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Licensing Act 2003

The Licensing Act 2003 provides a framework for controlling alcohol, certain forms of entertainment, and late night refreshment.

Overview

On 24th November 2005 (the 2nd appointed day) the Licensing Act 2003 (the "Act") became effective in England and Wales.

The Act replaced all existing licences and permissions relating to:

  1. The sale of alcohol
  2. The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
  3. Regulated entertainment (incl. film, plays, music, singing and dancing)
  4. Late night refreshment (the provision of hot food and drink between 23:00 at 05:00)

and moved all responsibility for administering the Act to Local Council "Licensing Authorities". Please note that performances by children are still governed by The Children and Young Persons Acts 1933 and 1963 and the Children (Performances)Regulations 1968.

The Act created:

  • Premises licences
  • Club Premise certificates
  • Personal licences
  • Temporary Event Notices

and underpinned the new regime with four licensing objectives that all licence holders must uphold:

  • The Prevention of Crime and Disorder
  • Public Safety
  • The Prevention of Public Nuisance
  • The Protection of Children from Harm

In order to protect local members of the public from licence holders who fail to uphold these objectives the Act also contains a system whereby a licence may be reviewed. More information on this system can be found by clicking on Reviews from the menu to the left of this page.

The Act also placed a responsibility on the Licensing Authority to maintain a public register. Currently the only register available online is the one relating to Premises licence's. By clicking on the following link Licensing Public Register you will be directed to the search screen. If you require any further information that the Licensing Authority has a duty to maintain, please contact the licensing section using the contact details at the bottom of this page in the first instance.

Types of Permission

Premises licence

A Premises licence as it suggests covers a premises at which licensable activities (anything falling within the definition of items 1 to 4 above) take place. Premises licences remain in force in perpetuity, subject to the payment of an annual fee, unless they are surrendered, revoked, or legally lapse. More information on Premises licences can be found by clicking on Premises licence from the menu to the left of this page.

Club Premises certificate

A Club Premises certificate is similar to a Premises licence in that it cover premises at which licensable activities take place. However, the licensable activities at a premise operating with a Club Premises certificate are referred to as being  "qualifying club activities"; the enjoyment of which are restricted to members and their bonafide guests. More information on Club Premise certificates can be found by clicking on Club Premises certificates from the menu to the left of this page.

Personal licence

A Personal licence covers individuals to authorise the sale by retail of alcohol under the authority of a Premises licence. It is not essential that everyone holds a Personal licence on a licensed premises, but at least one Personal licence holder will be required to stand as a "designated premises supervisor", unless the premises falls within the definition of a community building when it is possible to apply to opt out of this requirement. More information on Personal licences can be found by clicking on Personal licence from the menu to the left of this page. Also, more information on the role of a designated premises supervisor can be found by clicking on the Premises licence link from the menu to the left of this page.

Temporary Event Notice

A Temporary Event Notice (TEN) permits an individual to apply to hold licensable activities at any premises where the attendance at such events will be less than 500 people without the need to go through the full Premises licence application route. There are strict restrictions or limitations on the number of TEN's permitted per calendar year. More information on TEN's can be found by clicking on Temporary Event Notice from the menu to the left of this page.

Contact details

Licensing Section
South Derbyshire District Council
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Tel: (01283) 595724
Fax: (01283) 595855
email: licensing@south-derbys.gov.uk

Page ref: LGCL 393

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