading Standards Service

Montgomery House

Monarch Way

Winchester

Hampshire

SO22 5PW

Downloadable application forms

Personal Licences

Personal Licence related applications

Premises Licences

Applications related to premises licences & Club Licences

On-Line Application links (opens new window)

On-Line Application link	Tacit consent applies after:

New premises licence	56 days
Full variation of premises licence	56 days
New club premises certificate	56 days
Full variation of club premises certificate	56 days
Minor variation of premises or club premises	15 days
Club declaration form	n/a -part of another application
Transfer of premises licence	14 days
Vary DPS on a premises licence	14 days
Transfer consent form	n/a -part of another application
DPS consent form	n/a -part of another application
Temporary event notice	14 days
Notification of interest under Section 178	14 days
Provisional statement	56 days
Disapply DPS requirement	56 days
Request to be removed as DPS	56 days
Interim authority notice	7 days

Havant Borough Council, Civic Centre Road, Havant, Hampshire PO9 2AX