Personal Licence Licensing laws

Published on July 8th, 2011 | by Dean Carr

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Home Office Personal Licence Guidlines

Alcohol, Entertainment and Late Night Refreshment Licensing

The Licensing Act 2003 requires anyone selling or supplying alcohol, providing regulated entertainment or late night refreshment to hold a premises licence or club premises certificate. In addition, anyone authorising alcohol sales must hold a personal licence. Application forms, guidance notes and other information are available here.
Details of service:

Background

The Licensing Act 2003 provides a new regime for the licensing of the sale or supply of alcohol, regulated entertainment and late night refreshment with effect from 24th November 2005.

The Government’s Home office and Department for Culture, Media and Sport (DCMS), which have responsibility for this legislation, have some information on their web sites; all the legislation is published by the Office of Public Sector Information – please see the links on the right.

Implementation

When the Act became fully operational on 24th November 2005 (the second appointed day), all licences and certificates issued under the following legislation ceased to have effect, whatever date of expiry is shown:

Licensing Act 1964

Private Places of Entertainment (Licensing) Act 1967
Theatres Act 1968
Late Night Refreshment Houses Act 1969
Local Government (Miscellaneous Provisions) Act 1982, Schedule 1
Cinemas Act 1985

A full list of the legislation repealed and amended by the Licensing Act 2003 is contained in schedule 7 to the Act.

Important information about the additional Mandatory Conditions imposed on premises licences and club premises certificates by the Government with effect from 6th April and 1st October 2010 are contained in the Premises Licences and Club Premises Certificates pages.

Fees
Fees for applications for premises licences and club premises certificates, again set by the DCMS, are calculated on the Non-Domestic Rateable Value of the premises. You can obtain the NDRV for your premises from your business rates bill or from the Valuation Office Agency via their web site or by telephoning the VOA on 023 8053 8500.

Revisions of some or all of these fees are anticipated; details will appear here when they are known.

Penalties

The sale or supply of alcohol, provision of regulated entertainment or late night refreshment must be authorised by a premises licence, club premises certificate or temporary event notice. The penalty for not doing so is severe – a maximum £20,000 fine and/or up to six months imprisonment. In addition, anyone authorising alcohol sales must hold a personal licence (or have given a TEN).

Other Licences

Please note that holding a premises licence or a club premises certificate will not dispense with the need for the premises to have permission from the owner of any copyright work to perform or reproduce recorded sound or video.

Related External Links

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About the Author

Dean Carr

Dean has been involved in alcohol licensing for over 20 years and has helped many independent retailers and corporate clients obtain a licence to sell alcohol or offer late night refreshment, regulated entertainment from all sorts of premises. Dean writes articles for various trade related blogs and is currently Managing Director of the PLT group of companies who run APLH and SCPLH personal alcohol licence courses nationwide. You can contact Dean or a member of his expert licensing team on: 01242 222 188



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