Licensing Authorities are responsible for licensing the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment in England and Wales. If you are carrying out any of these activities, we can obtain the relevant authorisations for you.

The Act establishes a single integrated scheme for licensing premises, which are used for the supply of alcohol, to provide regulated entertainment or to provide late night refreshment. Permission to carry on some or all of these licensable activities will now be contained in a single licence – the premises licence, and the Act has accordingly swept away considerable red tape at a stroke.

The Act also provides a balanced package of freedoms and safeguards. It has an important role in the prevention of crime and disorder and public nuisance perpetrated by a minority, and gives the responsible majority more freedom and choice about how they spend their leisure time.

The Act provides certain rights of appeal to the magistrates' court for those who feel aggrieved by decisions made by licensing authorities. A right of appeal is not only afforded to applicants where their application has been rejected, or has been granted subject to conditions, but is also afforded to those who make relevant representations in relation to an application; for example, a local resident has a right to appeal against the decision of the licensing authority to grant a premises licence if they make relevant representations as an interested party in relation to the application where he considers the application should not have been granted.

We can provide guidance for interested parties in relation to their representations/objections to licensing applications.

The Act marked the end of the previous outdated licensing regimes. The legislation reflects that the licensable activities it covers are to be carried on in a modern, vibrant society and deserves a more streamlined and unified licensing system.

Key measures contained in the Act include:

• Flexible opening hours for premises, with the potential for up to 24 hour opening, seven days a week, subject to consideration of the impact on local residents, businesses and the expert opinion of a range of authorities in relation to the licensing objectives. This will help to minimise public disorder resulting from fixed closing times
• A single premises licence which can permit premises to be used to supply alcohol, to provide regulated entertainment and to provide refreshment late at night.
• A new system of personal licences relating to the supply of alcohol which enables holders to move more freely between premises where a premises licence is in force
• Premises licences issued by licensing authorities after notification to and scrutiny of all applications by the police and other responsible authorities. Those living in and businesses operating in the vicinity of the premises can also make representations about applications
• Personal licences issued by licensing authorities including those subject of scrutiny by the police where the applicant has been convicted of ’relevant‘ offences.

Q&A

What will the Act Deliver?
What are the activities covered by the Licensing Act?
Do I need a licence?
Does the Act mean 24 hour opening for licensed premises?
Won't longer opening hours for pubs and clubs lead to more disorder and disturbance to people who live nearby?

What will the Act Deliver?

The main benefits of the Act are:

• It is a key part of the Government's strategy for combating alcohol-related crime and disorder and anti-social behaviour. It will help to reduce the problems of disorder and disturbance associated with fixed universal closing times
• The hospitality and leisure industry is a major part of the tourism sector and the Act will contribute towards a significant boost for tourism
• It represents a radical modernisation of an archaic licensing system which has made our cities and towns less attractive to visitors and hinders efforts to compete with European cities
• It forms part of the Government's regulatory reform agenda and should save industry £1.97 billion in the first ten years of operation
• It provides much greater scope for the further development of our rich culture of live music, dancing and theatre, both in rural areas and in our towns and cities. Local Authorities will be able to recognise and supplement their role in promoting these cultural benefits through their direct involvement in the new regime
• It creates a licensing system that affords a voice to local residents living and businesses operating near premises where licensable activities are carried on.

What are the activities covered by the Licensing Act?

The Act lists four licensable activities, which are regulated by the provisions of the Act. These are:

• The sale by retail of alcohol
• The supply of alcohol by clubs
• The provision of regulated entertainment
• The provision of late night refreshment

Do I need a licence?

Licensable activities may only be carried on under, and in accordance with:

• Premises licences
• Temporary event notice
• Club premises certificate

If you intend to carry on any of the licensable activities and unless your activity is covered by one of the exemptions in the Act, you need one of these three authorisations.

It is an offence to carry on any licensable activity without the relevant authorisation.

Does the Act mean 24 hour opening for licensed premises?

Not necessarily. The Act leads towards flexible, rather than uniform, closing times and allow for the possibility of premises to remain open for up to 24 hours. The actual hours of operation will vary from venue to venue depending on the operator's wishes and the consideration of the views of people affected, for example, local residents and businesses. As part of their application for a premises licence, applicants are required to submit an operating schedule to the licensing authority, which will include the proposed hours of operation. If no relevant representations are made in relation to the application, the licensing authority must grant the application.

In practice, this means that, unless relevant representations are made, the operating hours included in the licence will be those requested by the applicant. If, on the other hand, relevant representations are made, the licensing authority has discretion on the matter.  In determining what opening hours to include in the premises licence, the licensing authority will take into account the relevant representations and will reach its decision on what is necessary with a view to promoting the licensing objectives.

Recent surveys have shown that only a small percentage of licensed premises have been granted 24 hour opening, and many of these will not be opening around the clock, they merely want the flexibility for special occasions. 

Won't longer opening hours for pubs and clubs lead to more disorder and disturbance to people who live nearby?
 
In the context of premises selling alcohol under the old licensing regime, research showed that crime and disorder was worst at 'chucking out time' when, following a race to drink in excess just prior to last orders, everyone was forced out of pubs and clubs at the same time. This produced conflict and heavy pressure on police resources to keep control. The Government believes that flexible opening hours allows for a more dispersed departure of drinkers during the night, thereby reducing this problem and making life more manageable for the police and local residents.  The Act also gives local communities a voice in licensing applications and provides a more effective range of remedies which can be taken against badly run premises.

Further information

The Act can be accessed at the HMSO website.