- Q?Do I need a Premises Licence?
If you are setting up a new business, or developing a business in such a way that you are providing any or all of the licensable activities listed in the Act, you will need a Premises Licence.
- Q?What are the Licensable Activities? (all of equal importance)
The sale of alcohol by retail
The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
The provision of regulated entertainment
The provision of late night refreshment
- Q?What is regulated entertainment?
Regulated entertainment can be one or more of the following;
A performance of a play
An indoor sporting event
A performance of live music
A performance of dance
The showing of a film
A boxing or wrestling match
Any playing of recorded music
Anything of a similar description, for example, karaoke, compered events
If any of the above are carried out at your premises on a regular basis, you are likely to need a Premises Licence.
- Q?I don’t carry out any of the activities on a regular basis, but I am thinking of holding an event which would involve some of these activities. Do I need a Premises Licence?
If you are not carrying out any of the licensable activities on a regular basis, it may be more appropriate for you to make a Temporary Event Notice (or TEN) rather than for a Premises Licence. A TEN will allow you to carry on licensable activities for a set period of time.
- Q?What is a Personal Licence and do I need one?
A Personal Licence authorises an individual to sell or supply alcohol or authorise the sale in accordance with a Premises Licence (ie, pubs, supermarkets, restaurants, hotels etc)
If you are licensed to supply alcohol you must also specify someone who will be responsible for the day-to-day running of the premises, known as a Designated Premises Supervisor (or DPS) who must also hold a Personal Licence.
- Q?Does everyone in my establishment who sells alcohol by retail need a Personal Licence?
All supplies of alcohol under the Licensing Act 2003 made under a Premises Licence have to be made under the authority of a Personal Licence holder. This means that there is no requirement that everyone at the premises should hold a Personal Licence. However, it is advisable to have more than one Personal Licence holder at the premises, in the event that someone leaves employment or has their Licence revoked by the Licensing Authority.
- Q?What happens if I don’t comply with the Licensing Act 2003?
If you carry on a licensable activity, or knowingly allow a licensable activity to be carried on, without an appropriate Premises Licence or Temporary Event Notice you will commit an offence. In some circumstances a defence can be relied upon, and may prevent you from being convicted of the offence. If you are convicted, you face a fine of up to £20,000 or up to 6 months imprisonment, or both.
If you are unsure as to your compliance with the Act, whether relating to a Premises Licence or a Personal Licence, or if you are being prosecuted under the Act and need defending, or wish to appeal a decision of a Local Authority, contact us on 07891 526110 or by email – firstname.lastname@example.org