Why do I need a Premises Licence?
A Premises Licence is required where the following “licensable” activities are to be offered:
– retail sale of alcohol
– regulated entertainment
– late night refreshment
– supply of alcohol in clubs (this activity involves the grant of a Club Premises Certificate)
The sale of alcohol by retail is any sale of alcohol made to a customer or member of the public such as in a pub, restaurant or supermarket. The sale of alcohol by a brewery to a publican would therefore not be a sale by retail.
Regulated entertainment involves any entertainment to the public or a section of a the public whether or not a charge is made and includes music, dancing, plays, indoor sporting events and many others.
Late night refreshment is the sale of hot food or hot drink whether for consumption on or off the premises between the hours of 11 pm and 5 am. Examples would include a Chinese Restaurant selling meals after 11 pm as well as a burger van selling burgers after 11 pm on designated pitch.
The supply of alcohol in clubs is covered by a Club Premises Certificate rather than a Premises Licence. There is no actual sale of alcohol as the members of the club “own” the alcohol. The club in question must not operate for profit and there are qualifying criteria which must be followed.
When considering an Application for a Premises Licence four main principles known as the licensing objectives must be considered:
– prevention of crime and disorder
– promotion of public safety
– prevention of public nuisance
– protection of children from harm
The prevention of crime and disorder involves such matters as staff training, the implementation of closed circuit television (CCTV), door supervisors etc.
The promotion of public safety also involves the use of CCTV, evacuation procedures, lighting, fire exits etc.
The prevention of public nuisance could involve the use of noise limiters whether by the Manager or a dedicated noise limiter machine or the use of air conditioning to prevent nuisance smells.
Finally, the protection of children from harm could involve ensuring that all staff are trained in under age sale prevention, the correct use of ID checking and consideration to be given as to whether or not children will be allowed on the premises.
Applications for Premises Licence can be protracted so legal assistance should always be considered.