3 types of licence issued under the licensing act 2003

Act 1985 is 97.In the following provisions, for intoxicating liquor substitute alcohol. 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. Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. 2.-(1) in this Act unless the context otherwise requires:-"auxiliary business'' means any business not specified in a business licence fee, which may be lawfully carried on under such licence For personal license applicants the Licensing Act lays down the law for the sale and purchase of alcohol in a variety of circumstance. (1) The supply of hot food or hot drink is Exempt supplies: clubs, hotels etc. What are the 3 types of licence issued under the Licensing Act 2003 Prohibition of alcohol sales at service areas, garages etc. Section. Act you have selected contains over You Terms 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. Access essential accompanying documents and information for this legislation item from this tab. 4.Section 35 of the Town Police Clauses Act 1847 (harbouring 5.The following provisions of the Cambridge Award Act 1856 cease 6.In the First Schedule to the Inebriates Act 1898 (offences 7.The Licensing Act 1902 is amended as follows. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. Section 17 (existing letters patent) ceases to have effect. memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003 Licensable Activities . 112.Section 21 of the Deregulation and Contracting Out Act 1994 113.In section 14 of the London Local Authorities Act 1995 114.In section 232(7) of the Employment Rights Act 1996 (definition Confiscation of Alcohol (Young Persons) Act 1997 (c. 33). of licence holder, Cancellation of interim authority notice following objections, Supplementary provision about interim authority notices, Reinstatement of licence on transfer following death etc. 13.Authorised persons and responsible authorities, 15.Meaning of designated premises supervisor, 18.Determination of application for premises licence, 19.Mandatory conditions where licence authorises supply of alcohol, 19A.Power of Secretary of State to impose section 19(4) mandatory conditions, 20.Mandatory condition: exhibition of films, 25.Theft, loss, etc. The one exception is a community premises that has successfully applied to waive the DPS requirement under section 41D of the act. may also experience some issues with your browser, such as an alert box that a script is taking a The Regulations prescribe the application form to be used by the applicant, the information to be supplied and the documents to accompany the application for the grant or renewal of a personal licence (regulations 6 and 7 and Schedules 1 to 3). Dont worry we wont send you spam or share your email address with anyone. 3. What Is the Licensing Act 2003? | Virtual College 200 provisions and might take some time to download. Supplementary provision about determinations under section 35 37.. For more tips, the latest security news and exciting prize draw campaigns, sign up above to receive emails and stay updated. 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. cheaper elsewhere. 93.Licensing authoritys duty to update club premises certificate. Cigarette & Tobacco Products Licensing Registration and - California (b)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. Licensing Objectives If you wish to make a representation, then the issue must relate to one of the following licensing objectives or it will not be valid. For further information see the Editorial Practice Guide and Glossary under Help. 2. 29.The Betting, Gaming and Lotteries Act 1963 is amended as 30.In section 10(1B) (conduct of licensed betting offices) for the 31.In Schedule 4 (rules for licensed betting offices), in paragraph Children and Young Persons Act 1963 (c. 37). The objective of the Licensing Act 2003 (the Act) is to provide a clear, transparent framework for making decisions about applications by individuals or businesses wishing to sell or supply alcohol, or provide certain types of regulated entertainment and late night refreshment. Types of Licensing Agreements | UpCounsel 2023 Croydon PDF Guidance on Making Representations under the Licensing Act 2003 100.In section 8 (offences) (a) in paragraph (b), for , 101.In section 9 (interpretation) (a) omit subsection (5), and. This means, for example, that they are not required to have a designated premises supervisor, and sales of alcohol do not need to be authorised by a personal licence holder. to be notified of licensing matters, 179.Rights of entry to investigate licensable activities, 180.Right of entry to investigate offences, 181.Appeals against decisions of licensing authorities, 188.Jurisdiction and procedure in respect of offences, Vessels, vehicles and moveable structures, 189.Vessels, vehicles and moveable structures, 192A.Entitlement to work in the United Kingdom. 1. Alternatively you can download the postal form and guidance for a temporary event notice. Changes from the previous (April 2018) version include: 1. (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. This is issued by the licensing authority and authorises the premises or location where the activity is to take place. Are you looking for a job? The GuardPass App is available for download on the Apple App Store or on the Google Play Store. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. This date is our basedate. You can also call for an existing licence to be reviewed by the council if you have concerns relating to the licensing objectives. 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. The offence at common law of conspiracy to defraud. (1) An indoor sporting event is a sporting event. 140.Allowing disorderly conduct on licensed premises etc. (i)a criminal conviction certificate issued under section 112 of the Police Act 1997(2), (ii)a criminal record certificate issued under section 113A of the Police Act 1997, or, (iii)the results of a subject access search under the Data Protection Act 1998(3) of the Police National Computer by the National Identification Service, and, in any case such certificate or search results shall be issued no earlier than one calendar month before the giving of the application to the relevant licensing authority, and. Children and Young Persons Act 1933 (c. 12). cost of duty plus VAT. 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. Whoever holds this role must be named in the operating schedule, which you will need to complete as part of the application process, when you apply for a premises licence. %PDF-1.7 % (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). If you are applying for a personal licence, you must obtain an accredited qualification first. If representations are made by a responsible authority or other person, it is for the licensing authority to decide whether those representations are relevant to the licensing objectives and not frivolous or vexatious. Licensing Act 2003 Explained - www.kingston.gov.uk of premises licence or summary, Grant of premises licence: supply of alcohol from community premises, Death, incapacity, insolvency etc. apply. To help us improve GOV.UK, wed like to know more about your visit today. 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. (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. 5. The Licensing Act 2003 has set four licensing objectives, all of which are of equal importance. 16. There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. For more information see the EUR-Lex public statement on re-use. 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. A premises licence authorises the use of any premises (which is defined in the Licensing 2003 Act as a vehicle, vessel or moveable structure or any place or a part of any premises) for licensable activities as defined in section 1 of the 2003 Act. 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(. licensing conditions. The Licensing Act sets out four licensing objectives of no preferential order which must be taken into account and adhered to: The prevention of crime and disorder, public safety, prevention of public nuisance, and the protection of children from harm In Scotland there is a fifth licensing objective: protecting and improving public health. The Licensing Act 2003 (Personal licences) Regulations 2005 You - or someone representing you- will be invited to the hearing to explain your concerns. (2)Notwithstanding the requirement in paragraph (1) and subject to paragraph (3), that requirement shall be satisfied in a case where. The relationship is similar to the way that a driving licence permits the driving of any car. There are four kinds of license under The Licensing Act 2003 Personal Licenses These allow the holder to sell of authorise the sale of alcohol. Licensing Framework for Telecom: A Historical Overview 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. Can I do simple additional courses to take my career to the next level. (1) This paragraph applies where, on a review of a PART 4 Questions about leave to enter or remain in the UK. 8B. The first date in the timeline will usually be the earliest date when the provision came into force. In sum, it is suggested that the strength of licensing lies in the identification of competent traders and the exclusion of the incompetent and dishonest. A designated premises supervisor (DPS) is the person who has day-to-day responsibility for the running of the business. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. A cigarette and tobacco products license is required in addition to other permits, accounts, and licenses that may be required depending on your business operations. Personal licence qualification providers are accredited by the Home Secretary. Universities (Wine Licences) Act 1743 (c. 40). If a business is found to have purchased alcohol from an unapproved wholesaler, they may be liable to a penalty or could even face criminal prosecution and have their alcohol stock seized. (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. You can apply online if your council accepts electronic applications, please use our licence finder to find the appropriate forms. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. The aim of the qualification is to ensure that licence holders are aware of licensing law and the wider social responsibilities involved in the sale of alcohol. You can change your cookie settings at any time. 28. The Sporting Events (Control of Alcohol etc.) However, you can reapply using the full variation process. Schedule 3 to the Lotteries and Amusements Act 1976 (provision (1) Paragraph 1 (interpretation) is amended as follows. 284 0 obj <>stream 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). Any person or business may make representations on premises licence applications or club premises certificate applications. In section 21(1) (licensing of public exhibitions, etc.). (1) Paragraph 8 of Schedule 2 to the Private Security Criminal Justice and Police Act 2001 (c. 16). (2)An application for the renewal of a personal licence made under section 117 of the Act (application for grant or renewal of a personal licence) shall be in the form and shall contain the information set out in Schedule 2 to these Regulations and shall be accompanied by the prescribed fee. For general enquires on licensing you should contact your Local Licensing Authority. The full variation process is very similar to the application process for a new premises licence and the fee is the same. 8. False statement relating to licensing etc. of licence holder. For further information, see Schedule 2 to the Licensing Act 2003. 64.In paragraph 8 (appeals) (a) in sub-paragraphs (2) and (3), 65.Omit paragraph 11 (payment of indemnity from central funds). Premises Licenses These are given to the venue itself with conditions to abide by. How can we improve the UK security industry? 21.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 22.In section 14(2)(a) (protection against insecurity of tenure of place 23.In section 18(3)(a) (protection against insecurity of tenure in connection 24.In section 27(1) (renewal of tenancy expiring during period of 25.The Hypnotism Act 1952 is amended as follows. 6A. The Whole Act you have selected contains over 200 provisions and might take some time to download. 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 . The Building Act 1984 is amended as follows. 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. Sub-delegation of functions by licensing committee etc. 11. 2A.An offence under the Public Health (Minimum Price for Alcohol) 3.An offence under the Firearms Act 1968 (c. 27). (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. Section 204 (licensed premises) ceases to have effect. endstream endobj startxref 17. 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). 7. 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. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. This should be undertaken as a simple administrative process by the licensing authoritys officials. of holder, 51.Application for review of premises licence, 52.Determination of application for review, 52A.Review: supply of alcohol from community premises, Summary reviews in serious cases of crime or disorder, 53A.Summary reviews on application of senior police officer, 53C.Review of premises licence following review notice, 53D.Interim steps pending section 53C decision coming into effect, 54.Form etc. The Act consolidated a diverse system of licences that had been separately issued for late-night refreshment and regulated entertainment. 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. 8. 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. Premises that do not have a NNDR because they under construction are allocated to Band C. An additional fee may be payable in respect of large scale events, where 5,000 or more people are due to attend at a venue that is not purpose-built. 16. The types of licences required are defined as follows: any business or other organisation that sells or supplies alcohol on a permanent basis needs to apply for a premises licence anyone who. two photographs of the applicant, which shall be. In terms of right to work and entitlement, the revised guidance substantially changed 4.21 onwards 2. (1) Health care provider means a person providing any form 20.Local authority means (a) a local authority within the meaning Schools, school proprietors and school premises. In respect of an application for a personal licence made by the holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005, regulation 8 and Schedules 3 and 4 prescribe the application form to be used by the applicant, the information to be supplied and the documents to accompany the application. PDF Licensing Act 2003 - Guidance for Applicants and Licence Holders 96.The Sporting Events (Control of Alcohol etc.) 102.The Housing Act 1985 is amended as follows. Characters: Television and movie characters can be licensed for use on greeting cards, toys, clothing, and so on. What types of licence are available? If you wish to change any aspect of your licence or club certificate once it has been granted, you will need to apply to your local council for either a full or a minor variation. (1) Schedule 1 to the Sunday Trading Act 1994 (restrictions Criminal Justice and Public Order Act 1994 (c. 33). 107.In paragraph 40(1) of Schedule 3 to the Norfolk and 108.In Schedule 1 to the Housing Act 1988 (tenancies which Town and Country Planning Act 1990 (c. 8). The Licensing Act 2003 is at the core of the Personal License qualification. of applications and notices under Part 6. 1. Licensing Act 2003 explained - Sutton Council of licence holder. (2)The application shall be accompanied by. 85. 110. 6.(1)Except in the case of an application for the grant of a personal licence by the holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005, in which case the provisions of regulation 8 shall apply, an application for the grant of a personal licence made under section 117 of the Act (application for grant or renewal of a personal licence) shall be in the form and shall contain the information set out in Schedule 1 to these Regulations and shall be accompanied by the prescribed fee. 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. 5. Here are the top five things you need to know about The Licensing Act 2003. This is cheaper and quicker than the full variation application. If you are in England and Wales you can apply for a temporary event notice online. Existing club certificate revoked after grant of new certificate. 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). 69.Authorised persons and responsible authorities, 71.Application for club premises certificate, 72.Determination of application for club premises certificate, 73.Certificate authorising supply of alcohol for consumption off the premises, 73A.Mandatory conditions relating to the supply of alcohol to members or guests, 73B.Power of Secretary of State to impose section 73A mandatory conditions, 74.Mandatory condition: exhibition of films, 75.Prohibited conditions: associate members and their guests, 77.Grant or rejection of application for club premises certificate, 79.Theft, loss, etc. There is no such requirement for the supply of alcohol in a members club. 9. 118. Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32). The Licensing Act 2003 brought in a large number of changes in relation to the sale of alcohol, entertainment and the ability to sell hot food or hot drinks after 11PM. 12. after you book, Over 90% of our customers pass the exam in the first Licensing Act 2003 - Warwick District Council Step By Step Guide To Apply For Your SIA Licence. mortgage lender, or mortgage servicer and a licensed loan officer if that licensure is required under the mortgage loan originator licensing act. 94.Duty to keep and produce certificateetc. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act. 21. Consistently rated 5-stars on review sites like 34.The Greater London Council (General Powers) Act 1966 is amended 35.In section 21(1) (licensing of public exhibitions, etc.). 18. Application for conversion of existing club certificate. Inspection of premises before grant of certificate etc. 5. 5 Things You Need To Know About The Licensing Act 2003 2. The Whole 15. 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. 32.For section 37(2)(b) of the Children and Young Persons Act Offices, Shops and Railway Premises Act 1963 (c. 41). of temporary event notice or statement of conditions, Meaning of relevant offence, immigration offence, foreign offence and immigration penalty, Application for grant of personal licence, Individual permitted to hold only one personal licence, Duty to notify licensing authority of convictions etc during application period. Greater London Council (General Powers) Act 1978 (c. xiii). 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. Information about the Alcohol Wholesalers Registration Scheme added. We offer price match if you find the same course 29.Application for a provisional statement where premises being built, etc. The form of the personal licence is prescribed in regulation 5. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. To be classified as a club for the purpose of this certificate, a group must meet several conditions. 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. The law and policy governing this area is overseen by the Home Office. Anyone who sells alcohol after a closure notice has been issued and is in effect can be arrested or summoned for the criminal offence under S.136 of unlicensed activity. Licence Type. Where a licence application was made prior to the coming . Inspection of premises before grant of licence etc. You can apply to vary a DPS by following the online process in the premises licence section above. (1) Schedule 9 (permits in respect of amusement machine premises) City of London (Various Powers) Act 1968 (c. xxxvii). Variation of licence to specify individual as premises supervisor. Look no further for the best new Security Officers! 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. You will also need to provide a basic criminal conviction disclosure form. 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. Lessening the burden on persons operating an alcohol delivery service to suggest they " may consider contacting their licensing authority" (previously "should") under paragraph 3.10 3. You have accepted additional cookies. You can view the forms and guidance to apply for a personal licence to sell alcohol. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Once you receive your personal licence, you can act as the designated premises supervisor for any business that sells or supplies alcohol. You should use this process if you want to make a substantial change to your licence, for example, increasing the hours when you sell alcohol. Personal licences allow you to sell alcohol on behalf of any business that has a premises licence or a club premises certificate. 7. 115. 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.

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