16. 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. In paragraph 18 (fees), for proper officer substitute clerk. Forms can be obtained from your local council. The most fundamental of all the types of business licenses, a basic business license verifies that your desired worksite is zoned for your business type. 106.After section 33(2) of the Fire Safety and Safety of Norfolk and Suffolk Broads Act 1988 (c. 4). The Act consolidated a diverse system of licences that had been separately issued for late-night refreshment and regulated entertainment. It replaced the old Licensing Act of 1964. of licence holder, 50.Reinstatement of licence on transfer following death etc. Premises Licenses These are given to the venue itself with conditions to abide by. 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. This article will argue that reform under the MLA 2003 has also improved the moneylending licensing regime. There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. In the case of such applications reference should also be made to the Licensing Act 2003 (Transitional provisions) Order 2005 S.I. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 2A. If you apply for a minor variation and your application is rejected, you will not be able to appeal. 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. 200 provisions and might take some time to download. The Schedules you have selected contains over 200 provisions and might take some time to download. 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. The administration of the Licensing Act 2003, including receiving and determining all applications under the act, is carried out by licensing authorities based within local councils at district or unitary level. 284 0 obj <>stream The Licensing Act requires the supervisor - and all personal licence holders - to take responsibility for the sale and supply of alcohol. 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). Changes we have not yet applied to the text, can be found in the Changes to Legislation area. Section 182 of the Licensing Act 2003 provides that the Secretary of State must issue and, from time to time, may revise guidance to licensing authorities on the discharge of their functions. Meaning of methylated spirits (transitory provision). 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). 26. 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. The form of the personal licence is prescribed in regulation 5. 30.Advertisement of application for provisional statement, 31.Determination of application for provisional statement, 32.Restriction on representations following provisional statement, 33.Notification of change of name or address, 35.Determination of application under section 34, 36.Supplementary provision about determinations under section 35, 37.Application to vary licence to specify individual as premises supervisor, 38.Circumstances in which section 37 application given interim effect, 39.Determination of section 37 application, 40.Duty of applicant following determination under section 39, 41.Request to be removed as designated premises supervisor, 41A.Application for minor variation of premises licence, 41B.Determination of application under section 41A, 41C.Supplementary provision about determinations under section 41B, 41D.Variation of premises licence: supply of alcohol from community premises, 42.Application for transfer of premises licence, 43.Circumstances in which transfer application given interim effect, 45.Notification of determination under section 44, 46.Duty to notify designated premises supervisor of transfer, 47.Interim authority notice following death etc. 5. 2. of applications and notices under Part 6. This is the original version (as it was originally made). The one exception is a community premises that has successfully applied to waive the DPS requirement under section 41D of the act. 26. Anyone who does not hold a personal licence must be authorised to sell alcohol by a personal licence holder. Alternatively you can view the postal forms and other guidance specific to premises licences, including: You are not required to have a personal licence to be employed in a pub or other business that sells alcohol. 138.Keeping alcohol on premises for unauthorised sale etc. Licence fees are prescribed in regulations (the Licensing Act 2003 (Fees) Regulations 2005). of licence holder. (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. Licence review for live and recorded music, Right of freeholder etc. (1) Paragraph 1 (interpretation) is amended as follows. This Part has effect for the purposes of this Schedule. (1) A performance of a play means a performance of An exhibition of a film means any exhibition of moving (1) An indoor sporting event is a sporting event. You can apply to vary a DPS by following the online process in the premises licence section above. You can apply online if your council accepts electronic applications, please use our licence finder to find the appropriate forms. If you are in England and Wales you can apply for a temporary event notice online. 52. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. You can also call for an existing licence to be reviewed by the council if you have concerns relating to the licensing objectives. The Licensing Act 2003 (Mandatory Conditions) order 2014 banned the sale of alcohol below the 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). 59.Inspection of premises before grant of licence etc. 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). 9.(1)An application shall be given in writing. of premises licence or summary, Grant of premises licence: supply of alcohol from community premises, Death, incapacity, insolvency etc. Eligibility and guidance notes Download the. 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. Supplementary provision about determinations under section 35 37.. 27. New provisions for businesses buying alcohol from wholesalers come into force. 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. Look no further for the best new Security Officers! 177.Dancing in certain small premises, 177A.Licence review for live and recorded music, 178.Right of freeholder etc. Here are the top five things you need to know about The Licensing Act 2003. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. Access essential accompanying documents and information for this legislation item from this tab. 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. 7. 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. If you are applying for a personal licence, you must obtain an accredited qualification first. 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. 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. Personal Licenses These allow the holder to sell of authorise the sale of alcohol. (1) Paragraph 8 of Schedule 2 to the Private Security Criminal Justice and Police Act 2001 (c. 16). Advertisement of application for provisional statement, Determination of application for provisional statement, Restriction on representations following provisional statement, Notification of change of name or address, Determination of application under section 34, Supplementary provision about determinations under section 35, Application to vary licence to specify individual as premises supervisor, Circumstances in which section 37 application given interim effect, Duty of applicant following determination under section 39, Request to be removed as designated premises supervisor, Application for minor variation of premises licence, Determination of application under section 41A, Supplementary provision about determinations under section 41B, Variation of premises licence: supply of alcohol from community premises, Application for transfer of premises licence, Circumstances in which transfer application given interim effect, Notification of determination under section 44, Duty to notify designated premises supervisor of transfer, Interim authority notice following death etc. 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. A personal licence shall be in the form of a physical document in two separate parts and shall contain, (a)in the first part, the matters referred to in section 125(2) of the Act, a photograph of the holder, a number allocated by the licensing authority that is unique to the licence, an identifier for the licensing authority granting the licence and the date of the expiry of the licence and this part shall be produced in durable form and shall be of a size no larger than 70 millimetres by 100 millimetres, and. Examples of Licensing. 65. 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. 85. 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. These Regulations may be cited as the Licensing Act 2003 (Personal licences) Regulations 2005 and shall come into force on 7th February 2005. (1) Schedule 9 (permits in respect of amusement machine premises) City of London (Various Powers) Act 1968 (c. xxxvii). 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. The Whole %PDF-1.7 % News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. %%EOF (b) The person is exempted from the act under section 25. The Whole Act you have selected contains over 200 provisions and might take some time to download. The Gaming Act 1968 is amended as follows. 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. These are: The prevention of crime and disorder Public safety Members clubs can operate under club premises certificates instead of premises licences. 13. What are the 4 main licensing objectives? Relying on this guidance Police served S.19 Closure Notices on each of the 5 occasions seeking immediately closure of the premises to close on pain of arrest of DPS. 4. 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. Information about the Alcohol Wholesalers Registration Scheme added. Universities (Wine Licences) Act 1743 (c. 40). Alternatively you can download the postal form and guidance for minor variations to a premises licence or club certificate. 18. 8C. of applications and notices under Part 4, 92A.Suspension of club premises certificate for failing to pay annual fee. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 250 0 obj <> endobj This date is our basedate. 3. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. after you book, Over 90% of our customers pass the exam in the first 6.For the purposes of this Schedule (a) the supply of Matters to be entered in licensing register. Notification of determination and issue of new licence. 2A.An offence under the Public Health (Minimum Price for Alcohol) 3.An offence under the Firearms Act 1968 (c. 27). 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. Updated information on accreditation for personal licences. of licence holder. What types of licence are available? 36.In section 22 (application to old buildings of provisions for 37.In section 5 of the Finance Act 1967 (no requirement 38.The Criminal Appeal Act 1968 is amended as follows. In section 9 (interpretation) (a) omit subsection (5), and. Dont worry we wont send you spam or share your email address with anyone. 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. 15. 19. The Local Government Act 1972 is amended as follows. "License." The term includes both a standard license and a reciprocal license. 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 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. apply. 1.Licensable activities and qualifying club activities, 2.Authorisation for licensable activities and qualifying club activities, 4.General duties of licensing authorities. Other legal restrictions for clubs operating under a club premises certificate are in the Licensing Act 2003. Inspection of premises before grant of certificate etc. . Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 9. 13. Download the full list of accredited personal licence qualification providers. Religious services, places of worship etc. Once you have passed thePersonal Licence Course, you will then be able to apply for a Personal Licence. 2. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. For the purpose of a TEN, a temporary event is a relatively small-scale event attracting fewer than 500 people and lasting no more than 168 hours. Alternatively you can view the postal forms and other guidance specific to club premises certificates. 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. Betting, Gaming and Lotteries Act 1963 (c. 2). You can make representations or comments to the council about applications for new licences, variations or reviews. Licensing framework has been an integral part of India's telecommunication law. Licensing Act 2003 is up to date with all changes known to be in force on or before 01 May 2023. In section 21(1) (licensing of public exhibitions, etc.). of temporary event notice or statement of conditions, 113.Meaning of relevant offence, immigration offence, foreign offence and immigration penalty, 115.Period of validity of personal licence, 117.Application for grant of personal licence, 118.Individual permitted to hold only one personal licence, 120.Determination of application for grant, 121.Determination of application for renewal, 123.Duty to notify licensing authority of convictions etc during application period. However, in the telecom sector, the government had complete monopoly until the early 1990s. No versions before this date are available. 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. The use of wording such as "must", "shall" and "will" is encouraged. (This note is not part of the Regulations). 66.In paragraph 18 (fees), for proper officer substitute clerk. 5. Alternatively you can download the postal form and guidance for a temporary event notice. In addition the Regulations prescribe those persons to whom a licence may be granted who do not possess a licensing qualification (regulation 4). Application for conversion of existing club certificate. 19.In section 6(1)(b) of the London County Council (General Powers) National Parks and Access to the Countryside Act 1949 (c. 97). (c) The person is licensed as a class I licensee under the consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072. It may include: You can read information on whether you need approval to put on certain types of regulated entertainment. 6. 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. of certificate or summary, 80.Period of validity of club premises certificate, 81.Surrender of club premises certificate, 82.Notification of change of name or alteration of rules of club, 83.Change of relevant registered address of club, 84.Application to vary club premises certificate, 85.Determination of application under section 84, 86.Supplementary provision about applications under section 84, Variation of certificates: minor variations, 86A.Application for minor variation of club premises certificate, 86B.Determination of application under section 86A, 86C.Supplementary provision about determinations under section 86B, 87.Application for review of club premises certificate, 88.Determination of application for review, 91.Form etc.
3 types of licence issued under the licensing act 2003