Licensing Act 2003

 

 

The Licensing Act 2003 covers the licensing and regulation of the retail sale of alcohol, supply of alcohol at members clubs, regulated entertainment and the provision of late night refreshment.  The Licensing Act came into force on the 24th of November 2005 and consolidated a number of different pieces of legislation into one act and brought the licensing of alcohol, entertainment and  late night refreshment within the remit of Local Authorities in England and Wales.


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Legislation in force in English Legislation  Welsh Legislation

  Read news relating to the Licensing Act 2003

LA2003 Tools_

Late Night Levy Reduction/Refund Calculator
Non-domestic Rateable Value Banding Calculator
Live Music Act Process Chart


Primary Legislation

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Secondary Legislation

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Amendments

 Police Reform and Social Responsibility Act 2011

  Entertainment Licensing Law Reform

 

Description: The provision of late night refreshment involves the supply of hot food or hot drink to members of the public between 11pm and 5am and is regulated under the Licensing Act 2003 (“the 2003 Act”). The Deregulation Act 2015 amended the 2003 Act to enable licensing authorities to exempt the provision of late night refreshment from licensing requirements in certain categories including certain prescribed premises types. These Regulations provide the list of descriptions of premises which a licensing authority may choose to designate as being exempt from requiring a licence to provide late night refreshment.


Description: 67.Sale of alcohol: community events etc and ancillary business sales, 68.Temporary event notices: increase in maximum number of events per year, 69.Personal licences: no requirement to renew, 70.Sale of liqueur confectionery to children under 16: abolition of offence, 71.Late night refreshment, 72.Removal of requirement to report loss or theft of licence etc to police.


Description: These Regulations amend the Licensing Act 2003 (Personal licences) Regulations 2005 (S.I. 2005/41) (“the 2005 Regulations”). The purpose of the amendments is to prescribe a simplified version of the applicatio n form for the renewal of a personal licence, remove the need to pay a fee to a ccompany the application and remove other current requirements.


Description: Amend the presribed form of Temporary Event Notices (TENs) so that the premises user must provide information about any intended use of the premises for the provision of 'relevant entertainment' within the meaning of Local Government (Miscellaneous Provisions) Act 1982 Schedule 3 paragraph 2A.


Description: These amend Regulation 34 of the Licensing Act 2003 (Hearings) Regulations 2005 ('2005 Regulations'), specifically in relation to Early Morning Restrictions Orders (EMROs).


Description: Amends schedule 1 of the Licensing Act 2003 by deregulating certain forms of entertainment. Comes into force on 6th April 2015


Description: Amends the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.


Description: This Order will extend the hours during which licensed premises can be used for the sale of alcohol and the provision of late night refreshment in relation to the participation of the England Football Team (“England”) in the FIFA orld Cup 2014 in Brazil (“the World Cup”).


Description: To introduce a further mandatory condition, applicable to all premises licences and club premises certificates, which will prohibit licensed premises from making a sale or supply of alcohol below the “permitted price”; this is defined as the aggregate of the duty chargeable in relation to the alcohol a nd the VAT chargeable in relation to that duty.


Description: Brings into effect deregulation of certain forms of entertainment. 1. Deregulates plays and dance for up to 500 strong audiences, between 08:00-23:00 (save for dancing covered under the Local Government (Miscellaneous Provisions) Act 1982), 2. Deregulates indoor sport for up to 1000 strong audiences, between 08:00-23:00, 3. Clarifies that, as now, Combined Fighting Sport (MMA etc) will continue be regulated.


Description: The amendments relate to the new ability of Licensing Authorities to introduce late night levies in their areas.


Description: Regulations for making an EMRO.


Description: Electronic Applications and Tacit Authorisations.


Description: s. 32 and Part 5 - Mandatory Licensing Conditions & s. 33 - Local Members as Interested Parties.


Description: 21. Power of police to require review of premises licence, 22. Provisions supplemental to s. 21, Persistently selling alcohol to children, 23. Offence of persistently selling alcohol to children, 24. Closure notices for persistently selling alcohol to children, Door supervision at licensed premises, 25. Mandatory premises licence condition: door supervision.


Description: Minor Variations and DPSs at Club Premises.


Description: Amendement to Interim Authority Notices Regulations.


Description: s. 55 Power to ban 24 alcohol licenses.


Description: Mandatory Licensing Conditions.


Description: Prescribes those persons who may apply for a premises licence, provisional statement or transfer of a premises licence. These changes resulted in persons who are involved in the running of independent hospitals in England and Wales each being subject to different regulatory regimes, and therefore each having a separate identity for the purpose of prescribing who can apply for a premises licence under section 16 of the 2003 Act.


Description: Prescribes amendments to LA2003 forms: premises licences, provisional statement, transfer of a premises licence, interim authority notice, temporary event notice.


Description: Part 2 Licensing chapter 1 Amendments of the Licensing Act 2003, chapter 2 Late night levy, chapter 3 Alcohol disorder zones.


Description: Any conditions imposed by the licensing authority that relate to any requirements or prohibitions that are or could be imposed by the Order automatically cease to have.


Description: De-regulate live music in pubs between the hours of 08:00 and 23:00 where the audience numbers no more than 200, exempt workplaces holding live music, de-regulate live unamplified music anywhere between the hours of 08:00 and 23:00 & remove Entertainment Facilities.


Description: The forms prescribed in Schedules 1 to 3 to these Regulations replace the forms prescribed respectively in Schedules 1 to 3 to the Licensing Act 2003 (Personal licences) Regulations 2005. These are respectively the forms of the application for the grant or renewal of a personal licence, and the form of declaration of disclosure of convictions which must accompany each of these applications.

Previously, each form contained reference to the Department for Culture, Media and Sport. This reference is redundant and has been deleted.


Description: These Regulations amend the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42) (“the 2005 Regulations) to give effect to certain amendments made to the Licensing Act 2003 (“the 2003 Act”) by the Police Reform and Social Responsibility Act 2011


Description: These Regulations revoke the Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2007 and prescribe the form of a closure notice given under section 169A of the Licensing Act 2003 (“the 2003 Act”) to give effect to certain amendments made to that Act by the Police Reform and Social Responsibility Act 2011.


Description: These Regulations amend the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (SI 2005/2918) (“the 2005 Regulations”) to give effect to certain amendments made to the Licensing Act 2003 (“the 2003 Act”) by the Police Reform and Social Responsibility Act 2011.


Description: Necessary amendments to various forms brought about as a result of the Live Music Act.

 

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Recent Case Law

More Case Law

Key Words: Licensing appeal, third party costs, residents costs


Key Words: construction of section 53A(1) of the 2003 Act, meaning of with serious crime, summary review proceedings.


Key Words: Appeal, an appeal pursuant to Schedule 5 has to be brought by way of a complaint by a legal person.


Key Words: interim steps can continue pending appeal & there is no limit to the number of challenges to the interim steps but there ought to be some change of circumstances between each challenge.


Key Words: Which licensing policy applies if a new policy is issued after the date when the application is made but before the date of the hearing by the Licensing Sub-Committee or the Magistrates’ Court on appeal.


Key Words: Statutory construction of sections 54A, B and C, revocation of the interim suspension only comes into effect after the decision has been disposed of in the Magistrates Court.


Key Words: Meaning of s.16 LA2003, shadow licences (not defined in either statute or regulations but is a convenient shorthand way of describing a licence which has been obtained by one party in respect of premises in relation to which a nother licence has already been granted to someone else.)


Key Words: Public nuisance, imposition of conditions


Key Words: Costs, acting in good faith, lack of adequate reasons


Key Words: Where a licensing authority had imposed restrictions on a premises licence for a nightclub without giving reasons and the magistrates' court had dismissed an appeal against that decision, an appeal by way of case stated was allowed and the matter was remitted to the licensing authority to give a reasoned decision.


Key Words: Objection to nominated DPS, relevant objections under section 18.


Key Words: Variation of a premises licence, to what extent can an application be varied from original application during consultation period


Key Words: Cumulative Impact Policies, applied to rigidly.


Key Words: noise, public nuisance, review of a premises licence, conditions


Key Words: noise, public nuisance, review of a premises licence, conditions


Key Words: Interim steps ordered on a summary review die when the final determination of the review is made.


  • R [on the application of Newham London Borough Council] (Claimant) v Stratford Magistrates' Court (Defendant) and Mehmet Saron (Interested Party) [2012] QBD (Admin) [Do you have this case?]

Key Words: acting in bad faith, unreasonably or improperly, local authority costs, conditions.


Key Words: DJ directed correctly that the default position when considering the award of costs against a LA following a licensing appeal was a costs order could be made if the LA had acted unreasonably.


More Case Law

 

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Other Documents

Guidance

 Police Reform and Social Responsibility Act 2011 Non-statutory Guidance

 

(Older versions -13.10.1404.06.14, 27.06.13 (Error note), 31.10.12, 25.04.12 & 13.10.10)

 

Other Guidance

Description: Health bodies (primary care trusts and local health boards) can now have a say in local decisions about alcohol licensing.

 

Description: Preliminary guidance from April 2012 for Licensing authorities as responsible authorities.

 

Description: Guidance explains the core principles and covers parts 1 to 4 of conditions.

 

Description: Preliminary guidance from April 2012 for suspension for non-payment of fees.

 



Forms

 

Other/Miscellaneous Documents

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Relevant Links

 The Home Office is the lead government department for alcohol and late night refreshment under the Licensing Act 2003.

 

 The DCMS is the lead government department responsible for entertainment under the Licensing Act 2003.

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  Latest Licensing Act 2003 News