	Safety and Licensing
	Torbay Council
	Roebuck House Abbey Road Torquay TQ2 5TF
	licensing @torbay.gov.uk
	01803 208126
	01803 208854

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Licensing Act 2003 - Frequently Asked Questions

Premises Licences

1. Who can apply for a premises licence?

The principal category of those who can apply for a premises licence is anyone who proposes to carry on a business involving licensable activities on the premises. This covers any individual (aged at least 18) or business. Recognised clubs, charities, a proprietor of educational establishments, health service bodies and a chief officer of police may also apply for a premises licence.

2. How do I apply for a premises licence?

Details on applying for a premises licence can be found in the ‘Guide to applying for a Licence’ which is available at Roebuck House and can also be found on our Licensing Act 2003 page. It can also be made available by ringing the Licensing Team on 01803 208126.

3. What is an operating schedule?

The operating schedule is part of the application form where the applicant sets out various details on how the premises is proposed to operate when carrying on licensable activities. It must include the following information:

the licensable activities to be carried out;
the proposed hours that the relevant licensable activities are to take place;
the proposed hours that the premises are to be open to the public;
the duration of the licence (if it is to have a fixed term);
details of who is to be the designated premises supervisor if the licensable activities include the supply of alcohol;
where alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off premises; and
a statement of the steps the applicant proposes to take to promote the licensing objectives (e.g. the arrangements for door security to prevent crime and disorder).

The significance of the operating schedule is that if the application for the premises licence is granted, it will be incorporated into the licence itself and will set out the permitted activities and the limitations on them.

4. What scale does a premises licence plan have to be drawn to?

Unless previously agreed with the licensing authority in writing that an alternative scale plan is acceptable, the plan should be drawn in standard scale 1:100, where 1 millimetre represents 100 millimetres.

5. What is the process for making variations to a premises licence?

A premises licence holder may apply to the licensing authority to vary the licence. Variations could include the opening times of the premises, however, more probably, it will relate to the licensable activities of the licence or conditions attached to the licence.

When representations are made, the licensing authority must hold a hearing to consider them (unless all parties agree that this is unnecessary) and, having regard to the representations, take such steps as it considers necessary for the promotions of the licensing objectives, such as modifying the conditions of the licence or rejecting whole or part of the application. A fee will be charged for any application to vary a premises licence.

6. What is a designated premises supervisor?

A designated premises supervisor (DPS) is the person identified as such for a particular premises who is named on the premises licence. They will be named in the operating schedule for any premises with a premises licence. The DPS will not necessarily be the premises licence holder, although this may sometimes be the case. It is expected that they will be the point of contact for the premises at all times for licensing authorities, or the police or fire services if problems occur at the premises.

Any application for a premises licence must also include a form of consent given by the individual whom the applicant wishes to have specified in the premises licence as the DPS.

7. Do I need a Designated Premises Supervisor (DPS)?

Any premises where alcohol is supplied under a premises licence must have a DPS.

8. Does the DPS have to be on the premises at all times when alcohol is being sold?

No, in some cases this will not physically be possible. However, it will be expected that the DPS will spend a significant amount of time on the premises. What will be essential is that the DPS is contactable, particularly should problems arise with the premises.

9. Can I have more than one DPS at the same premises?

No. The guidance states, only one DPS for each premises.

10. Can I be a DPS at more than one premises at the same time?

Yes. However, the chief officer of police may make representations if he fears that the DPS would not be able to fulfil the responsibilities in respect of the crime prevention objective for more than one premises at the same time.

11. Will I need door staff if I extend my current licensing hours?

Not necessarily. You may take the view that this is needed in order to promote one or more of the licensing objectives and include it in your operating schedule. However, if you decide not to do so and relevant representations are made to the effect that door staff should be on the premises, such a condition will only be imposed, following a hearing before the licensing authority, if it is necessary for the promotion of the licensing objectives (unless all parties agree that a hearing is not necessary). Each case will differ, and it will be up to licensing authority to decide on the conditions such as the times that door staff must be in place following the consideration of relevant representations.

For more information on stewarding, contact the Security Industry Authority (SIA) on Tel: 08702 430100.

12. How long does a premises licence last for?

If there are no changes or reviews the licence can last for the life of the business, but there will be an annual fee to pay.

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Club Premises Certificates

1. What is a Qualifying Club?

To be classified as a qualifying club in relation to a qualifying club activity, a number of general conditions must be met. These are:

that under the rules of the club, persons may not be admitted to membership, or be admitted, as candidates for membership, to any of the privileges of membership without an interval of at least two days between their nomination for membership and their admission;
that the club is established and conducted in good faith as a club;
that the club has at least 25 members;
that alcohol is not supplied to members on the premises otherwise than by or on behalf of the club.

To qualify as a club authorised to supply alcohol to its members and guests, additional conditions must be met. These are:·

The purchase and supply of alcohol by and for the club is managed by a committee made up of elected members of the club all aged 18 years or over;
no arrangements may be made for any person to receive any commission, percentage or similar payment at the expense of the club with reference to purchases of alcohol by the club;
no arrangements may be made for any person to derive directly or indirectly any monetary benefit from the supply of alcohol to members or guests apart from to benefit the club as a whole or any indirect benefit a person derives by reason of the supply contributing to a general gain for the club as a whole.

2. What activities does a Club Premises Certificate authorise?

A club premises certificate may authorise the conduct of any of the qualifying club activities, namely:

the supply of alcohol by or on behalf of a club to, or to the order of, members of the club;
the sale by retail of alcohol by or on behalf of the club to a guest of a member of the club for consumption on the premises where the sale takes place; and
the provision of regulated entertainment (where that provision is by or on behalf of a club for members of the club or members of the club and their guests).

However, you will have to specify in the club operating schedule the qualifying club activities to which the application relates.

3. How do I apply for a Club Premises Certificate?

Details on applying for a premises licence can be found in the ‘Guide to applying for a Licence’ which is available at Roebuck House, or by phoning the Licensing Team on 01803 208126, and can also be found on our Licensing Act 2003 page.

An application for a club premises certificate must be made to the relevant licensing authority, that is, the authority within whose area the premises is situated. To make an application you must submit:

A completed application form;
a club operating schedule;a plan of the premises in the required format (see the ‘Guide to Applying for a Licence’ at Licensing Act 2003 page or at libraries and Connections offices around the bay);
a copy of the clubs rules, and
the required fee.

Copies should be sent to the relevant Responsible Authorities. See our ‘Guide to applying for a Licence’ which is available at Roebuck House, or by phoning the Licensing Team on 01803 208126, and can also be found on our Licensing Act 2003 page.

4. What information should I include in the club operating schedule?

The club operating schedule is a document in which the applicant sets out various details in relation to the application. It must include the following information:

The qualifying club activities to which the application relates;
the proposed hours of those activities and any other times during which it is proposed that the premises are to be open to the public;
where the relevant qualifying club activities include the supply of alcohol, whether the supplies are for consumption on and/or off premises; and
the steps which it is proposed to take to promote the licensing objectives (e.g. the arrangements of door security to promote the prevention of crime and disorder).

5. How long does a Club Premises Certificate last?

A club premises certificate has no time limit and will continue to have effect unless it is withdrawn by the licensing authority following an application for a review of the certificate, if the club ceases to be a qualifying club or it lapses on surrender by the club.

6. Does there need to be a Designated Premises Supervisor?

No, there are no requirements for Designated Premises Supervisors at premises with Club Premises Certificates.

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Regulated Entertainment

1. What is Regulated Entertainment under the Licensing Act 2003?

The provision of regulated entertainment covers the provision of entertainment or of entertainment facilities. The descriptions of entertainment in the Licensing Act are:

the performance of a play;
an exhibition of a film;
an indoor sporting event;
boxing or wrestling entertainment;
a performance of live music;
any playing of recorded music;
a performance of dance;
or entertainment of a similar description to live music, recorded music or dance.

Furthermore to be ‘regulated entertainment’ the entertainment must take place in the presence of an audience and be provided for the purpose of, or for purposes which include entertaining that audience.

2. How do I obtain a licence to provide entertainment?

Under the Licensing Act it will be necessary to apply for a premises licence or club premises certificate from the relevant licensing authority. Details on applying for a premises licence can be found in the ‘Guide to applying for a Licence’ which is available at Roebuck House, or by phoning the Licensing Team on 01803 208126, and can also be found on our Licensing Act 2003 page.

3. Are there any exemptions from the requirement of a premises licence when providing entertainment?

Yes. However note that if alcohol is to be supplied, or late night refreshment provided, a licence will be required for those activities. The main exemptions are as follows:

for the purposes of or purposes incidental to religious services or meetings or at places of public religious worship;
Morris dancing or any dancing of a similar nature, or a performance of unamplified live music as an integral part of such dancing;
incidental music – the performance of live music or the playing of recorded music if it is incidental to some other activity which is not itself regulated entertainment;
garden fetes – or functions or events of a similar nature if not being promoted or held for purposes of private gain;
film exhibitions for the purposes of advertisement, information, education, etc – if the sole or main purpose of the exhibition of a film is to demonstrate any product, advertise any goods or services, or provide information, education or instruction;
film exhibitions, museums and art galleries – where an entertainment consisting of the exhibition of a film, is, or forms part of, an exhibit put on show for any purposes of a museum or art gallery;
use of television or radio receivers – where entertainment consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (however, showing pre-recorded entertainment would require a licence);
vehicles in motion – i.e. where the provision of entertainment or entertainment facilities take place on premises consisting of or forming part of a vehicle, and at a time when the vehicle is not permanently or temporarily parked.

4. Will I require a licence to show broadcast TV in my pub?

Live broadcast entertainment is exempt from the licensing regime. However, if you wish to show recorded entertainment on your TV e.g. video or DVD a licence will be required.

5. Will pub games require a licence?

Commonly played games such as pool or darts would not normally need to be licensed as they are not generally played for the entertainment for spectators. However, if for instance it was a darts championship staged for spectators, this would be classed as regulated entertainment.

6. Will entertainment in schools require a licence?

Yes, if they wish to stage entertainment to which the public is invited or where a fee is charged and with view to profit. However, they will be exempt from paying a fee if the entertainment is provided by and at the school or college and for the purposes of the school or college. If the public was not invited and a charge made to a private audience (like family and friends) just to cover costs then a licence would not be required.

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Late Night Refreshment

1. Will restaurants with a special hours certificate need to include late night refreshment in their premises licences as a separate licensed activity?

Yes. There will be no equivalent of a special hours certificate under the Act. A restaurant owner will need to apply for a premises licence to replace the existing permission from the magistrates. This will allow a premise to provide or continue to provide, alcohol with meals, and, depending on their preferred hours of opening, to provide hot food or hot drink between 11pm and 5am.

2. Are there any instances where the provision of hot food and hot drink would not require an authorisation under the Act for the provision of late night refreshment?

The following miscellaneous supplies of hot food or hot drink are exempt:

a hot drink distributed by means of a vending machine where the payment for the hot drink is inserted into the machine by a member of the public, and the hot drink is supplied directly by the machine to the member of the public;
hot food or hot drink supplied free of charge;
hot food or hot drink supplied by a registered charity or by a person authorised by a registered charity; and
the supply of hot food or hot drink on a vehicle at a time when the vehicle is not permanently or temporarily parked (e.g. a train).

Supplies of hot food or hot drink are also exempt where the supply is on or from premises to which, at the time of the supply, only persons of the following descriptions will be admitted and supplied with hot food or hot drink:

Guests (and their guests) of hotels or similar premises – that is guest houses, lodging houses, hostels, caravan or camping sites or other premises supplying accommodation as their main purpose;
members of recognised clubs and their guests;
employees of a particular employer and their guests – e.g. where refreshment is made available to employees whose shift patterns require them to be present at the workplace between 11pm and 5am;

3. I am the owner of a late night take away shop. I’ve never needed a licence before, will I need one now?

Yes. The Licensing Act regulates licensing laws across England and Wales, which means that late night take-aways and cafes do need a premises licence to serve hot food or drink between the hours of 11pm and 5am.

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Personal Licences

1. How long will a personal licence last?

A personal licence will last for ten years (subject to certain provisions of the Act regarding, for example, surrender and forfeiture of the licence). The licence can be renewed for further periods of ten years. The licence will be renewed if the licence holder has not been convicted of any relevant or foreign offence. If any such convictions have occurred since the licence was granted or renewed, the chief officer of police for the area may object to the renewal.

2. Do I have to hold a personal licence to work in a pub?

No one is required to hold a personal licence to work in any licensed premises other than the person who is the Designated Premises Supervisor in respect of the premises licence. However every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

3. Why do I need to apply for a personal licence?

The new system of personal licences will allow holders to sell alcohol for consumption on or off any premises covered by a premises licence, similar to the way that driving licence permits the driving of a car. It replaces the vague ‘fit and proper person’ tests with a need to possess a licensing qualification, in most cases, or otherwise to be a person of description set out in the licensing regulations.

4. What is the meaning of the term ‘relevant offence’?

‘Relevant offence’ refers to the offences listed in the Act that could, on conviction, rule out the grant or renewal of a personal licence to the applicant concerned.

The offences include:

those involving serious crime;
those involving serious dishonesty;
those involving controlled drugs;
certain sexual offences; and
offences created by the Act.

When applying for the grant of a personal licence or for the renewal of a personal licence, the applicant must include details of any relevant or foreign offences for which they have been convicted or, in the case of applications for the renewal of the licence, have been convicted since the grant or last renewal of the licence.

5. What is the application process for a personal licence?

The applicant must submit an application form to the relevant licensing authority.

Applicants will be required to produce a completed application form accompanied by the prescribed fee and the following documents:

Their current justices’ licence or a copy certified by the chief executive of the licensing justices for the licensing district concerned, by a solicitor or notary or by a person of a specified description;
2 photographs, 1 of which is endorsed as a true likeness of the applicant by the chief executive of the licensing justices for the licensing district, a solicitor or notary, a person of standing in the community or an individual with a professional qualification; and
Details of convictions of any relevant or foreign offences.

A copy of the application must be given to the police within 48 hours of the application being made.

Details of this can be found in the ‘Guide to applying for a Licence’, which is available at Roebuck House, or by phoning the Licensing Team on 01803 208126, and can also be found on our Licensing Act 2003 page.

If it appears there are convictions for any relevant or foreign offences, the licensing authority will give a notice to the chief officer of police for the area. If the police make no objections within a 14 day period, the licence must be granted.

6. How do I obtain the necessary licensing qualification for a personal licence?

Details of those bodies which are accredited to award licensing qualifications will be made available on the Department for Culture, Media and Sport website. Please view External links for the DCMS Accredited Personal Licence Trainers.

7. What if I lose/damage my personal licence?

If the licence is lost, stolen, damaged or destroyed a copy can be provided by the Authority but the Authority must be satisfied that in the case of lost or stolen that it has been reported to the police. The fee for a copy of the Licence is £10.50

8. What if I move?

If you move, you are legally required to advise the Licensing Authority, which issued your Personal Licence, of your new address. There is a £10.50 charge for this. A new Personal Licence is then re-issued.

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Licensing Authorities

1. How will records be kept of licences issued by the licensing authority?

All licensing authorities must keep a register containing a record of personal licences, premises licences and club premises certificates issued. Links to this are available on the Public Register page and the Licensing Act 2003 pages of our website.

2. How can I inspect the register of licences?

You can inspect the register of licences during office hours at our contact address above or on the website as covered in question 1 above.

Fees

1. Who sets the fees for applications?

The Secretary of State for Culture, Media and Sport and these can be reviewed. Premises Licences will be based upon the Non Domestic Rateable Value of the premises.

Details of the fees can be found in the ‘Guide to applying for a Licence’, which is available at Roebuck House, or by phoning the Licensing Team on 01803 208126, and can also be found on our Licensing Act 2003 page.

2. What is the fee for?

The fee is to fully recover the administration, inspection and enforcement costs of licensing authorities, which arise out of carrying out their licensing functions under the Act. This is to avoid any need for council tax payers to subsidise these costs.

3. These figures are more than I paid for my previous licence – why is this?

The Government believes that licensing fees must be set at a level to recover fully the licensing authorities costs of administration, inspection and enforcement. Unless an applicant requests otherwise, a premises licence will be valid until it is surrendered or forfeited, it lapses or is revoked, so there will not be the annual application for the grant of an authorisation for regulated entertainment, which is currently the case with public entertainment licences, or the three yearly renewal which is currently the case with justice’s licences. The Government estimates that industry will save almost £2 billion over the first ten years as a result of the reforms contained in the Act, largely through savings in legal costs and the applications for the many additional permissions, renewals etc which are required under current law.

4. Can I pay in instalments?

No. The fee will be payable in full at the time of application and also at the time stipulated in regulations in respect of the annual fee.

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Making Representations

1. Who can make representations about a licence application or ask for a review of the licence?

‘Interested parties’ or ‘responsible authorities’ can make representations.

Interested parties are any of the following:

a person living in the vicinity of the premises;
a body representing persons who live in that vicinity;
a person involved in a business in the vicinity of the premises;
a body representing persons involved in these businesses.

Responsible authorities mean any of the following:

the chief officer of police for the area in which the premises are situated;
the fire authority for the area in which the premises are situated;
the health and safety authority for the area in which the premises are situated;
the local planning authority for the area in which the premises are situated;
the environmental health authority for the area in which the premises are situated;
the body recognised as being responsible for protection of children from harm for the area in which the premises are situated;
with regard to a vessel – the relevant navigation authority, the Environment Agency, British Waterways Board or the Secretary of State; and
inspectors of Weights and Measures (trading standards officers).

2. What are relevant representations?

In brief “relevant representations’ is the expression used in the Act for comments including objections on applications etc. For a representation to be relevant it must:

relate to the effect of the grant of the licence on the promotion of the licensing objectives;
be made by an interested party or responsible authority;
not have been withdrawn
not be ‘frivolous or vexatious’ or, in the case of a review, ‘repetitious’ if made by an interested party; or
if it concerns the premises supervisor be made by a chief officer of police and include a statement explaining the reasons for the objection.

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Children

1. What are the offences of particular significance under the Act relating to children?

It will be an offence for certain persons to allow children under 16 on relevant premises that are used exclusively or primarily for the supply of alcohol, if they are not accompanied by an adult and those premises are open for the supply of alcohol for consumption there;

it will be an offence for any person to allow an unaccompanied child under 16 to be on relevant premises between the hours of midnight and 5am when the premises are open for the supply of alcohol for consumption there;
it will be an offence for any person to supply alcohol to children anywhere, not just on licensed premises;
it will be an offence for a child to buy or attempt to buy alcohol; and
it will be an offence for a child knowingly to consume alcohol on relevant premises.

2. Will children aged under 16 be allowed to buy and consume soft drinks in any premises?

The purchase and consumption of soft drinks are not licensable activities. However, the offence provisions relating to certain categories of premises may mean that unaccompanied children under 16 may not have access to those premises even to buy and consume soft drinks.

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Cinemas & Theatres

1. Do cinemas and theatres need Premises Licences?

Yes, they both require premises licences as performance of plays and the exhibition of films, are classified as regulated entertainment.

2. How do I apply for a Licence?

See information under Premises Licences above.