Licensing Act 2003
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What is the Licensing Act 2003?
The Licensing Act 2003 has modernised licensing legislation to provide greater freedom for the leisure and hospitality industry and their users.
This freedom has been balanced by giving more responsibility to the industry and providing tougher powers for local authorities, police and the Courts.
The new law is designed to meet the Government's four licensing objectives:-
- The Prevention of Crime and Disorder
- Public Safety
- The Prevention of Public Nuisance
- The Protection of Children from Harm
All decisions about licences will be based on these four objectives.
The new laws came into full effect in November 2005. The Department for Culture, Media and Sport has a timetable showing how the rules have come into effect.
What Will It Mean For You?
The changes will affect everyone. The most noticeable will be the ending of the permitted operating hours. Instead of a fixed closing time, bars, clubs and other premises will be allowed to open during the hours they choose, subject to representations from others. Rules about the selling of alcohol to under 18's are being tightened up and simplified, and children's access to licensed premises will change.
Who Needs a Licence?
Anyone who wants to carry out a licensable activity, that is to say:
- Sell or supply alcohol; or
- Providing entertainment or entertainment facilities; or
- Provide hot foot or drink after 11.00pm
To do any of these activities you will need a premises licence. If one of these activities is the sale or supply of alcohol, then you also need at least one personal licence holder except in the case of qualifying clubs.
Who Will Be Affected?
The Act will supersede six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment houses and night cafes) and will bring late night takeaways into licensing for the first time.
The new laws will affect anyone concerned with:
- Pubs and night clubs
- Indoor sporting events
- Off licences
- Restaurants that serve alcohol
- Businesses offering hot foods or drinks between 11.00pm and 5.00am (for example takeaways and local shops selling hot pies)
- Hotels and guest houses and other places that serve alcohol
- Private members' clubs and social clubs
- Theatres and amateur dramatic groups
- Cinemas
- Organisers of occasional entertainment
All the above licences will in future be dealt with by the Council. Find out more about the new licences.
What is North East Derbyshire's Licensing Policy?
The Council has drawn up a statement of licensing policy setting out the basis on which decisions under the Act will be made. The policy strives to achieve a local balance between the commercial interests of the licensed trade and the communities they serve and affect - a balance between freedom and responsibility.
Where Can I Find Out More?
The Department of Culture, Media and Sport has issued Guidance under Section 182 of the Licensing Act 2003. You can also read the full Licensing Act 2003.
You may also find it useful to check out our frequently asked questions or download a copy of one of our regular Licensing Act Newsletters.
A full list of guidance documents covering the rules and procedures that should be followed when applying for the various types of licences is available here.
*There is an update on The Licensing Policy 2008 (page 14 List of Consultees). This new page can be downloaded separately at the bottom of the page entitled List of Responsible Authorities.
How Can I Contact You?
We would like to work closely with licensees and anyone else affected by the Act. We want to make sure that the transition to the new system is as easy as possible.
For further information please contact us (details at bottom of page).
Downloads
Review Guidance for Interested Parties (1.40 KB)
Application for Premises Licence or Club Premises Notice (14.4 KB)
Rules and regulations regarding the showing of films outside of cinemas (17.7 KB)
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