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. 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. Eligibility and guidance notes Download the. 143.Failure to leave licensed premises etc. 124.Convictions coming to light after grant 126.Theft, loss, etc. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). The offence at common law of conspiracy to defraud. * * * "Reciprocal license." A license issued under section 602(a) through (e). These Regulations may be cited as the Licensing Act 2003 (Personal licences) Regulations 2005 and shall come into force on 7th February 2005. The person chosen to be designated premises supervisor (DPS) will act as primary contact for local government and the police. In terms of right to work and entitlement, the revised guidance substantially changed 4.21 onwards 2. This Act may be cited as the Business Licensing Act, 1972 and shall be deemed to have come into operation on the first day of Septe-mber, 1972. 80.In section 1(4) of the Indecent Displays (Control) Act 1981 81.In section 18 of the New Towns Act 1981 (disposal Local Government (Miscellaneous Provisions) Act 1982 (c. 30). This article will argue that reform under the MLA 2003 has also improved the moneylending licensing regime. 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 Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. must provide on request the forms listed in the Schedules printed on paper; or. of premises licence or summary, 25A.Grant of premises licence: supply of alcohol from community premises, 26.Period of validity of premises licence, 27.Death, incapacity, insolvency etc. . The Sporting Events (Control of Alcohol etc.) 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. 138.Keeping alcohol on premises for unauthorised sale etc. Application to vary premises licence 35. However, in the telecom sector, the government had complete monopoly until the early 1990s. a person operating premises under a licence granted by the Board of the Green Cloth. 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. Early morning alcohol restriction orders (EMRO) enable a licensing authority to prohibit the sale of alcohol for a specified time between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objectives. 85. 1.The Universities (Wine Licences) Act 1743 ceases to have effect. 2.The Disorderly Houses Act 1751 does not apply in relation 3.The Sunday Observance Act 1780 ceases to have effect. 63. 56.Licensing authoritys duty to update licence document. (1) An indoor sporting event is a sporting event. However in these situations, its only for private clubs where alcohol is only sold to members. Operating Licence An Operating Licence permits a licensee to operate specific gambling facilities, for. (b) The person is exempted from the act under section 25. In the case of such applications reference should also be made to the Licensing Act 2003 (Transitional provisions) Order 2005 S.I. 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. (1) This paragraph applies where a review of interim steps Summary off-sales review of premises licence. For general enquires on licensing you should contact your Local Licensing Authority, do not use the email address above. For more tips, the latest security news and exciting prize draw campaigns, sign up above to receive emails and stay updated. CR9 2BY, To email immigration enforcement: Alcohol@homeoffice.gov.uk. 94.Duty to keep and produce certificateetc. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 3. 284 0 obj <>stream 4.(1)The following persons are prescribed for the purposes of section 120(2)(b) of the Act. 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. 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 fees paid in respect of applications for new premises licences and club premises certificates; applications for full variations to premises licences and club premises certificates; and annual fees in respect of premises licences and club premises certificates vary dependent on the national non-domestic rateable value (NNDR) band of the premises. The Hypnotism Act 1952 is amended as follows. No changes have been applied to the text. Record labels: A record label can license its catalog of music to an overseas company instead of taking the lead in the release of the music. is capable of being accessed by the recipient; is capable of being read and reproduced in legible written form and used for subsequent reference; the person to whom the application is to be given has agreed in advance that an application may be given to them by those means; and. Registered societies, friendly societies etc. Application for conversion of existing licence. You can apply online if your council accepts electronic applications, there is a separate online application depending on whether you are in England and Wales, Scotland or Northern Ireland. * * * "Standard license." Any license issued under this act that is not a reciprocal license. (1) For the purposes of this Act, a person provides 2.Food or drink supplied on or from any premises is Exempt supplies: designated areas, descriptions of premises and times. 65. 5. Description. Where a licence application was made prior to the coming . of applications and notices under Part 6, 134.Licensing authoritys duty to update licence document, 135.Licence holders duty to produce licence, 137.Exposing alcohol for unauthorised sale. This date is our basedate. Businesses, organisations and individuals who want to sell or supply alcohol in England and Wales must have a licence or other authorisation from a licensing authority - usually a local council. Schedule 3 to the Lotteries and Amusements Act 1976 (provision (1) Paragraph 1 (interpretation) is amended as follows. Changes over time for: Section 3 16/12/2003 Changes to legislation: Licensing Act 2003, Section 3 is up to date with all changes known to be in force on or before 10 March 2023. If the police or local government have any questions or concerns about the business, they will expect to be able to reach the designated supervisor. 2. a declaration by the applicant, in the form set out in Schedule 3, that either he has not been convicted of a relevant offence or a foreign offence or that he has been convicted of a relevant offence or a foreign offence accompanied by details of the nature and date of the conviction and any sentence imposed on him in respect of it. Forms can be obtained from your local council. 3. The Gaming Act 1968 is amended as follows. What are the 4 main licensing objectives? It lays out the rules both individuals and premises to need to follow to carry out a licensable activities. Application for a provisional statement where premises being built, etc. 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. Meaning of permitted temporary activity, Standard and late temporary event notices, Minimum of 24 hours between event periods, Counter notice following objection to late notice, Counter notice following objection to standard temporary event notice, Modification of standard temporary event notice following objection, Conditions on standard temporary event notice following objection, Counter notice where permitted limits exceeded, Right of entry where temporary event notice given, Duty to keep and produce temporary event notice and statement of conditions, Theft, loss, etc. 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). You can apply online if your council accepts electronic applications. Copyright Copyright 2022 | All rights reserved | Call Us 0207 078 7259, 5 Things You Need To Know About The Licensing Act 2003, The difference between the Green CSCS card and other CSCS card types: Which one is right for you, GuardPass The Ultimate All-in-one Security App. Businesses that sell alcohol to the public will need to ensure that the UK wholesalers they buy alcohol from have been approved by HMRC under the Alcohol Wholesaler Registration Scheme (AWRS). Clubs which are not recognised clubs: members and guests. No versions before this date are available. 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. Prevention of Crime and disorder -. In section 21(1) (licensing of public exhibitions, etc.). What types of licence are available? 5. The Whole What are the three types of licence issued under the Act? 1.Where a licensing authority (a) rejects an application for a Decision to grant premises licence or impose conditions etc. 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. 177.Dancing in certain small premises, 177A.Licence review for live and recorded music, 178.Right of freeholder etc. 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. (ii)is capable of being accessed by the recipient; (iii)is legible in all material respects; and. 2. If you disagree with the councils decision following a hearing, you have the right to appeal to the magistrates court. If you need help with understanding types of licensing agreements, you can post your legal . 63.Determining whether a club is established and conducted in good faith, 64.The additional conditions for the supply of alcohol. may also experience some issues with your browser, such as an alert box that a script is taking a 16. A designated premises supervisor must have a personal licence and must be nominated by the premises license holder for the role of designated supervisor. They will need to check the wholesalers Unique Registration Number (URN) against the HMRC online database. 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. 15. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Determination of application under section 34 36. 10. 17.In each of the following provisions of the London Building 18.In section 1(4) of the Civic Restaurants Act 1947 (civic London County Council (General Powers) Act 1947 (c. xlvi). 9.(1)An application shall be given in writing. 57.In section 78(1)(supplementary provision relating to changes in local government 58.In section 101 (arrangements for discharge of functions by local 59.In section 145(4) (provision of entertainment), for intoxicating liquor substitute 60.Section 204 (licensed premises) ceases to have effect. 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. For general enquires on licensing you should contact your Local Licensing Authority. Step By Step Guide To Apply For Your SIA Licence. Rights of entry, production of notice, etc. Types of licence There are three types of licence under the Gambling Act 2005. The Licensing Act 2003 has set four licensing objectives, all of which are of equal importance. Any person or business may make representations on premises licence applications or club premises certificate applications. Personal Licenses These allow the holder to sell of authorise the sale of alcohol. 25. (2)Notwithstanding the requirement in paragraph (1) and subject to paragraph (3), that requirement shall be satisfied in a case where. You can apply to vary a DPS by following the online process in the premises licence section above. cost of duty plus VAT. 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. %PDF-1.7 % If you are applying for a personal licence, you must obtain an accredited qualification first. * * * Section 1.1. 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. If you disagree with the councils decision, you have a right of appeal to the magistrates court. The following provisions cease to have effect. In addition, the licensing authority must review a licence if the premises to which it relates was made the subject of a closure order by the police based on nuisance or disorder, and the magistrates court has sent the authority the relevant notice of its determination. Alternatively you can view the postal forms and other guidance specific to club premises certificates. The Theatres Act 1968 is amended as follows. Once you receive your personal licence, you can act as the designated premises supervisor for any business that sells or supplies alcohol. (This note is not part of the Regulations). 82.The Local Government (Miscellaneous Provisions) Act 1982 is amended as 83.The following provisions cease to have effect. 59.Inspection of premises before grant of licence etc. The Criminal Appeal Act 1968 is amended as follows. 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 . 47.In section 18(1) (interpretation), in the definition of licensing authority, 48.The Gaming Act 1968 is amended as follows. 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. 10. 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. It may include: You can read information on whether you need approval to put on certain types of regulated entertainment. and employees. 61. 22. of certificate or summary, Period of validity of club premises certificate, Notification of change of name or alteration of rules of club, Change of relevant registered address of club, Application to vary club premises certificate, Determination of application under section 84, Supplementary provision about applications under section 84, Application for minor variation of club premises certificate, Determination of application under section 86A, Supplementary provision about determinations under section 86B, Application for review of club premises certificate, Form etc. The Regulations require the relevant licensing authority to provide the application forms for applicants on request and provides a discretion to provide these on its website. 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. Lawfully, ID that includes a hologram, name, date of birth and a photo of the. 1. The GuardPass App is available for download on the Apple App Store or on the Google Play Store. Production of certificate, rights of entry, etc. Inspection of premises before grant of certificate etc. Information on the different types of alcohol licences available and guidance on how to apply for them. The sale by retail of alcohol and the supply of alcohol by or on behalf of a club are both licensable activities. Microsoft licenses its software products through various agreements, including volume licensing, Select Plus, Open Licensing, and Campus Agreement. (1) Schedule 1 to the Sunday Trading Act 1994 (restrictions Criminal Justice and Public Order Act 1994 (c. 33). Thinking of applying for a Personal Licence? 9. 250 0 obj <> endobj Consistently rated 5-stars on review sites like (1) Section 6 (prohibition of sale of alcohol to person 9.After section 8 (meaning of public place) insert Interpretation of Celluloid and Cinematograph Film Act 1922 (c. 35). Act you have selected contains over Supplementary provision about determinations under section 35 37.. 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. 19. ThePersonal Licence TrainingCourseteaches individuals about the law and legal responsibility of being a licence holder and is part of the process for obtaining a Personal Alcohol Licence. The "Challenge 25" Scheme suggests acceptance of Passports, Photographic Driver's Licences and PASS approved cards. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. 17. For further information see the Editorial Practice Guide and Glossary under Help. There are. 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. 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. Inspection of premises before grant of licence etc. 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. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act. 11. 12A. If youre organising a temporary event and want to serve or sell alcohol, provide late night refreshment, or put on regulated entertainment, youll need to complete a temporary event notice (TEN). held on public property in the City and County of Denver (i.e., in parks, streets, sidewalks, alleyways or plazas), AND are open to the public (e.g., publicly advertised, anyone can attend or buy a ticket, no These licences may be permanent, for a limited period, or for one-off. (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.
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