FAQ - Licensing Act 2003  

• What will the Act Deliver?
• What are the activities covered by the Licensing Act?
• Do I need a licence?
• When does the Act come into force?
• Does the Act mean 24 hour opening for licensed premises?
• Won't longer opening hours for pubs and clubs lead to more disorder and disturbance to people who live nearby?
• Won't the Act kill live traditional music in small venues?

What will the Act Deliver?

The main benefits of the Act are:

It is a key part of the Government's strategy for combating alcohol-related crime and disorder and anti-social behaviour. It will help to reduce the problems of disorder and disturbance associated with fixed universal closing times;

The hospitality and leisure industry is a major part of the tourism sector and the Act will contribute towards a significant boost for tourism. It represents a radical modernisation of an archaic licensing system which has made our cities and towns less attractive to visitors and hinders efforts to compete with European cities;

It forms part of the Government's regulatory reform agenda and should save industry £1.97 billion in the first ten years of operation;

It provides much greater scope for the further development of our rich culture of live music, dancing and theatre, both in rural areas and in our towns and cities. Local Authorities will be able to recognise and supplement their role in promoting these cultural benefits through their direct involvement in the new regime;

It creates a licensing system that affords a voice to local residents living and businesses operating near premises where licensable activities are carried on. top

What are the activities covered by the Licensing Act?

The Act lists four licensable activities, which are to be regulated by the provisions of the Act. These, in brief, are:

• The sale by retail of alcohol;
• The supply of alcohol by clubs;
• The provision of regulated entertainment;
• The provision of late night refreshment.

More information on the licensable activities can be found on the relevant pages listed.

Do I need a licence?

Licensable activities may only be carried on under, and in accordance with, a premises licence, temporary event notice or club premises certificate. If you intend to carry on any of the licensable activities and unless your activity is covered by one of the exemptions in the Act, you will need one of these three authorisations.

It is an offence to carry on any licensable activity without such an authorisation.

When does the Act come into force?

For information on when the Act comes into force, please see the page Timetable for Reform.

Does the Act mean 24 hour opening for licensed premises?

Not necessarily. We are not promoting 24 hour drinking. The Act will lead to flexible, rather than uniform, closing times and allow for the possibility of premises to remain open for up to 24 hours. The actual hours of operation will vary from venue to venue depending on the operator's wishes and the consideration of the views of people affected, for example, local residents and businesses. Alongside their application for a premises licence, applicants will be required to submit an operating schedule to the licensing authority, which will include the proposed hours of operation. If no relevant representations are made in relation to the application, the licensing authority must grant the application.

In practice this will mean that, unless relevant representations are made, the operating hours included in the licence will be those requested by the applicant. If, on the other hand, relevant representations are made, the licensing authority has discretion on the matter. In determining what opening hours to include in the premises licence, the licensing authority will take into account the relevant representations and will reach its decision on what is necessary with a view to promoting the licensing objectives.

Recent surveys indicate that fewer than 2% of licensed premises are likely to seek 24 hour opening. But many will want to open later than they do at present, particularly at popular times like weekends.

Won't longer opening hours for pubs and clubs lead to more disorder and disturbance to people who live nearby?

In the context of premises selling alcohol, research shows that crime and disorder is worst at 'chucking out time' when, following a race to drink in excess just prior to last orders, everyone is forced out of pubs and clubs at the same time. This produces conflict and heavy pressure on police resources to keep control. The Government believes that flexible opening hours would mean a more dispersed departure of drinkers during the night, thereby reducing this problem and making life more manageable for the police and local residents. The Act will also give local communities a voice in licensing applications and will provide a more effective range of remedies which can be taken against badly run premises.

Won't the Act kill live traditional music in small venues?

Not at all. The current law has hindered the development of live music because a public entertainment licence in some local authority areas can be very expensive. The new system will remove that current disincentive. For example, a small pub that wants to put on live music can obtain at the same time a single premises licence permitting the sale of alcohol and the provision of live music for the same cost as a licence solely permitting the sale of alcohol. We therefore expect to see more venues taking advantage of these changes.