Licensing Act 2003
The Licensing Act 2003 establishes a single integrated system for the licensing of premises and individuals involved in 'licensable activities'.
The licensable activities include:-
- The sale or supply of alcohol
- The supply of alcohol in club premises
- The provision of regulated entertainment; and
- The provision of late night refreshment. ( the sale of hot food or drink between the hours of 11pm and 5am any day of the week )
If you undertake / provide any licensable activity you may need one or more of the following authorisations under the Licensing Act 2003.
1. A premises licence - This is required for any premises where licensable activities take place.
2. A club premises certificate - These certificates authorise qualifying clubs to use club premises for qualifying club activities.
3. A temporary event notice - This may be used on a limited basis for temporary events involving licensable activities at premises that do not have a premises licence or to premises that wish to amend their permitted hours for licensable activities on a 'one off' basis.
4. A personal licence - This is required where an individual wants to supply, or allow the supply of alcohol at premises that already holds a premises licence.
The application of these licences / authorisations is administered by the Licensing Authority. The licensing authority for premises situated within the boundaries of the Hart District is Hart District Council.
Together with several other agencies (e.g. the police), licensing authorities are also responsible for enforcing the licences. They issue and may investigate any of the 'offences' established by the Licensing Act 2003. Notably, it is an offence to undertake any licensable activity without the requisite authorisation and/or fail to comply with the conditions attached to a licence.
It is the duty of all licensing authorities that, in carrying out these functions, they must promote certain licensing objectives, which are:
- Prevention of crime and disorder
- Public safety
- Prevention of public nuisance
- Protection of children from harm
By way of informing their approach, licensing authorities must have regard to guidance issued by the Secretary of State and prepare and publish a local statement of licensing policy.
These documents and licensing objectives are designed to assist licensing authorities, applicants, residents and businesses in interpreting / implementing the 2003 Act. They also serve to help inform of the local policies and arrangements that may be applied / considered in respect of licence applications and licence -related problems.
Significantly, a key feature of the Licensing Act 2003 is to allow local communities a voice in licensing decisions that may affect them. As well as ensuring that professionals such as the police, fire authorities, trading standards and environmental health officers are able to scrutinise licence applications and take action if problems occur, the Act allows the views of members of the public and other interested parties' to be taken into account.
Application forms, guidance and information on the terms and issues involved can be found in this section.
If you would like to contact us about the Licensing Act 2003:
Hart District Council
Telephone: 01252 774496