Section 1 - The Licensing Act 2003 Flashcards
What are the four licensable activities?
- Sale of alcohol by retail
- Supply of alcohol on club premises
- Provision of regulated entertainment
- Late-night refreshment
What are the four licensing objectives?
- Prevention of crime and disorder
- Public safety
- Prevention of public nuisance
- Protection of children from harm
What are the exceptions to the sale of alcohol by retail?
- To a trader for the purpose of their trade
- To a members’ club
- To a personal/premises licence holder for the purpose of making sales according to the terms of their premises licence
- To a premises user who has a temporary event notice for the purpose of making sales authorised by that notice
What must a premises have for the sale of alcohol by retail?
- At least one personal licence holder (PLH)
- A named designated premises supervisor (DPS) (this person must be a PLH)
- A premises licence
- a PLH MUST authorise or make all sales of alcohol
What is the supply of alcohol on club premises?
Technically no sale of alcohol takes place because the members of the club own the alcohol, therefore these transactions are referred to as the ‘supply of alcohol’
What must a club have to supply alcohol?
The premises must have a club premises certificate.
No PLH, DPS, or premises licence is required
Define the provision of regulated entertainment
Regulated entertainment consists of providing certain entertainment for an audience or spectators.
Provide 3 examples of regulated entertainment
- A play with an audience of 500+ taking place before 8am or after 11pm
- A dance with an audience of 500+ taking place before 8am or after 11pm
- Exhibition of a film
- Boxing or Wrestling entertainment
What 4 activities are exempt from the regulated entertainment classification?
- Games such as pool, darts, etc… (Except when staged for spectators)
- Morris dancing
- Music used in a religious ceremony
- Background music
What four conditions must be satisfied for live music, whether amplified or un amplified, to not be classed as regulated entertainment?
- There is a premises licence or club premises certificate in place permitting the sale or supply of alcohol for consumption on the premises
- The premises are open for sale or supply of alcohol for consumption on the premises
- The live music is being performed between 8am and 11pm
- In the case of amplified live music, the audience does not exceed 200 people
What is the provision of late-night refreshment?
The supply of hot food or hot drink to members of the public between 11pm and 5am
This applies for consumption on or off the premises
What is a personal licence?
Allows a person to sell, or authorise the sale of alcohol.
Any sale or authorisation of sale must be in accordance with the terms of the premises licence for the premises where the sale is made
What is a premises licence?
Authorises a premises to be used for one or more of the licensable activities
Which 6 bodies can be a licensing authority?
- A district council in England
- A county council in England (where there are no separate districts within the county)
- A county council or county borough in Wales
- The council of each London borough
- The common council of the city of London
- The council of the Isles of Scilly
What is the Statement of Licensing Policy?
Sets out how the authority intends to promote the licensing objectives.
The policy is used to decide whether or not a licence should be granted.
