Licensing Act 2003- Premise & Personal Licences

Alcohol and Entertainments Licensing

The Licensing Act 2003 introduced a single Premises Licence which can permit premises to be used to supply alcohol, to provide regulated entertainment and to provide late night refreshment. This brings together the six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night cafes).

Licence Summary

To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales. To apply online for a Premises Licence click here, however, please ensure you have read the information on this page before submitting your application.

The Licensing Act 2003 has also established a regime for the granting of personal licences to individuals to supply, or to authorise the supply of alcohol.

A personal licence is issued for ten years in the first instance and can be renewed on application for a further ten years if the licence holder has not been convicted of any relevant or foreign offence.

To find out more about Personal Licences and to download application forms click here.

Eligibility Criteria

Any of the following may apply for a premises licence:

  • anyone who uses carries on a business in the premises to which the application relates
  • a recognised club
  • a charity
  • a health service body
  • a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
  • a chief police officer of a force in England and Wales
  • anyone discharging a statutory or function under Her Majesty's prerogative
  • a person from an educational institute
  • any other permitted person

Applicants must not be under 18 years of age.

Regulation Summary

A summary of the regulation can be found by clicking the link below.

A summary of the regulation relating to this licence

Application Evaluation Process

Applications must be sent to the licensing authority for the area where the premises are located.

Applications must be in a specific format and be accompanied by any required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).

An operating schedule will include details of:

  • the licensable activities
  • the times when the activities will take place
  • any other times when the premises will be open to the public
  • in the case of applicants who wish to have a limited licence, the period the licence is required for
  • information in respect of the premises supervisor
  • whether any alcohol that is to be sold is for consumption on or of the premises or both
  • the steps proposed to be taken to promote the licensing objectives
  • any other required information

Applicants must advertise their application and to give notice of the application to any other person or responsible body, eg the local authority, chief police officer or fire and rescue authority.  Failure to do so will result in the application being invalid, which can result in additional costs.

When making an application, if you are required to send a copy of your application to the Staffordshire Police Licensing Team, recent changes mean that from 7th October 2010 all correspondence to the Police Licensing Team should be sent to:

Southern Licensing Unit, Burton Police Station, Horninglow Street, Burton upon Trent, DE14 1NR;

or email southern.licensing@staffordshire.pnn.police.uk 

If you choose to apply for a licence using the online application system which can be found on this page we will arrange to send a copy of your application to the Police Licensing Unit.

The licensing authority must grant the application, which can be subject to conditions. A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.

The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (i.e. representations that were not deemed frivolous or vexatious) and the chief of police.

Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.

Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.

Will Tacit Consent Apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.

Apply online

To apply online please click the relevant link below. Please make sure you have read the guidance on this page before applying.

Apply for a premises licence

Apply for a provisional statement

Apply for a Designated Premises Supervisor to be disapplied

Tell us about a minor change to your premises

Apply to vary your premises licence

Apply to transfer your premises licence

Notify us of an interest in premises under section 178

Tell us about a change to your existing interim authority notice

Tell us about a change to your existing consent to transfer

Notify us of your request to be removed as designated premises supervisor

Tell us about a change to your existing consent to be designated

Tell us about a change to your existing application to vary a premises licence to specify an individual as designated premises supervisor

Notify us of a change of name or address

Make annual payment for a premises licence

 

Apply for a Temporary Event Notice

 

or to download forms from the Department for Culture, Media & Sport click here

If you download and complete these forms, they need to be returned with the correct fee to:

The Licensing Section, Stafford Borough Council, Civic Centre, Riverside, Stafford, ST16 3AQ.

Personal Licences

The Licensing Act 2003 has established a regime for the granting of personal licences to individuals to supply, or to authorise the supply of alcohol. 

A personal licence is issued for ten years in the first instance and can be renewed on application for a further ten years if the licence holder has not been convicted of any relevant or foreign offence.

Applicants for personal licences will need to obtain an accredited qualification first. The aim of the qualification is to ensure that licence holders are aware of licensing law and the wider social responsibilities attached  to the sale of alcohol. Personal licence qualification providers are accredited by the Secretary of State.

Applicants are also required to apply for a basic criminal record check. Basic criminal record checks can be obtained from Disclosure Scotland for further details call their helpline number 0870 609 6006, or their website www.disclosurescotland.co.uk

For Further information on personal licences please read Applicant Guidance for a Personal Licence

Application forms can be downloaded here

Application for a Personal Licence

Disclosure Form (must accompany application)

Application to renew a Personal Licence

 

Apply for a Temporary Event Notice

 

Refund Policy

Please note that refunds of licence fees are not normally given. Only in exceptional circumstances, as deemed by the Licensing Manager, will a refund be considered. Any refunds given may be subject to an administration charge.

Failed Application Redress 

Please contact the Licensing Section on 01785 619402 in the first instance.

If an application for a licence is refused the failed applicant can appeal.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Licence Holder Redress 

Please contact the Licensing Section on 01785 619402 in the first instance.

If an application is made by the chief police officer, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations.

A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Consumer Complaint 

An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Other Redress

The chief police officer for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.

A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.

An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.

An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

A chief police officer may make representations to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.

An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Trade Associations

For more information you may find the links below useful;

Association of Licensed Multiple Retailers (ALMR)

Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)

Federation of Licensed Victuallers Associations (FLVA)

FAQ's

What are the key measures of the Act?

What are the activities covered by the Act?

Do I need a Licence?

Where can I find out more information?

How do I make an application?

What is Stafford Borough Council's Policy with regard to the Act?

What are they key measures of the Act?

Key measures contained in the Act include:

  • Flexible opening hours for premises, with the potential for up to 24 hour opening, seven days a week, subject to consideration of the impact on local residents, businesses and the expert opinion of a range of authorities in relation to the licensing objectives. This will help to minimise public disorder resulting from fixed closing times.
  • A single premises licence which can permit premises to be used to supply alcohol, to provide regulated entertainment and to provide late night refreshment.
  • A new system of personal licences relating to the supply of alcohol which will enable holders to move more freely between premises where a premises licence is in force.
  • Premises licences to be issued by licensing authorities after notification to and  scrutiny of all applications by the police and other responsible authorities. Those living in and businesses operating in the vicinity of the premises will also be able to make representations on applications.
  • Personal licences to be issued by licensing authorities after scrutiny by the police where the applicant has been convicted of certain offences.

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What are the activities covered by the Licensing Act 2003?

The Act lists four licensable activities, which are to be regulated by the provisions of the Act. These, in brief, are:

  • The sale by retail of alcohol
  • The supply of alcohol by clubs
  • The provision of regulated entertainment
  • The provision of late night refreshment

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Do I need a Licence?

Licensable activities may only be carried on under, and in accordance with, a premises licence, temporary event notice or club premises certificate. If you intend to carry on any of the licensable activities and unless your activity is covered by one of the exemptions in the Act, you will need one of these three authorisations.

It is an offence to carry on any licensable activity without such an authorisation.

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Where can I find out more information/How do I apply?

Stafford Borough Council have produced guidance documents for anyone wishing to make an application under the Licensing Act 2003. To access an electronic copy Click Here.

To learn more about our Policy with regard to the Act Click Here.

For more information and application forms click the relevant link above under "Apply Online" or to download forms from the Department for Culture, Media & Sport click here.

If you download and complete these forms, they need to be returned with the correct fee to:

The Licensing Section, Stafford Borough Council, Civic Centre, Riverside, Stafford, ST16 3AQ.

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How do I make an application?

Stafford Borough Council have produced guidance documents for anyone wishing to make an application under the Licensing Act 2003. To access an electronic copy of the Guidance Documents please click the relevant link below.

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What is Stafford Borough Council's Policy in regard to the Licensing Act?

The Licensing Act 2003 introduced a new licensing system for the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment.

The Act gave the responsibility for licensing to local Councils and requires each to produce a Licensing Policy Statement that complies with statutory guidance. Stafford Borough Council's Policy Statement came into force in January 2005. The Act requires that the policy is reviewed every 3 years. As part of the review the Council wishes to consult various stakeholders. 

Stafford Borough Council's Policy Statement on licensing which has been produced having regard to the statutory guidance is available by clicking the link below.

To access an electronic copy of the Policy Statement Click Here.

 

Contact
Tel: 01785 619402
Fax: 01785 619319
Email: ehadmin@staffordbc.gov.uk