You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. The sale by retail of alcohol and the supply of alcohol by or on behalf of a club are both licensable activities. Advanced Search (including Welsh legislation in Welsh language), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. Each premises licence has an operating plan attached to the licence setting out exactly how alcohol will be sold on the premises and what other activities will be provided. 145.Unaccompanied children prohibited from certain premises, 147.Allowing the sale of alcohol to children, 147A.Persistently selling alcohol to children, 147B.Order suspending a licence in respect of offence under section 147A, 148.Sale of liqueur confectionery to children under 16, 149.Purchase of alcohol by or on behalf of children, 153.Prohibition of unsupervised sales by children, 154.Enforcement role for weights and measures authorities, 155.Confiscation of sealed containers of alcohol, 156.Prohibition on sale of alcohol on moving vehicles, 157.Power to prohibit sale of alcohol on trains. 63.Determining whether a club is established and conducted in good faith, 64.The additional conditions for the supply of alcohol. 26. 53.For section 5(3) of the City of London (Various Powers) 54.In section 6(2)(b) of the Finance Act 1970 (Angostura bitters) 55.The Sunday Theatre Act 1972 ceases to have effect. You should also contact your local council for advice on the application process. of licence holder. 8A. Description. However in these situations, its only for private clubs where alcohol is only sold to members. They must understand the social issues and potential problems associated with the sale of alcohol, and also have a good understanding of the business itself. Lunar House 11A. PDF The Business Licensing Act, 1972 Table of Contents 82.The Local Government (Miscellaneous Provisions) Act 1982 is amended as 83.The following provisions cease to have effect. * * * Section 1.1. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. 76.The Local Government, Planning and Land Act 1980 is amended 77.Sections 131 and 132 (licensing in new towns) cease to 78.In section 133 (miscellaneous provision about new towns), in subsection 79.In section 146 (disposal of land by urban development corporation) Indecent Displays (Control) Act 1981 (c. 42). The Secretary of State, in exercise of the powers conferred upon her by sections 120(2)(b), 125(4) and 133(1) of the Licensing Act 2003(1), hereby makes the following Regulations: 1. 65. 2. In order to apply, you must be aged 18 years or over, and (in almost all cases) hold a relevant licensing qualification - for example, the BIIAB Level 2 Award for Personal Licence Holders or a similar accredited qualification. (a)a member of the company of the Master, Wardens, Freemen and Commonalty of the Mistery of the Vintners of the City of London; (b)a person operating under a licence granted by the University of Cambridge;or. 12ZB. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. If you want to make a small, low-risk change to your premises licence, you may be able to use the minor variation process. The Licensing Act imposes licensing requirements on all retailers, wholesalers, distributors, manufacturers, and importers of cigarettes and tobacco products. The use of wording such as "must", "shall" and "will" is encouraged. Omit paragraph 11 (payment of indemnity from central funds). (b)in addition to the documents mentioned in paragraph 23(3) of Schedule 8 to the Act, by a second photograph of the applicant in identical form to the requirements in respect of a photograph of the applicant set out in article 10 of the Licensing Act (Transitional provisions) Order 2005(4) except that the second photograph does not need to be endorsed with a statement verifying the likeness of the photograph to the applicant. 16. of holder, Application for review of premises licence, Review: supply of alcohol from community premises, Summary reviews on application of senior police officer, Review of premises licence following review notice, Interim steps pending section 53C decision coming into effect, Form etc. The relationship is similar to the way that a driving licence permits the driving of any car. How can we improve the UK security industry? Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. The Hypnotism Act 1952 is amended as follows. (c)a person operating premises under a licence granted by the Board of the Green Cloth. 8. Existing licence revoked after grant of new licence. Section 17 (existing letters patent) ceases to have effect. A review must also be undertaken if the police have made an application for summary review on the basis that premises are associated with serious crime and/or disorder. Greater London Council (General Powers) Act 1966 (c. xxviii). (This note is not part of the Regulations). The Building Act 1984 is amended as follows. 10. Private Security Industry Act 2001 (c. 12). The contact details for Home Office (Immigration Enforcement) are: Alcohol Licensing Team (i)taken against a light background so that the applicants features are distinguishable and contrast against the background. Personal licences allow you to sell alcohol on behalf of any business that has a premises licence or a club premises certificate. 6. Betting, Gaming and Lotteries Act 1963 (c. 2). (1) The provision of any entertainment that consists of or Boxing or wrestling entertainment: certain forms of wrestling. 18. 1.Where a licensing authority (a) rejects an application for a Decision to grant premises licence or impose conditions etc. This is because of the impact alcohol has on the wider community, on crime and disorder, and antisocial behaviour. of applications and notices under Part 4, Suspension of club premises certificate for failing to pay annual fee, Licensing authoritys duty to update club premises certificate. 16. 11. The first date in the timeline will usually be the earliest date when the provision came into force. Application for conversion of existing club certificate. This is issued by the licensing authority and authorises the premises or location where the activity is to take place. Children and Young Persons Act 1933 (c. 12). 39.In section 10 (appeal against sentence to Crown Court), at 40.In section 31 (powers of Court of Appeal under Part 41.In section 44 (powers of Court of Appeal under Part 42.In section 50 (meaning of sentence), at the end of 43.The Theatres Act 1968 is amended as follows. There are. (b) The person is exempted from the act under section 25. to be notified of licensing matters, Rights of entry to investigate licensable activities, Appeals against decisions of licensing authorities, Jurisdiction and procedure in respect of offences, Entitlement to work in the United Kingdom. Prepare for the Green CSCS Card Test: Tips and Tricks for Passing the Exam, Get filming your video CV today to get ahead, Follow these top tips to get consistent work in security, How to get a security job as a Door supervisor. Alternatively you can view the postal forms and other guidance specific to club premises certificates. EMROs are designed to address recurring problems such as: You can find the form for a licensing authority to make an EMRO, along with the form to make representations about a proposed EMRO, on the EMRO forms page. Well send you a link to a feedback form. Updated information on accreditation for personal licences. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act. Application for conversion of existing licence. Greater London Council (General Powers) Act 1978 (c. xiii). Schedule 3 to the Lotteries and Amusements Act 1976 (provision (1) Paragraph 1 (interpretation) is amended as follows. Prohibition of alcohol sales at service areas, garages etc. Licensing Act 2003 - Legislation.gov.uk Alternatively you can download the postal form and guidance for minor variations to a premises licence or club certificate. (3)Where the text of the application is transmitted by electronic means, the giving of the application shall be effected at the time the requirements of paragraph 2(a) are satisfied, provided that where any application is required to be accompanied by a fee, or any document that application shall not be treated as given until the fee or document has been received by the relevant licensing authority. in addition to the documents mentioned in paragraph 23(3) of Schedule 8 to the Act, by a second photograph of the applicant in identical form to the requirements in respect of a photograph of the applicant set out in article 10 of the Licensing Act (Transitional provisions) Order 2005(. (1) Section 1 of the Confiscation of Alcohol (Young Persons) 116.In section 115(5) of the Police Act 1997 (enhanced criminal London Local Authorities Act 2000 (c. vii). Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. %%EOF You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Apple Licensing. 9. To help us improve GOV.UK, wed like to know more about your visit today. It lays out the rules both individuals and premises to need to follow to carry out a licensable activities. 68.The Greater London Council (General Powers) Act 1978 is amended 69.Section 3 (human posing to be treated as entertainment) ceases 70.In section 5(4)(a) (definition of booking office). The Act consolidated a diverse system of licences that had been separately issued for late-night refreshment and regulated entertainment. 0 Croydon An offence under section 1 of the Trade Descriptions Act An offence under any of the following provisions of the An offence under section 7(2) of the Gaming Act 1968 An offence under any of the Immigration Acts. PDF Amended Guidance Issued Under Section 182 of The Licensing Act 2003 Types of permissions under the Licensing Act 2003 Temporary Event Notices A Temporary Event Notice can be used to authorise small-scale events on a one-off or occasional basis involving. Club Premises Certificates CPCs are granted to venues where qualifying criteria are met and sale of alcohol takes place. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. 8.(1)An application for the grant of a personal licence made under section 117 of the Act by a holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005 shall be in the form and contain the information set out in Schedule 3, insofar as the provisions are relevant to the application, and Schedule 4 and shall comply with the remaining provisions of this regulation. We use some essential cookies to make this website work. You can view the forms and guidance to apply for a personal licence to sell alcohol. 34.The Greater London Council (General Powers) Act 1966 is amended 35.In section 21(1) (licensing of public exhibitions, etc.). Application to vary premises licence 35. You may also need to send copies of your form (depending on the type of application you are making) to the police and other responsible authorities. 2A. A designated premises supervisor must have a personal licence and must be nominated by the premises license holder for the role of designated supervisor. The GuardPass App is available for download on the Apple App Store or on the Google Play Store. You must complete a consent form, which is provided as part of the online application for a premises licence, and can also be downloaded from the designated premises supervisor forms page. The types of businesses and organisations that need alcohol licences might include: The types of licences required are defined as follows: To apply for a licence, you will need to complete an application form and send it to your local council, along with the fee. The Local Government Act 1972 is amended as follows. A licensing authority shall not reject any application by reason only of the fact that it is given on a form provided otherwise than from the relevant licensing authority but which complies with the requirements of these Regulations. 61. If the licensing authority decides that any representations are relevant, then it must hold a hearing to consider them. In this Schedule justices' licence means a justices' licence under the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. prescribed fee in relation to an application, shall be the fee for such application calculated in accordance with the regulations made by the Secretary of State under Part 6 of the Act. 11. The Whole Act you have selected contains over 200 provisions and might take some time to download. 4. Each business may have only one supervisor selected for this role, but the same person may act as the designated supervisor at more than one business. 118. 16. Changes from the previous (April 2018) version include: 1. Examples of Licensing. The Sunday Observance Act 1780 ceases to have effect. The remaining mandatory conditions are set out in the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014: For further information on these conditions, please see the guidance on mandatory What are the 4 main licensing objectives? If the council considers your reasons for making representations or calling for a review are relevant, it will arrange a hearing to consider the evidence. The Sunday Entertainments Act 1932 ceases to have effect. 29.Application for a provisional statement where premises being built, etc. Act you have selected contains over Look no further for the best new Security Officers! At a hearing, the licensing authority may: All decisions of the licensing authority, and any conditions imposed, must beappropriate for the promotion of the licensing objectives. 2. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. may also experience some issues with your browser, such as an alert box that a script is taking a Information about the Alcohol Wholesalers Registration Scheme added. In section 5(4)(a) (definition of booking office). Lawfully, ID that includes a hologram, name, date of birth and a photo of the. guidance on community involvement in licensing, postal forms and other guidance specific to premises licences, accredited personal licence qualification providers, forms and guidance to apply for a personal licence to sell alcohol, Alcohol Wholesaler Registration Scheme (AWRS), guidance and form to apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor, postal forms and other guidance specific to club premises certificates, postal form and guidance to vary a premises licence, postal form and guidance to vary a club certificate, postal form and guidance for minor variations to a premises licence or club certificate, apply for a temporary event notice online, postal form and guidance for a temporary event notice, information on whether you need approval to put on certain types of regulated entertainment, sale of alcohol below the 27. What types of licence are available? Premises Licenses These are given to the venue itself with conditions to abide by. Licensing Act 2003 5 The Licensing Act: An overview Context The Licensing Act 2003 (the Act) replaced earlier controls of alcohol and introduced a more permissive, flexible regime. Licensing Act 2003 - Legislation.gov.uk 1. 74.In section 4(1) of the Licensed Premises (Exclusion of Certain 75.In Part 3 of Schedule 6 to the Magistrates' Courts Local Government, Planning and Land Act 1980 (c. 65). Otherwise, you can apply by using the postal forms available in the relevant section of this guidance. What are the 3 types of licence issued under the Licensing Act 2003 * * * "Reciprocal license." A license issued under section 602(a) through (e). Are you looking for a job? Your local council will want to know of any relevant criminal convictions, and these may impact on whether or not youre found to be suitable as a licensee. PDF Licensing Act 2003 Best Practice Guidance Document and - Crawley Your council will be able to provide further details. 8. Where an application is properly made and no responsible authority orother person makes representations, the licensing authority must grant the application, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the act. (1) Paragraph 1 (interpretation) is amended as follows. 9.(1)An application shall be given in writing. Keeping alcohol on premises for unauthorised sale etc. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). (1) This paragraph applies where, on a review of a PART 4 Questions about leave to enter or remain in the UK. Act 1985 (c. 57). 64.In paragraph 8 (appeals) (a) in sub-paragraphs (2) and (3), 65.Omit paragraph 11 (payment of indemnity from central funds). (1) An indoor sporting event is a sporting event. Premises and club licence summary There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. Members clubs can operate under club premises certificates instead of premises licences. 12ZA. 103.In section 11 (provision of board facilities by local housing 104.In Schedule 1 (tenancies which are not secure tenancies), in 105.Section 5 of the Sex Discrimination Act 1986 (discrimination required Fire Safety and Safety of Places of Sport Act 1987 (c. 27). | Institute of Licensing in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website. Premises licences, club premises certificates and temporary event notices can authorise licensable activities at any premises, which can include open spaces and temporary structures as well as buildings . Late night refreshment is the sale of hot food or drink to the public to consume off or on the premises) between 11pm and 5am. It may include: You can read information on whether you need approval to put on certain types of regulated entertainment. Use this menu to access essential accompanying documents and information for this legislation item. Comments may be positive or negative, but will only be considered relevant by the council if they relate clearly to the licensing objectives: Councils will also reject comments considered to be frivolous (not serious or time-wasting) or if they relate to personal disputes between businesses. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. of applications and notices under Part 4, 92A.Suspension of club premises certificate for failing to pay annual fee. Different options to open legislation in order to view more content on screen at once. cost of duty plus VAT. 8B. of licence holder. The "Challenge 25" Scheme suggests acceptance of Passports, Photographic Driver's Licences and PASS approved cards. These types of license agreements usually cost less for the licensee. * * * "Standard license." Any license issued under this act that is not a reciprocal license. The personal licence is designed to ensure that anybody running or managing a business that sells or supplies alcohol will do so in a professional fashion. Who is responsible for licensing committee? long time to run. legible in all material respects means that the information contained in the application is available to the recipient to no lesser extent than it would be if it were given by means of a document in written form; person of standing in the community includes a bank or building society official, a police officer, a civil servant or a minister of religion; and. (1) Paragraph 8 of Schedule 2 to the Private Security Criminal Justice and Police Act 2001 (c. 16). Eligibility and guidance notes Download the. Sub-delegation of functions by licensing committee etc. You can apply online if your council accepts electronic applications. 5 Things You Need To Know About The Licensing Act 2003 25. Existing club certificate revoked after grant of new certificate. Production of licence, rights of entry, etc. Registered societies, friendly societies etc. Or you can also apply to replace the designated premises supervisor, if you already have one, with the management committee. Universities (Wine Licences) Act 1743 (c. 40). Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. 66.In paragraph 18 (fees), for proper officer substitute clerk. 6A. 250 0 obj <> endobj 98.Meaning of permitted temporary activity, 100A.Standard and late temporary event notices, 101.Minimum of 24 hours between event periods, 104.Objection to notice by a relevant person, 104A.Counter notice following objection to late notice, 105.Counter notice following objection to standard temporary event notice, 106.Modification of standard temporary event notice following objection, 106A.Conditions on standard temporary event notice following objection, 107.Counter notice where permitted limits exceeded. The Licensing Act 2003 is at the core of the Personal License qualification. This is the original version (as it was originally made). 3.35 It is a criminal offence under section 136 of the 2003 Act to carry on any of the licensable activities listed at paragraph 3.2 above other than in accordance with a licence or other . This article will argue that reform under the MLA 2003 has also improved the moneylending licensing regime. 177.Dancing in certain small premises, 177A.Licence review for live and recorded music, 178.Right of freeholder etc. Obtaining alcohol for a person who is drunk, Unaccompanied children prohibited from certain premises, Order suspending a licence in respect of offence under section 147A, Sale of liqueur confectionery to children under 16, Purchase of alcohol by or on behalf of children, Prohibition of unsupervised sales by children, Enforcement role for weights and measures authorities, Confiscation of sealed containers of alcohol, Prohibition on sale of alcohol on moving vehicles, Power to prohibit sale of alcohol on trains, False statements made for the purposes of this Act, Orders to close premises in area experiencing disorder, Application to magistrates' court by police, Consideration of closure order by magistrates' court, Appeal from decision of magistrates' court, Review of premises licence following closure order, Provision about decisions under section 167, Closure notices for persistently selling alcohol to children, Exemption of police from liability for damages, Relaxation of opening hours for special occasions, Power to make early morning alcohol restriction order, Procedural requirements for early morning alcohol restriction order, Making of early morning alcohol restriction order, Variation and revocation of early morning alcohol restriction order, Exceptions from effect of early morning alcohol restriction order, Authorisation of off-sales for limited period, Off-sales review of premises licence following review application, Interim steps pending section 172I decision coming into effect, Procedural requirements in relation to off-sales reviews and hearings, Activities in certain locations not licensable, Certifying of premises on grounds of national security. (1) An application for the grant of a personal licence made under section 117 of the Act by a holder of a justices' licence during the period commencing on 7th February 2005 and ending on. In Scotland you can apply online for an occassional licence. Every aspect of licensing will involve at least one if not all of these objectives, all Licensed Premises will have to show how they will or promoting these 4 objectives. False statement relating to licensing etc. 96.The Sporting Events (Control of Alcohol etc.) You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. (1) The provision of relevant entertainment (a) at premises for 12.The provision of any entertainment (a) on premises consisting Entertainment provided by health care providers, local authorities and school proprietors. (iii)full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering, (v)one of which is endorsed with a statement verifying the likeness of the photograph to the applicant by a solicitor, notary, a person of standing in the community or any individual with a professional qualification; and. In section 9 (interpretation) (a) omit subsection (5), and. The Licensing Act 1902 is amended as follows. Read the guidance and form to apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor. Alternatively you can download the postal form and guidance for a temporary event notice. The Home Office does not receive, store or share personal data in relation to applications under the Licensing Act 2003, other than for the purpose of carrying out necessary immigration status checks on behalf of the licensing authority, as set out in relevant licensing forms and in the statutory guidance issued under s182 of the Act. Supplementary provision about determinations under section 35 37.. Terms Operating Licence An Operating Licence permits a licensee to operate specific gambling facilities, for. Apple's licensing agreement for the iPhone and iPad is an example of a sole licensing agreement.
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