Where you apply to convert your licence, you new premises licence will be issued subject to the same conditions, restrictions and hours as at present. In effect you get what you have got now, but no more.
So for example, if you hold a restaurant licence your new premises licence will still be for a restaurant and subject to the standard condition that alcohol is only sold or supplied to those taking table meals. If you hold a standard on-licence for a pub premises your new premises licence will be limited to the same opening hours as permitted hours now. If you have an on licence with a special hours certificate (night club provision) then you will get a premises licence which gives you the later opening hours.
How can I provide for occasional special events? The new system provides for temporary event notices (TEN’s) to be given to the Council for events lasting no more than 96 hours and for less than 500 people. The events can be any of the licensable activities and so the TEN could cover several performances of a play for instance. The hours of the temporary event could be longer than on a premises licence. No premises can be used for more than 12 such events per year, or for more than 15 days in aggregate under TEN's, and there must be at least 24 hours between events covered by successive TEN's. More generally a personal licence holder can give 50 TEN's in a year and anyone else can give five.
TEN's must give at least 10 days notice to the Council and the police can object. Clearly 12 extensions or temporary events per year will not be enough if you currently get extensions, for example, for wedding parties every Saturday. In such a case you will need to apply for conversion of your licence and variation to your opening hours to add any extra hours you need to regularly cover special occasions.
How do I make an application for a premises licence and personal licence? You don't need to make an application yet for a premises or personal licence. You must wait until the law is brought into force. How long will my new licences last? Personal licences last for 10 years. Premises licences last until they are revoked or for any period specified in the licence. Premises licences are not restricted to a 3 year period as justices' licences are at present. I apply for a lot of extensions at present to cover special occasions such as weddings and parties, will I get these extra hours if I convert my licence without varying the current hours? No, the extra hours will not automatically be added to your licence. Under the new legislation there is no direct equivalent to the current procedures for extensions. I have heard in the press and trade publications about changes to Licensing Law, what is going on? The government has spent a lot of time reviewing the existing licensing laws. It has consulted widely and has determined that the existing system is unnecessarily complicated, restrictive and expensive. The government is in the process of sweeping away all of the old licensing system and bringing in a completely new system. Last year Parliament passed the Licensing Act 2003 that sets out the new approach. The Act is not yet in force and there will be a transitional period beginning on 5 February 2005 until November 2005.
I thought we were going to have 24 hour opening? The new Licensing Act will get rid of the current permitted hours (and many other restrictions) but 24 hour opening will not be automatic.
The reason for this is that where you want more than you have now (for example, to convert from a restaurant to sale of alcohol without a requirement for meals or to operate your pub until 1am etc) the Government has decided that other people should have a chance to make comments and representations about the changes. This may mean that where a pub is in a residential area and an application is made that it is allowed to open until 1am or even 24 hours, residents in the area may wish to comment or even object whilst a pub in a non residential area may have fewer or no objections.
Is there anything I can do now to prepare? Yes. As part of any new application you will be required to submit your original licence(s) and plans of the premises. You should make sure you still have them so they are ready for your application. Nearer the time you will also need passport size photos for your personal licence. Start thinking who could be your designated premises supervisor if you will be selling alcohol.
My existing alcohol, public entertainment, sports, theatre, cinema or late night refreshment house licence is due to expire this year, do I have to renew it? Yes. It was hoped that the government would change the law to extend your current licence until the new system starts. Unfortunately this has not happened and you must apply for renewal on the form sent to you within the time specified. It is essential that you keep your existing licences in force until the new system starts.
Your renewed licence will only last until the new system is in force at the time existing licences will be useless.
Suppose I want different terms on the new licence? At the same time as applying for a straight conversion you can also apply for different opening times, additional licensable activities etc. This application might be the subject of representations, which could lead to a hearing.
What are the main changes? The new system will cover the following licensable activities:
Alcohol sale or supply
Regulated entertainment
plays
films
indoor sports
music and dancing
Late night refreshment
The courts will no longer issue alcohol licences of any kind, all of the new system will be administered by the Council. Existing public entertainment licences, indoor sports licences, theatre licences, cinema licences, late night refreshment house licences, justices on and off licences, restaurant licences, residential licences, supper hour certificates, special hours certificates, club certificates and all the other various forms of alcohol licences you may have come across will be abolished. They will be replaced by the following:-
premises licences
personal licences
club registration certificates
temporary event notices (TEN)
A single licence can now authorise one or more of these "licensable activities".
What else does the new Act cover? The new Act covers all aspects of licensing law for example it completely updates the law on children and alcohol and gives the police new powers to close disorderly premises. What happens to members clubs? Under the existing licensing law special rules apply to members' clubs that are run for the benefit of the members, as opposed to a proprietary club which holds a restricted on-licence with the profits going to an owner. Under the new law, clubs not run for private gain will be able to apply for a club premises certificate. As this type of club is run by members' committees and do not currently have licensees they are not required under the new law to have a personal licence holder or a designated premises supervisor but they will be subject to similar operating restrictions as at present e.g membership rules. Proprietary clubs will need a premises licence. What happnes if I do nothing before the new law comes into force? It is your responsibility to make all the necessary applications. If you do nothing then you and your premises will become unlicensed. You will also lose the right to apply for conversion of your existing licence. Doing nothing, therefore, is not an option unless you want to close your business.
What is a personal licence? A personal licence is a licence, which is granted to an individual and authorises that person to sell or supply alcohol, or authorise the sale or supply or alcohol in accordance with a premises licence.
An application for a personal licence must be made to the local authority in whose area you ordinarily live. This might mean if you live outside the area where your workplace is located that the personal licence is issued by a different local authority to the one that issued the premises licence.
The personal licence will be valid for an initial period of 10 years before it has to be renewed. A premises which sells alcohol must have at least one personal licence holder but other employees, such as bar staff, are not required to hold a personal licence although there is nothing to prevent them qualifying and getting a personal licence.
What is a premises licence? A premises licence is a licence that is granted to authorise the premises to be used for the sale of alcohol or the provision of regulated entertainment, or late night refreshment.
If alcohol is to be sold, the premises licence must name a person known as the "designated premises supervisor". The premises supervisor will be the holder of a personal licence and would normally be the day-to-day manager of the premises. The premises licence normally lasts for the life of the enterprise.
What is it going to cost? A fee will be payable when you apply for your personal licence and when you apply for your premises licence. The fees have yet to be set by the government. It is currently envisaged that fees for premises licence applications will range from £100-£500, depending on the size of the premises, with an annual fee of £50-£100. The fee for a personal licence will probably be £30, with an additional fee on each renewal every ten years.
What next? The government is currently putting its statutory guidance on licensing through Parliament. When do I apply for my premises or personal licences? NOT YET. At present you do not need to do anything in respect of a premises/personal licence. Who can apply for a personal licence? During the first six months of the transitional period an existing holder of a justices licence can apply and unless a police objection is upheld the Council must grant the licence. Other people can apply but they would need to meet set criteria including the possession of a specified qualification.
Who can apply for a premises licence? The new law lists a number of different people and bodies that can apply for the licence. The main person who can apply is "a person who carries on, or proposes to carry on, a business which involves the use of the premises for licensable activities". This will normally be the proprietor or one of the current licensees but there is no requirement that the person who applies is an existing licensee or even has day-to-day management of the premises. So the owner of a business with no day-to-day involvement (because he or she currently employs a manager) could apply to hold the premises licence. Similarly in managed premises a pub operating company could hold the premises licences for all its premises. Why do I need a personal licence if the premises is licensed as well? A personal licence will show that you are a suitable person to supply alcohol or authorise the supply of alcohol by others on a premises with a premises licence. The licence will be personal to you and should make it easier for you if you move to a new premises or area - you won't have to prove over and over again to each new police force and licensing committee that you have the right character, training and qualifications to sell or supply alcohol.
Where can I find out more? A number of articles are now appearing in the trade press. The Council will be adding more information to its website from time to time. The Government Department responsible for the changes is the Department for Culture, Media and Sport and more information can be found on its web site at http://www.culture.gov.uk. Graphical Version l
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