Licensing Act 2003
The Licensing Act 2003 is an Act passed by the Parliament of the United Kingdom. The Licensing Act 2003 creates a single incorporated system for licensing premises throughout England and Wales. These premises are used for “the sale or supply of alcohol, to provide controlled entertainment, or to provide late night refreshments”.
What is A Premises Licence?
The Premises license is a single licence that now gives the premises permission to carry out some or all of these licensable activities mentioned above.
Who grants me my Licence?
Responsibility for issuing and reviewing licences rests with licensing authorities such as local authorities, specifically London boroughs, Metropolitan boroughs, unitary authorities, and district councils.
Structure of Licensing Authority
Under the Licensing Act 2003, Licensing Authorities are created. Each Licensing Authority is required to establish a Licensing Committee to carry out the responsibilities under the act. A Licensing Authority must have a good working knowledge of the Licensing Act 2003 as interpreted by the courts, the relevant regulations, the statutory guidance and their own statements of licensing policy. It must also observe and follow the rules of natural justice; particularly in relation to hearings where it must act fairly, impartially and without any bias.
The Licensing Act 2003 creates a single incorporated system for licensing premises throughout England and Wales."
Licensing Committee/ Sub Committee Explained
What are the duties and responsibilities of a licensing Committee?
The duties and responsibilities of a Licensing Committee consist of the following:
– the prevention of crime and disorder
– public safety
– the prevention of public nuisance
– the protection of children from harm
What is a Licensing Sub Committee?
The Licensing Act 2003 defines the structured process
Section 6(1) of the Act states a Licensing Authority must establish a Licensing Committee consisting of at least 10 – 15 members.
Section 9(1) of the Act states a Licensing Committee may establish one of more Sub Committees consisting of 3 members of the Licensing Committee.
What is the purpose of a sub committee?
1. To consider and determine applications in respect of the following:
· the grant, renewal, variation or transfer of any general safety certificate in respect of a sports stadium or regulated stands
· street trading and markets
· film classification
· any other licensing responsibilities of the authority created by statute and delegated to the committee.
2. To consider and determine the revocation of Licences and registrations reserved to the licensing committee
Who sits on the Sub Committee?
The Licensing Sub Committee comprises all members of the Committee, other than those who have an interest or who is the ward member for the ward in which premises under consideration is located. The quorum is three. The Chair will be elected on the day by a simple majority vote.
Can I Appeal The Decision Of the Sub Committee Process?
When a decision has been made from the Sub Committee and if you feel you are still not happy with the decision of the Sub Committee you can then proceed with your case to the Magistrates court.
How we can help?
Our licensing barristers have experience in all stages of the licensing process and have a proven track in this area of law. We have an in depth knowledge of the Licensing Act 2003 and other related legislation. For further advice and any queries please do not hesitate to contact us.
Do you have a licensing legal issue?
Our Licensing Defence Barristers are here to help!
Get in touch with us for professional advice and assistance
So why choose Licensing Defence Barristers? Simply put, we are leaders in the field of licensing law and our results speak for themselves!
Our professional, results-focussed team of licensing barristers cover the full spectrum of licensing law including Personal licenses, Premises licences, construction of operating schedules, application for designates premises supervisors (DPS), dealing with representations from all relevant parties, advising on conditions, variation of premises licence, reviews of premises licence and transfer of premises licence, closure orders, club premises certificates, temporary event notices and all aspect of investigation and interview relating to potential prosecutions.
Our licensing barristers regularly advise and represent clients from pre-application stage, right through sub-committee and and if necessary, on appeal to any court.
Contact us if you need to discuss any issues relating to your registration.