Published on May 17th, 2012 | by Dean Carr
IMPORTANT CHANGES TO THE LICENSING ACT 2003
The Licensing Act 2003 has changed with effect from 25 April 2012. The following important changes will apply to applications made, or Temporary Event Notices given, on or after 25 April 2012:
The Licensing Authority will for the first time become a Responsible Authority and will therefore will be able to make representations on licence applications and call for licence reviews.
Primary Care Trusts will also be classed as one of the Responsible Authorities and so will be able to make representations to licence applications and call for licence reviews.
Residents representations will no longer be limited to residents living in the vicinity of a particular premises. In future any resident or business within a relevant council area will be able to make relevant representations on applications made to a local Council’s Licensing Authority or call for reviews of any premises licensed within a Council area.
Notice of every application for the grant or variation of a premises licence will be posted on the Council’s website.
When determining contested applications or licence reviews the Licensing Authority will ask itself what is “appropriate” rather than what is “necessary” as is currently the case.
The Licensing Authority MUST suspend licences due to non-payment of annual fees (unless there has been an administrative error).
The maximum fine for persistently selling alcohol to under-18s has doubled to £20,000 and the maximum length of the period of voluntary closure (as an alternative to a fine) has increased from 48 hours to 336 hours (14 days).
The Council’s Environmental Health Depart will be able to object to Temporary Event Notices (TENs) as well as the Police and the grounds of objection are widened to include all four licensing objectives. If there is an objection the Licensing Authority can attach conditions to the Temporary Event Notice.
The maximum duration of an individual TEN has been extended to one week
The maximum number of days in a calendar year during which a premises may operate under a TEN will be increased from 15 to 21 days.
It will be possible to give a limited number of “Late” TENs five clear working days in advance of an event.