The Licensing Act 2003

The Act came into force on 24th November 2005, replacing antiquated rules which previously governed licensing of alcohol, cinemas, theatres, public entertainment, late night refreshment houses and night cafés. Under the new regime, the following ‘licensable activities’ will require a licence:
• The retail sale of alcohol
• The supply of alcohol by clubs
• The provision of late night refreshment
• The provision of ‘regulated entertainment’

‘Regulated entertainment’ includes indoor sporting events, the performance of live music, the playing of recorded music, and the performance of plays.

These ‘licensable activities’ may only be carried on if there is in place a relevant and current Premises Licence, Temporary Event Notice or Club Premises Certificate.

Premises Licences
A Premises Licence will be required if any ‘licensable activities’ are to take place. Once granted, it will last for the life of the business to which it relates, though the local authority (now the local licensing body) has power to revoke such a licence in certain circumstances.

The Designated Premises Supervisor (‘DPS’)
Licensed remises must have a DPS if alcohol is to be sold. The DPS will be named on the premises licence and will be responsible for the sale of alcohol. A DPS must be a personal licence holder.

Personal Licences
Anyone supervising the sale of alcohol in licensed premises requires a Personal Licence. An applicant must be over 18, must not have any ‘relevant’ criminal convictions and must hold an approved licensing qualification. Once in place, a Personal Licence lasts for ten years and allows the holder to move between licensed premises.

Club Premises Certificates
Registered club premises require a Club Premises Certificate in order to supply alcohol to members.

Temporary Events Notices
Smaller, one-off events’ (those lasting less than ninety-six hours and with no more than 499 people present at any one time) will not need a Premises Licence, but the organiser must ensure that a Temporary Events Notice is in place.

Conclusion
The Act has simplified the law relating to licensing - the ‘personal licence passport’ system (allowing operators to move between licensed premises), will particularly benefit Personal Licence holders.

Those members of the public and organisations concerned by the threat of twenty-four hour drinking should take heart in the fact that operators causing a nuisance may have their licences revoked. It is the threat of such action which should lead to sensible self-policing arrangements.