Licensing

Implementation of the Licensing Act 2003 (“the Act”), which came in to force in November 2005, marks a revolution in licensing. Previously, publicans would need merely to pay a relatively small fee to the local licensing magistrates for renewal of a licence, which was required approximately every three years. From 7 February 2005 local councils became responsible for licensing. Councils must consider the guidance notes issued by the Secretary of State in July 2004 but they also have the authority to depart from these when they see fit.

Anybody who has had the opportunity to read the Act will be aware of how complex and unclear it is. For this reason it is vital that all operators, whether existing traders or new applicants, are well advised before making an application for either conversion or a new licence. Careful consideration of an application is crucial in order to avoid refusal, which may lead to disappointment and a detrimental impact on a business.

Requirements under the Act where a trader is applying for a new licence are as follows:

1. A Premises Licence

The Act provides that only one licence is needed to cover all licensable activities on the premises.

In order that a premises licence is operable there must be at least one Designated Premises Supervisor or DPS who holds a Personal Licence exercising sufficient control over the premises. The DPS is the point of contact for emergency services and licensing authorities.

The Act also deals with variations of licences in order, for example, to extend opening times or changes to the premises of the business covered by the licence.

2. A Personal Licence

The DPS must hold a Personal Licence. A Personal Licence will be appropriate where anyone wants to allow the sale of alcohol under a Premises Licence.

A Personal Licence holder does not authorise the holder to supply alcohol on any premises; he or she only has the authority to sell alcohol on premises that possess a premises licence.

The Personal Licence allows for much greater flexibility as the licence holder is no longer tied down to particular premises.

A Personal Licence application costs £37.00 and lasts for 10 years.
 

The deadline to convert a Justices Licence to a new Licence under the 2003 Act has now passed. It will now be necessary to submit a new application.

Ambrose Appelbe can prepare your application in a manner that highlights specific areas which Local Authorities will look at in detail to ensure your application has the best opportunity to succeed. Our aim is to relieve you of all of the burden and worry involved in getting your new Licences.

Our usual practice is to meet with clients at their premises to ascertain as much information as possible for the completion of the application forms

There may be occasions where it is believed a Local Authority has misinterpreted the law and in these circumstances the matter may be reviewed in the High Court. We aim to liaise with the Local Authorities to ensure your business needs are represented and that the Council understands these when issuing Licences. We can also assist with Fire Regulations and the Fire Brigade

It is important to act now. Get it right first time and use the opportunity to obtain the licence and any variations best suited to maximise profit for your business.

Ambrose Appelbe has experience in dealing with the acquisition of public houses and restaurants including the commercial, employment and property implications.

Ambrose Appelbe are ready to advise how these changes in legislation are affecting publicans and restaurateurs.

See also our article on lost liquor licences and temporary event licences
 

If this subject is relevant to you, please telephone Felix Appelbe or Andrew Penfold on 020 7242 7000 or use the Contact Request Form.
 

© Ambrose Appelbe 2004-2008
This web site contains general information only and does not constitute legal advice. You should take suitable advice as to your specific circumstances. Ambrose Appelbe accepts no responsibility and disclaims all liability in relation to such information.