Licensing law is littered with legal jargon. The licensing terms glossary below is designed to help you navigate your way around the maze created by the Licensing Act 2003.
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A formal appeal against a decision made by a licensing authority. Appeals must be made to the Magistrates Court. Strict time limits apply.
The British Institute of Innkeeping is the professional body for the licensed retail sector and a major provider of the personal licence qualification www.bii.org.uk.
Club Premises Certificate
authorises a private members' club to carry on licensable activities including the supply/sale of alcohol and regulated entertainment for members and guests.
can be issued by the police against licensed premises selling alcohol where there is a reasonable belief that there is, or is likely imminently, to be disorder on, or in, the vicinity of and, related to the premises. The closure has to necessary in the interest of public safety. The premises does not need to close immediately but the inference is, if it does not, a prosecution will follow for breach of licensing conditions. Closure orders also apply to a public nuisance being caused by noise and the closure of the premises being necessary to prevent the nuisance. The premises must close immediately.
Cumulative Impact Policy
Cumulative Impact Policies were introduced as a tool for licensing authorities to limit the growth of licensed premises in a problem area. The policy gives rise to a rebuttable presumption that a premises licence application will be refused.
Department for Culture Media and Sport (DCMS)
The government department responsible for licensing: www.culture.gov.uk.
Designated Premises Supervisor (DPS)
Any premises which sells alcohol must have a DPS. The DPS must hold a Personal Licence.
can make representations on a licensing application. Interested parties comprise of: a person living in the vicinity of the premises; a body representing persons living in that vicinity, e.g. a residents association; a person involved in a business in the vicinity of the premises; a body representing persons involved in such a business e.g. a trade association.
Late night refreshment
The supply of hot food or hot drink to the public, for consumption on or off the premises, between 11.00 pm and 5.00 am, or the supply of hot food or hot drink to any persons between those hours on or from premises to which the public has access.
Sale by retail of alcohol, supply of alcohol by a private members club to its members and guests, regulated entertainment, and late night refreshment.
Licensing Act 2003
came into effect on 24 November 2005. It was designed as a means to combat crime and disorder, encourage more freedom for licensees and consumers, and replace what was often referred to as an archaic, restrictive and overly bureaucratic licensing system. Despite ongoing concern about 'binge Britain' and the seeming contradiction between extending hours while remaining tough on crime, the then Labour Government hoped to encourage a more continental café style culture. It took the regulation of alcohol and entertainment licensing away from magistrates courts and into the control of local authorities.
The local authority dealing with licensing applications. For personal licence applications it is the local authority where the applicant resides. For premises licence applications it is the local authority where the premises is situated.
are to be borne in mind when producing an operating schedule: Prevention of crime and disorder; Prevention of public nuisance, public safety and the protection of children from harm. The 4 licensing objectives must be taken into account when licensing authority carries out its functions.
Is any variation to a premises licence that is so minor it would not have an adverse impact on the 4 licensing objectives. An application for a minor variation is dealt with faster and for a lower fixed fee than a normal variation application.
is a required document for all new applications for a premises licence, this includes premises that are making a simple transfer, club premises certificates and temporary event notices. It outlines what activities are proposed and which ones are permitted, when each activity will take place, how each activity will be managed, the opening hours and exactly when members of the public will be permitted on the premises.
is separate from the premises licence. The licensing of individuals separately from the licensing of premises permits the movement of personal licence holders from one premises to another. The personal licence relates only to the supply of alcohol under a premises licence. A DPS must hold a personal licence.
authorises the use of any premises, which includes a vehicle, vessel or moveable structure, for licensable activities which are: The sale by retail of alcohol, the supply of alcohol by or on behalf of a club to, the provision of regulated entertainment and the provision of late night refreshment.
A breach of any of the conditions listed on a premises licence or club premises certificate is an offence. Under Section 136 of Licensing Act 2003 breaching a licensing condition on summary conviction is a maximum fine of £20,000 and/or six months' imprisonment. Each breach of condition can be prosecuted.
the events listed below are considered to be 'entertainment' provided that they take place in the presence of an audience with the intention of entertaining them: a performance of a play; an exhibition of a film; indoor sporting events, boxing or wrestling entertainment; performance of live music, playing of recorded music; a performance of a dance or any combination of playing live or recorded music and dancing. Other activities are specifically described as exempt such as pub games played by customers or certain activities at garden fetes. Full lists of exempt activities can be found in Schedule 1 Part 2 of the Licensing Act 2003.
Retail sale of alcohol
The sale of alcohol to any person. Sale of alcohol to a trader who will be selling it on in their trade is excluded. Alcohol which is included in the ticket price, e.g. a paid ticket to gain entry with glass of wine included in the price, still comes under retail sale of alcohol. See [hyperlink to follow - re pub with free booze].
The police, fire authority, planning authority, environmental health, trading standards, health and safety at work authority, child protection and NHS Health Authority. In addition, for vessels only: Environment Agency, Statutory navigation authorities, and Maritime & Coastguard Agency.
Interested parties and responsible authorities are able to make representations in respect of licensing applications and the licensing authority must then normally hold a hearing provided: The representations were made by the required date; they have not been withdrawn; in the case of representations made by an interested party (who is not also a responsible authority) that they are not, in the opinion of the licensing authority, frivolous or vexatious. Only the police can object to the grant of a personal licence.
Interested parties and responsible authorities can ask the licensing authority to review a premises licence or club premises certificate. A request for a review must address at least one of the 4 licensing objectives to be considered relevant.
The Securities Industry Authority manages the licensing of the private security industry and is responsible for regulation and registration of door supervisors (i.e. "bouncers"). www.the-sia.org.uk.
Special policy area
is imposed upon an area by the licensing authority if it perceives that the number of licensed premises in that area are at saturation point (for example creating problems of public nuisance and crime and disorder) and applications by licensed premises are usually rejected unless they can show that the new venue or the longer hours requested will not add to existing problems. Examples of special policy areas in London are Seven Dials in Covent Garden, the Shoreditch triangle and Soho. Outside of London, parts of Brighton, Bristol, Blackpool and Southampton and other city centres are all special policy areas.
Temporary event notice
(TEN) is given by an individual who must be aged 18 or over authorizing them to conduct one or more licensable activities at premises for no more than 168 hours. TENs can be used to authorise relatively small-scale ad hoc events held in or on any premises involving less than 500 people at any one time, subject to certain restrictions. For licensed premises TENS can be used to authorise longer hours or other licensable activities on a temporary basis.
An application to change, extend add or remove a licensable activity or licensing condition, permanently. Variations could include the opening times of the premises, changes to the physical shape of the licensed premises, longer hours or additional licensable activities.