Week 10: Licensing

Question 1

What are the objectives of the Licencing Act 2003?

Answer 1

• Prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• Protection of children from harm

Question 2

What are the 4 licensing activities that are concerned withe the Licensing Act 2003?

Answer 2

• Retail sale of alcohol
• Supply of alcohol in members’ clubs
• Regulated Entertainment
• Late Night Refreshment

Question 3

What are the main provisions of the Licensing Act 2003?

Answer 3

• Local Authorities Statement of Policy, and a Committee/Regulatory Panel
• Personal Licence
• Premises Licence
• Police scrutiny of applications
• Local people more power to object

Question 4

A Premises Licence is required for…

Answer 4

• Regulated Public entertainment (includes theatres, cinemas and ‘event spaces’)
• Sale of alcohol
• Provision of late night refreshment (that is hot food and drink 23:00-05:00)

Question 5

What is Regulated Entertainment?

Answer 5

• Plays
• Films
• Indoor sports
• Boxing or wrestling
• Live music (but not incidental music)
• Recorded music (but not incidental music)
• Dancing

Question 6

How long is a premises license valid for?

Answer 6

The life of the business.

Question 7

What does the application process entail for a premises licence?

Answer 7

• Sets out full terms of application (operating schedule)
• operating schedule lists the main conditions of the licence
• subject to review on application by a relevant authority

Question 8

What is an operating schedule?

Answer 8

• Supports a licensing application

* Gives a general description of the business

Question 9

What does an operating schedule need to include?

Answer 9

• Licensable activities (late night refreshments, regulated entertainent, sale of alcohol, proposed times etc.)
• General opening times of business
• Period of License (only applies to one of events e.g. Glastonbury because of numbers attending wouldn’t qualify for a TEN)
• Designated premises supervisor (specific person, who must already hold a personal license)
• Details regarding the sale of alcohol
• Steps to promote the licensing objectives (including risk assessment)

Question 10

What is a personal license?

Answer 10

• Authorise sale of alcohol in premises with a premises licence, including off-sales
• Valid for 10 years
• Granted and renewed by the Local Authority where the applicant resides

Question 11

What are the qualifications for a personal license?

Answer 11

• Must be over 18
• Has a licensing qualification
• Held a similar licence which has not been forfeited within 5 years prior to application
• Has not been convicted of a relevant offence

Question 12

What is a designated premises supervisor?

Answer 12

• Required for premises where alcohol is sold (but not for private members’ clubs)
• Must be a personal licence holder
• Must be named on the licence
• Not required to be on the premises

Question 13

What is a Qualifying Members’ Club?

Answer 13

• Needs to have at least 25 members
• Alcohol only supplied to members for the benefit of the club
• Period of 2 days between joining and being entitled to privileges of membership
• No need for a designated premises supervisor or personal licence holder

Question 14

What does TEN stand for?

Answer 14

Temporary Event Notice

Question 15

What is a TEN?

Answer 15

• Notice of temporary activity to be given to the Council and Police at least 10 working days before the event
• Only police can object on grounds of crime and disorder
• If police object Council must hold a hearing
• Temporary Events Notices must be kept on the premises

Question 16

Why would you need a TEN?

Answer 16

• Permitted temporary activities
No need for premises licence or personal licence if:
• Event will not exceed 96 hours AND
• Will not be attended by more than 499 people

Question 17

What are some objections to the Licensing Act 2003?

Answer 17

• Local residents have a far greater right to make “representations” (ie objections) about licensed premises of all types in their area
• Councils are able to “review” licenses at any time but local people will also be entitled to have their say on any application to vary a license

Question 18

What three main acts are the home office responsible for?

Answer 18

• Policing and Crime Act 2009
• The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010
• Police Reform and Social Responsibility Act 2011

Question 19

How did the Licensing Act 2003 affect the Live Music Act 2012?

Answer 19

• Removing licensing requirement for amplified live music between 8am and 11pm with audiences of less than 200
• Removes requirement to licence the provision of entertainment facilities

Question 20

Live Music Act 2012

Answer 20

• Venues in England and Wales with a capacity of under 200 people- don’t need licence for live music between 08:00 and 23:00
• Live unamplified music can also now be played in any location
• Live Music Act could enable 13,000 more venues to start holding live music events - UK Music

Question 21

Objectives of the Gambling Act 2005?

Answer 21

• For gambling to remain crime-free
• Players know what to expect and are not exploited
• Protection for children and vulnerable people

Question 22

What is the Gambling Act 2005?

Answer 22

• Established new regime for the regulation of commercial gambling in Great Britain
• Affects betting, bingo, casinos, gaming machines and charity lotteries and deals with gambling offered through remote technologies like the Internet
• Established a new independent regulator, the Gambling Commission, which licenses gambling operators and their key personnel.
• Local Authorities will license gambling premises in their area