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Licence - Alcohol & Entertainment

 Licensing Act 2003

The Licensing Act 2003 came into effect on 24th November 2005, moving the responsibility for licensed premises from the Magistrates' Courts to Local Authorities.

The Licensing Act 2003 requires that the Council publish a ‘Statement of Licensing Policy’ that sets out the policies the Council will generally apply to promote the 4 licensing objectives when making a decision on an application made in accordance with the Act.

The 4 licensing objectives are:-

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

The Council's Licensing Policy has been prepared in accordance with the provisions of the Act and the guidance issued under section 182 of the Act.

The activities which require licensing under the Act are:-

• retail sale of alcohol including via the internet and mail order
• wholesale of alcohol to the public
• supply of alcohol to members of registered clubs
• supply of hot food/drink between 11.00 pm and 5.00 am
• provision of regulated entertainment, such as:-

• plays
• films
• indoor sporting events
• boxing or wrestling
• live music
• recorded music
• dancing
• anything similar to music and dancing.

The types of premises which may require licensing are:-

• public houses and nightclubs· 
• off-licences· 
• corner shops and supermarkets 
• restaurants  
• hotels and guesthouses  
• takeaways 
• cinemas & theatres· 
• private members clubs and registered clubs· 
• community centres, church halls, school halls, public open spaces

The types of licences available under the Licensing Act 2003 are:·

• premises licences· 
• club premises certificates· 
• personal licences· 
• Temporary Events Notices (TENs)

Premises Licences & Club Premises Certificates

A Premises Licence or Club Premises Certificate is required for any premises that holds one or more of the licensable activities above. 

A licence or certificate is normally granted indefinitely but can be granted for a fixed term.  They are subject to review at any time.

Any premises where alcohol is sold or supplied under a premises licence must have a nominated designated premises supervisor.  They will be named on the original application form and must complete a consent form.  They are responsible for the authorisation of alcohol sales at the premises.  A DPS must hold a personal licence.

To qualify for a club premises certificate, you must be able to demonstrate that the club meets with certain criteria to enable it to be registered as a club.  For further advice, please contact the licensing team or your legal representative.

When applying for a premises licence or club premises certificate, applicants must submit:-

• the appropriate application form
• a plan of the premises· 
• the relevant fee 
• a form of consent completed by the DPS if the application involves the supply of alcohol (premises licence only)
• a Declaration for a Club Premises Certificate to be Granted (club premises only)

The applicant must send copies of the application to all the Responsible Authorities, i.e. Gwent Police, South Wales Fire and Rescue Service, Planning, Social Services, Environmental Health and Trading Standards.  In addition, they must advertise the application by placing a blue notice in the window of their premises and an advert in the local newspaper.

There will be a 28 day consultation period during which ‘interested parties’ (such as local residents and businesses) and ‘responsible authorities’ can make representations.  If relevant representations are received, the Council’s Licensing Sub Committee will hold a hearing to determine the application.  If no relevant representations are received, the licence or certificate will automatically be granted and issued.

Personal Licences

A personal licence allows an individual to sell or supply or authorise the sale or supply of alcohol where a premises licence is in force.  The licence allows the holder to move from one premises to another without the need to apply for a new licence each time.  Personal licence applications must be made to the Local Authority in which the applicant lives.  A licence is valid for 10 years and is renewable with the authority that granted the original licence. 

To apply for a personal licence, you must:· 

• be over 18 years of age 
• not have been convicted of any relevant offences as set out in the Act 
• possess an accredited or approved licensing qualification 
• submit the relevant application form
• submit a disclosure of convictions and declaration
• pay the required fee of £37.00
• submit 2 colour passport size photographs endorsed as a true likeness

Temporary Event Notice (TEN)

A TEN is required for occasional events that have no more than 499 persons attending the event and last a maximum of 96 hours.

A TEN can be used for the following Licensable Activities:· 

• the sale of alcohol by retail· 
• the supply of alcohol by or on behalf of a club or to the order of a member of a club· 
• the provision of regulated entertainment· 
• the provision of late night refreshment

A TEN must be served on the Licensing Authority, together with the relevant fee, and a copy served on Gwent Police a minimum of ten working days prior to the day of the event.

Up to 12 TENs can be held at one premises in a calendar year to a maximum of 15 days.

A personal licence holder may apply for up to 50 TENs a year.  A person who does not hold a personal licence is able to hold a maximum of 5 events per calendar year.

Licensing Forum and 'Licensing News' Newsletter

Guidance under the Licensing Act 2003 states that it is good practice for licensing authorities to set up liaison groups with licence holders and interested parties to discuss pertinent licensing issues.  As such, Blaenau Gwent has decided to set up a licensing forum and, in addition, produce a newsletter in conjunction with the Council's Community Safety partnership. 

The first meeting of the forum will be held in September 2008 and details of the date, time and venue will be publicised in due course.  The meetings will initially be held on a bi-annual basis but ad hoc meetings will be called as and when necessary.  The first meeting will be to determine membership and to briefly discuss the types of issues to be raised and how this will be facilitated.  As the forum develops, it should provide a means to work together in delivering the key licensing objectives under the act and we would welcome a diverse representation of the interested parties.

The newsletter will also be published on a bi-annual basis, following the forum meeting.  It will include items relevant to the licensed trade submitted by the licensing team, trading standards, environmental health, the Police etc.  We would also encourage the trade to submit articles of interest by writing to the Licensing Team with their ideas.

The first edition of 'Licensing News' can be found in the 'Related documents' section below.