The new Licensing Act 2003 received its Royal Assent on 8th July
2003 and represents a significant change to the current licensing
system.
Many people may think that the Act is only about 24 hour drinking.
This is undeniably one aspect of the Act but it goes far beyond that
and all people and businesses involved in any licensable activities
should begin to prepare themselves for the new regime.
It will take a year or so before forms, fees, procedures and subordinate
legislation have been finalised, such that the act is likely to come
fully into force around early 2005.
The government’s stated aim was to make the current licensing
system simpler such that pubs, music venues, entertainment venues,
late night cafes etc. will all apply to the local authority under
the same licensing scheme.
All licence applications will now be considered in the light of the
licensing objectives, namely:
 |
The prevention of crime and disorder |
|
Public safety |
|
The prevention of public nuisance |
|
The protection of children from harm |
The new regime applies to the sale and supply of
alcohol and the provision of 'regulated entertainment' as well as
to other activities.
"Regulated entertainment" covers a host of activities previously
covered by different legislation. For example, music, dancing, indoor
sports events, outdoor boxing and wrestling, theatres and cinemas,
the showing of videos and non-live TV are all included.
|
It seems that the school concert and the infants’
nativity play will be licensable activities even though it is unlikely
(one hopes) that the sale or supply of alcohol will be involved.
Licenses will be granted unless those who are entitled to object can
establish that the application falls foul of one or more of the licensing
objectives. Many consider that this is preferable to the existing system,
where magistrates, who are not accountable to the local population,
have an unfettered discretion in the matter of issuing liquor licenses,
and local authorities grant public entertainment licences.
The regime for temporary licences (replacing the old Occasional Licences)
for “one-off” events involving the sale of alcohol and/or
the provision of regulated entertainment to less than 500 people at
any one time is simplified. An establishment that sells alcohol, provides
regulated entertainment or sells late night refreshment between 11pm
and 5am will need to obtain a premises licence.
The new regime will require that for all premises where alcohol is sold
or public entertainment or late night refreshment is provided, two kinds
of licence will be necessary: a Premises Licence for the premises and
a Personal Licence for the person conducting the trade, which will be
portable in the hands of the licensee.
Premises may of course have several personal licensees. The premises
licence can, if permitted by the Local Authority, authorise a range
of activities other than just the supply of alcohol.
It remains to be seen whether the new Licensing Act will prove a better
system than the old. What is certain is that all business conducting
licensable activities must comply with the new law.
|
