FAQ - Licensing Authorities  

• Who are the licensing authorities and what is the extent of their jurisdiction?
• What are the general duties of licensing authorities?
• What is the statement of licensing policy?
• How will records be kept of licences issued by the licensing authority?
• How can I inspect the register of licences?
• Can I get a copy of the register/extracts of the register?
• Will there be a central licensing database?
• How many members will there be on a licensing committee? Can licensing authorities form sub-committees?
• Do members of the licensing committee have to declare any interests they may have with the premises that are applying for licences?
• Is the licensing authorities power too limited?
• Won't licensing authorities attach reams of unreasonable conditions to premises licences?

Who are the licensing authorities and what is the extent of their jurisdiction?

The main licensing authorities, as defined in the Act, are:

• the council of a district in England;
• the council of a county in England in which there are no district councils;
• the council of a county or county borough in Wales; or
• the council of a London borough.

The Act also specifies that the Sub-Treasurer of the Inner Temple and Under-Treasurer of the Middle Temples, the Common Council of the City of London and with the Council of the Isles of Scilly will be licensing authorities for their respective jurisdictions.

Licensing authorities can issue premises licences, club premises certificates, temporary event notices in their area, as well as personal licences for residents and renewals of personal licences for those who had previously applied for a personal licence while resident in the licensing authority's area.

What are the general duties of licensing authorities?

It is a duty of all licensing authorities to carry out their functions under the Act with a view to promoting the four licensing objectives, which are:

• the prevention of crime and disorder;
• public safety;
• the prevention of public nuisance; and
• the protection of children from harm.

The four licensing objectives ensure that the carrying on of licensable activities are done in the public interest.

In discharging their functions under the Act, the licensing authority must also have regard to its licensing policy which sets out how it intends to exercise its functions. The licensing policy statement is drafted every three years by each licensing authority following consultation.

Section 182 of the Act provides that Guidance to Licensing Authorities and Police must be issued by the Secretary of State. The Secretary of State issued the Guidance on 7 July 2004. Each licensing authority must have regard to the Guidance.

What is the statement of licensing policy?

Every three years a licensing authority must determine its licensing policy and publish a statement of that policy (known as a licensing statement) prior to the beginning of the period. Before determining their policy, local authorities must consult the following:

• the chief officer of police for the licensing authority's area;
• the fire authority for that area;
• representatives of holders of premises licences issued by that authority;
• representatives of holders of club premises certificates issued by that authority;
• representatives of holders of personal licences issued by that authority; and
• representatives of businesses and residents in its area.

The policy must be kept under review during the three year period with any revisions (following consultation with the parties listed above) published, either as a statement of the revisions, or as a revised licensing statement.

How will records be kept of licences issued by the licensing authority?

All licensing authorities must keep a register containing a record of personal licences, premises licences and club premises certificate issued and temporary events notices received by them. The form of such records will be set in secondary legislation.

How can I inspect the register of licences?

You can inspect the register of licences during office hours at the office of the licensing authority without charge.

Can I get a copy of the register/extracts of the register?

Extracts from the register must be supplied to anyone wishing to receive them on demand. A fee will be payable for such requests.

Will there be a central licensing database?

The Act provides for the creation of one or more central registers of information held by each of the licensing authorities to enable the ready check of the registered matters. The Government is committed to the setting up of a system, however, given the complexity of the project, is unlikely to be ready before full implementation of the Act.

In the meantime, the Act has been prepared in a manner that will allow a simple system, based on effective communication between licensing authorities, to be up and running until technology is in place.

How many members will there be on a licensing committee? Can licensing authorities form sub-committees?

Each licensing authority (with the exception of the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple) must have a licensing committee of between 10-15 members. They can form one or more licensing sub-committees of at least three members.

The licensing committee may delegate its functions to a sub-committee or, for some functions, to an officer of the licensing authorities.

Do members of the licensing committee have to declare any interests they may have with the premises that are applying for licences?

There are existing measures and mechanisms in place in other legislation in respect of the way in which local authorities discharge their functions which ensure that where it is improper for an individual to be involved in a licensing decision, then self-disqualification would take place.

Is the licensing authorities power too limited?

The Act provides for applications to be considered by licensing authorities where representations are received from interested parties (local residents and businesses) or responsible authorities (such as the police, fire, health and safety and environmental health officers). Local authorities will have the power, for example, to refuse to grant the licence, exclude from the scope of the licences licensable activities such as entertainment comprising live bands, or modify the conditions of the licence, by, for example, restricting opening hours. These steps can be taken if it is considered necessary to promote the licensing objectives of the Act.

Where no representations are made it is only right that a licence application should be dealt with as quickly and as simply as possible as an administrative procedure.

Won't licensing authorities attach reams of unreasonable conditions to premises licences?

Under the new system provided by the Act, an applicant for a premises licence will submit an operating schedule setting out certain details about the activities to be carried out. If no relevant representations are made by either responsible authorities (e.g. the police, the fire authority) or interested parties (such as local residents) then the licensing authority must grant the licence application subject only to conditions which are consistent with the operating schedule and to mandatory conditions. In cases where relevant representations are made, the Act makes it clear that licensing authorities may only attach conditions to a licence that are mandatory and consistent with the operating schedule, modified to the extent the authority considers necessary for the promotion of one or more of the licensing objectives.