Premise Licence
Or
Premise Certificate |
A premises licence is required by premises wishing
to carry out a licensable activity.
A premise certificate is required by a registered club to authorise
it to carry out a licensable activity.
These permissions will detail how the premises will operate. Conditions,
mainly drawn from a national model pool of conditions, can only
be placed upon the licence where a responsible Authority has directed
that it is desirable to do so. The purpose of these conditions is
to regulate the use of the premises for licensable activities in
line with the licensing objectives.
A premises licence has effect until the licence is revoked or surrendered,
but otherwise is not time limited unless the applicant requests
a licence for a limited period.
|
|
Licensable Activities |
• the sale by retail
of alcohol
• the supply of alcohol by clubs
• the provision of regulated entertainment
| (a) |
a performance of a play, |
| (b) |
an exhibition of a film |
| (c) |
an indoor sporting event |
| (d) |
a boxing or wrestling entertainment |
| (e) |
a performance of live music, |
| (f) |
any playing of recorded music |
| (g) |
a performance of dance, |
| (h) |
entertainment of a similar description to that falling within
paragraph (e), (f) or (g),where the entertainment takes place
in the presence of an audience. |
• the provision of late night refreshment i.e. warm food
between the hours of 11:00pm and 5.0a.m.
|
| Designated Premise
Supervisor |
The designated premise Supervisor is
normally a person who has day-to-day control of the running of premises
where alcohol is sold, and must be a Personal Licence holder. The
law only permits one D.P.S. per premise.
Registered clubs, (premises operating under a premise certificate
), do not require a designated premises supervisor as they don’t
actually sell alcohol but supply it on demand.
|
| Registered Club |
A registered club is an organisation
of people who have joined together for a particular social or political
purpose, (such as the royal British Legion or a politically affiliated
club). It is the people within the organisation that usually own
the property in which they meet and any fixtures and fittings such
as alcohol. A minimum of 24hrs has to elapse between application
for membership and membership being granted. The bar is run by a
bar committee of at least three members, although it is permissible
for them to employ a bar man to dispense the alcohol. Since members
already “own” the alcohol they cannot buy it but may
pass money to replace the stock they have taken. Alcohol can only
be supplied to members. In a registered club no one person derives
financial benefit from the running of the club.
|
| Licensing Policy |
Every Licensing Authority has developed
its own Policy following National Guidelines. This Policy has been
arrived at by consulting locally with a number of people and interested
parties to take into account local conditions. This Policy is readily
available for every one to inspect. This and the national guidance
are the guidelines the Licensing Authority will refer to when deciding
upon when considering applications.
It has to be regularly reviewed and every three years undergo a
further period of consultation.
|
|
Responsible Authority |
The following list of authorities is
what the Act describes as Responsible Authorities. These are the
bodies all applicants for a licence/ certificate are obliged to
inform, and who can pass comment upon the application, or call for
a review of the licence:-
| • |
Enforcing Authority for Health and Safety; Either
the Local Authority or H.S.E. dependant upon certain factors. |
| • |
Enforcing Authority for pollution of the environment, the
Local Authority. |
| • |
Surrey Fire and Rescue Service |
| • |
Surrey Police |
| • |
Local Planning Authority |
| • |
Safer Runnymede |
| • |
Authority for the protection of Children from Harm ( To be
Decided ) |
|
| Personal Licence Holder |
Means a licence which-
| (a) |
is granted by a licensing authority to an individual,
and |
| (b) |
authorises that individual to supply alcohol, or authorise
the supply of alcohol, in accordance with a premises licence. |
A personal Licence is issued by the authority where the applicant
is normally resident and lasts for ten years.
During the first six months from the first appointed date the Local
Authority will, in most cases, grant a personal licence on production
of proof of holding a licence from a magistrates court. After this
date proof of passing a recognised qualification, and a standard
C.R.B. check will be required.
|
| First Appointed
Date |
This date is the 7th February 2005
This is the date on which applications for the new licences can
begin to be made.
Personal Licence holders and Club Premises will have six months
from this date in which to apply to transfer their "old"
licence. After this period these applications will be deemed to
be new applications.
|
| Second Appointed Date
|
This is the date when the old Licensing
regime finishes and the new licences begin. This date has yet to
be set be the government.
|
| Temporary events
|
These are by the title events of a
temporary nature where licensable activities are to take place and
less than 500 people will attend. The Act specifies the maximum
period of time for a temporary event to be 96 hrs but the act doesn’t
require this to be continuous, providing that in the application
it can be shown that it is a continuing event. Thus for example
a trade event where alcohol is to be sold and no more than 500 people
a day are expected to attend could spread over 5 or 6 days of 15hrs
a day.
10 working days notice to the Licensing Authority and the Police
has to be given. The Police may object on Crime and Disorder grounds
only, and the Authority on the number of occasions only. No conditions
may be attached to a Temporary Event Notice.
BUT; a non personal licence holder can have no more than five such
events per calendar year, and a personal licence holder is restricted
to 50 occasions.
BUT; a premise is restricted to twelve events or 15 days per calendar
year.
BUT; a Temporary Event Notice is not required for a garden fete
or like event where a licensable activity takes place (except the
sale of alcohol which does require permission ) or for Morris Dancing
or dancing of a like kind.
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|
LIVE ENTERTAINMENT |
a) Are the premises licensed for sale
of alcohol?
And
b) The provision of musical entertainment?
And
c) Are the premises used primarily for supply of alcohol
And
d) Does it have a permitted capacity of no more than 200
If the answers to a-b-c-d is NO then live entertainment
is NOT permitted and premises needs to seek a variation
to licence to include entertainment
If the answers so far are YES then
e) Are the premises open for the supply of alcohol on the premises
And
f) Are being used for provision of musical entertainment
And
Is it between 8.0am and Midnight?
And
Are the premises being used for musical entertainment:
Which is i) the performance of un-amplified live music; or ii)
facilities for enabling persons to take part in (i) above
And
The premises are not being used for any other type of regulated
entertainment.
Then
Any conditions imposed on the premises licence ( except
those referring to The Prevention of Crime, or Public Safety ),
that relate to musical entertainment do not take effect.
UNLESS
The licence has been reviewed with a specific Condition included
to say this exclusion does not apply.
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