Alcohol Licensing

The Licensing Act 2003

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The overall aim of the Act is to modernise the legislation governing the sale and supply of alcohol and public entertainment licensing. The Act will do this by transferring liquor licensing powers from the Magistrates Courts to local Authorities, via the creation of ‘Licensing Authorities’.

Who does it effect?

Any person who:

1. Sells alcohol
2. Provides (Regulated) entertainment
3. Provides late night refreshments
4. Licensing Applications

During a specified ‘transition period’ which started on 6th February and ends on 6th August 2005, all existing licences for premises providing alcohol and/or public entertainment will need to be converted into a premises licence. Those existing licence holders who wish to vary their existing licence terms (e.g. extend their hours of operation), will need to apply for both a ‘conversion’ of their existing licence, as well as a ‘variation’ to their licence.

Responsible Authorities

A number of specified ‘responsible authorities’ are required to be notified of all licence variations and new applications. These responsible authorities include the police, environmental health service, child protection service, fire and rescue and trading standards.

Each responsible authority will be able to make representations regarding licence variations and new applications.

Example: Trading Standards might make a representation that under 18s are excluded from the premises due to a history of illegal sales and poor controls regarding sales of alcohol to under 18s.

Licensing Objectives

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

The Criteria this service requires to meet ‘Objective 4’ above:

When completing Part: P(e) of the application form which is found in the Operating Schedule section, please make reference to the following:

1. What training do staff receive on age restricted products?
2. Are records of training and reminders kept?
3. What age perception guidance is given?
4. Is a ‘Think 21 Policy’ in use?
5. What advice is given to staff on age ID cards?
6. What display signage is in place to deter underage sales?
7. How are staff supported if refusals are made?
8. How are refused sales recorded?
9. Is CCTV in operation?

Further considerations for ‘On Licence’ premises

1. Ensure compliance with all current Trading Standards Legislation, particularly in respect of Weights and Measures, Food Standards, Prices and authenticity of product.
2. Provide appropriate training to staff to ensure compliance with the legislation.
3. Keep appropriate records if necessary to demonstrate training and any other steps taken to ensure compliance.

Frequently Asked Questions:

1. Can objections be raised on a straight forward conversion?

No but if the business applies to extend the licensing hours after the conversion, this will be classed as a variation to the licence and objections can be raised. Also, a responsible authority can request a review of an existing licence at any time.

2. What happens if there are objections?

The applicant will need to discuss the objection with whoever made the objection, to try to resolve which criteria they have failed to meet. If this cannot be resolved then the licensing authority must hold a hearing to consider the grounds for objection. It may then modify the licence, impose conditions or even revoke the licence.

3. Do I need to send a copy of my application form to Trading Standards?

Every varied premise application in Hampshire must submit a copy of their application to Trading Standards (and all responsible authorities) at the same time it is submitted to the District Council. This also applies to all new applications from November 2005.

4. What licences will I need?

In future each premise will require two types of licence:

• A premise licence – specific to the address and
• A personal licence – specific to a person and transportable

A Personal Licence only allows the holder to supply alcohol from premises that have a Premise Licence. All Premise Licences must have an identified Personal Licence holder who will be known as the Designated Premises Supervisor and will usually be responsible for the day-to-day running of the premise. It is advisable that there is more than one person with a personal licence at a premise in order to cover for absences, holidays etc.

5. What happens if I miss the transitional period?

Existing premise licences not transferred over to the new system under "Grandfather Rights" by 6th August 2005 will lapse and applicants will need to apply for a new premise licence under the new regime. If applicants don't have the new Council issued licence by 24 November 2005, they risk closure or prosecution.

6. Where can I get a copy of the Guidance for the Licensing Act?

You can download a copy from the following link:

http://www.culture.gov.uk/alcohol_and_entertainment/default.htm

If you have further questions or would like an alcohol pack please contact
liquor.licensing@hants.gov.uk

Useful links:

• Alcohol Test Purchase History - www.hants.gov.uk/regulatory/underagesales/alcohol.html

Links to all 11 licensing authorities:

1. Winchester City Council - http://www.winchester.gov.uk/General.asp?id=SX9452-A781B287
2. Basingstoke & Deane Borough Council - http://www.basingstoke.gov.uk/business/regulatory/licensing/licencingact2003/View+Details+Of+Licence+Applications+Online.htm
3. Test Valley Borough Council - http://www.testvalley.gov.uk/default.aspx?page=4387
4. Havant Borough Council - www.havant.gov.uk/havant-4236
5. Rushmoor Borough Council - www.rushmoor.gov.uk/index.cfm?articleid=4279
6. New Forest District Council - www.nfdc.gov.uk/index.cfm?articleid=3374
7. East Hampshire District Council - http://www.easthants.gov.uk/ehdc/licensingweb.nsf/webpages/Licensing+Act+2003
8. Fareham Borough Council - www.fareham.gov.uk/council/departments/healthcommunity/licensin.asp
9. Eastleigh Borough Council - www.eastleigh.gov.uk/ebc-1658
10. Gosport Borough Council - www.gosport.gov.uk/index.asp?pgid=5896
11. Hart District Council - http://www.hart.gov.uk/index/environment-and-planning/licensing.htm

 

This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. For further assistance on this or any other Trading Standards legislation, please contact your nearest office. We will be pleased to offer this information in larger print or translated into any language on request.

 

B/foo/168/001 June 05