Licensing Act 2003

The Licensing Act 2003 introduces a number of changes to the law which came into effect in 2005. This page links to all other website pages about licensing.

The new legislation covers:

  • Sales of alcohol at off-licences, pubs, clubs and restaurants and other venues
  • Private members’ clubs
  • The sale of hot food and drink (including from take-aways) between 11pm and 5am
  • ‘Regulated entertainment’ including amplified and unamplified music, live bands, discos, nightclubs, karaoke, cinema, theatre, dance performances, indoor sporting events (such as snooker or swimming competitions) and boxing/wrestling.

The Council will be responsible for issuing licences for all of these activities, taking over responsibility from the licensing justices at the magistrates’ court for all alcohol licensing.

All licensing decisions will have to have regard to:

  • Four licensing objectives:
  1. the prevention of crime and disorder
  2. public safety
  3. the prevention of nuisance
  4. prevention of harm to children
  • Statutory guidance issued by the Secretary of State
  • The Council’s statement of licensing policy

New forms of licences that have been introduced under the legislation:

  • A ten-year personal licence to sell alcohol. New applicants will be able to apply for licences providing they are over 18; possess a relevant licensing qualification; are free from specific criminal convictions and have not had a licence revoked within the previous five years
  • Premises licences will be required to provide any of the above activities in a specific place. The ‘premises’ can be a fixed building, a temporary structure such as a tent or an outside space. Premises licences may be either granted on an open-ended basis (subject to an annual licence fee), or may be granted for a shorter period for occasional events. It may be possible to have more than one premises licence for a place. Where alcohol is also to be sold, a named premises supervisor must also be designated
  • Club premises certificates will be granted to qualifying clubs to allow them to conduct the activities listed above
  • Temporary event notices will be available for short-term occasional events or temporary variations to premises licences/club premises certificates providing the activity in question does not last for more than 96 hours, no more than 500 people are present at any one time, and that no more than 15 days’ activities are conducted at any one premises per year.

Residents and businesses within the vicinity of licenced premises have the ability to comment on some licence applications under the new law, as will a range of statutory organisations. All have the ability to request that a licence is reviewed at any time, which may lead to the Council taking action against the licencee.

More detailed information on the changes can be found at the Department of Culture, Media and Sport website www.culture.gov.uk or at the Institute of Licensing website www.instituteoflicensing.org.

For more information

ehl@watford.gov.uk

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