Public licensing register

• Alcohol & entertainment
• Licensing Act 2003
• Pending premise applications

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Licensing public register

The Public Register is available at South Derbyshire District Council on request; we have recently made the first part of the public register, relating to premises applications, available on this website (please use the link below):

Licensing Public Register

The remainder of the public register is under development and will be included in the near future.  

The Licensing Act 2003 replaced previous licensing legislation controlling; public entertainments, late night refreshment houses, theatres and cinemas and introduced licensing of late night take -aways including mobiles.  The Act paved the way for the licensing of alcohol sales to be transferred from the Magistrates Curt to the local council and made provision for local authorities to act as the licensing authority within their boundaries.

Detailed information including the licensing regulations,application forms, fees etc is available on the Home Office website.

Under the legislation the Licensing Authority is required, after relevant consultation, to issue a Statement of Licensing Policy and you can view a copy of the Statement of Licensing Policy for South Derbyshire District Council on this website.  the policy must be reviewed regularly to ensure that it is updated and consistent with the licensing objectives.

The Act states that persons and /or premises that conduct certain activities will be required to obtain a licence form the council  The activities that are covered include:

• The sale of alcohol by retail

• The supply of alcohol to club members and their guests

• The provision of regulated entertainment:
  "Regulated entertainment" is defined as any of the following which take place in the presence of an audience for the entertainment of that audience and are provided for members of the public or a section of the public or exclusively for the members of a qualifying club and/or their guests or for  consideration and with a view to profit:

1. A performance of a play

2. An exhibition of a film

3. An indoor sporting event

4. Boxing or wrestling

5. Provision of facilities for making music or for dancing

6. A performance of dance

7. A performance of live music

8. Playing of recorded music

(There are certain exemptions from this definition which are set out in the Act)

Please note that performances by children are governed by The Children and Young Persons Acts 1933 and 1963 and the Children (Performances)Regulations 1968.

• The provision of late night refreshment
  Late night refreshment is defined under the Act as the supply of hot food or drink to the public or a section of the public on or from any premises whether for the consumption on or off the premises (mobile units included) between 11.00pm and 5.00am.  This requirement includes takeaways, restaurants and places like garages or service stations that sell hot food.

A Premises Licence authorises the holder of the licence to use their premises for any of the above-mentioned licensable activities.  Operating conditions may be attached to the premises licence, promoting the licensing objectives which are:

1. The prevention of crime and disorder
2. Public safety
3. The prevention of public nuisance
4. The protection of children from harm

Unless a limited duration is specified in the operating conditions, a premises licence will be valid indefinitely, unless revoked.  An annual fee is payable on the anniversary of the grant of each licence.

Other licences required under the new system include Club Premises Certificate - for the supply of alcohol by or on behalf of a club to its members for consumption on the premises or for the provision of regulated entertainment by the club for its members and guests.  A Temporary Event Notice - for the use of premises for one or more licensable activities for a period of up to 96 hours for up to 499 people.

A Personal Licence authorises individuals to sell or supply alcohol for consumption on or off premises for which a premises licence is in force.  A personal licence is valid for 10 years.

Other guidance

The guidance for completing new applications and variations can be found in the related documents section.

www.homeoffice.gov.uk - Licensing Act 2003
www.legislation.gov.uk  - Licensing Act 2003

Fees

For details of fees relating to all application forms, please see Fees and Charges documents at the foot of this page under Related Documents

Certain premises are exempt from paying a fee for the premises licence. These include church halls, village halls and schools and colleges (where the entertainment is provided for the school and for educational purposes).