533:
application on
Responsible Authorities, which include: the licensing authority (the council), the police, the fire authority, the body of responsible for health and safety enforcement, the body responsible for dealing with pollution (Environmental Health), a body responsible for advising on Child Protection issues, the planning authority, and the weights and measures/trading standards authority. Responsible Authorities can make representations to the licensing authority about an application. The application must also be advertised by way of a blue notice displayed on or near to the premises for 28 days and in a local newspaper on one working day within ten working days of making the application. In addition to the Responsible Authorities, the act allows for any "other person" to make representations. If representation is made, the licensing authority must hold a hearing in most cases.
34:
716:
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Environmental Health have three working days to make an objection. Anyone who does not have a personal licence can give only five notices a year, while a personal licence holder can give 50. A TEN can only be given in respect of the same premises fifteen times in a calendar year. On 25 April 2012 a late TEN was introduced, which can be submitted between five and nine working days before the event and should only be used when unforeseen circumstances lead to short notice.
620:
provisions are in place to stop persons under the age of 18 from buying it) and the police have no objections, the event can proceed. The council cannot impose any further conditions, limitations or restrictions, but if the authority is convinced that any of the above limits will be exceeded, or they uphold a police objection (which can only be made on the grounds of crime prevention), they will issue a counter-notice which effectively cancels the TEN.
634:
468:
330:
of a range of authorities in relation to the licensing objectives. This flexibility is intended to minimise public disorder resulting from a set closing time whereby numerous intoxicated individuals may leave licensed premises simultaneously at 23:00. It is also an effort to decrease the culture of "binge-drinking".
762:
The new requirement that there be a licence for the playing of live music in any venue, no matter how small, has been criticised for reducing the number of places where artists can play to tiny audiences. There have been press stories about how the law unreasonably singles out the playing of musical
607:
Any person over 18 can serve the local authority and local police with a temporary event notice (TEN) for an event which would normally need a premises licence, but which would be for a maximum period of 168 hours, and for a maximum number of 499 people. Examples of events that could be covered by a
568:
Although not specifically referred to in the original act, guidance is provided for the establishment of
Cumulative Impact Zones (CIZ), which allows Licensing Authorities to designate an area as such when there is evidence that the accumulation of licensed premises within it may cause one or more of
352:
Each local authority must set up a licensing committee with between ten and fifteen members; it is assumed that most member level decisions will be made by a sub-committee of three. The committee can and is expected to have a scheme of delegation for different types of decision; this means that many
790:
Any premises that had an old-scheme licence were able to apply for that licence to be converted; provided there was no material change in the use of the premises, the local authority was effectively bound to agree to the conversion. Licensees had to apply for this by 6 August 2005. By that date, it
588:
A personal licence allows a person to sell or authorise the sale of alcohol under the authority of a premises license. Anyone can apply for a personal licence to the licensing authority for the area in which they live. They must show a licensing qualification and a criminal record clean of relevant
329:
Flexible opening hours for licensed premises, with the potential for up to 24 hour opening, seven days a week, are available. As well as the flexibility, the granting of these new type of licences is to be subject to consideration of the impact on local residents, businesses, and the expert opinion
694:
The act made a few important changes to the current law regarding children and alcohol, although they were not publicised at the time. For instance, a rule allowing children under eighteen years of age to sell alcohol in supermarkets is extended to all licensees, as long as "the sale or supply has
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A premises licence is required for any premises offering licensable activities. Once a licence is granted, it is valid until it is either surrendered or lapses in accordance with the act, in contrast to previous schemes, where the licence generally had to be renewed annually. The application for a
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TENs must be submitted at least ten working days before an event is due to start. Notice is given to the council responsible for the area in which the event is to be held. A copy of this notice must be sent to the police that cover that area and the
Environmental Health department. The police and
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There is no need for permission for a temporary event; the prospective premises user only has to formally notify the council and police that the event will take place. So long as the criteria noted above are met (as well as any others that may apply, for example, if alcohol is being sold, that
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A premises licence that includes the sale of alcohol must name an individual who holds a personal licence granted under the act. This person is known as the designated premises supervisor (DPS) and must sign a consent form agreeing to being named as the DPS. Applicants must serve a copy of the
799:
In a report on the new legislation in
November 2006, the Institute of Alcohol Studies reported that one year after implementation "opinions were divided, as expected, leading to the unavoidable polarisation of the debate, increasingly centred upon the misguided notion of ‘24 hour drinking’".
294:, provide regulated entertainment, or provide late night refreshment. It allows some or all of these licensable activities to be contained in a single licence—the premises licence—that replaced other schemes. Responsibility for issuing licences is given to local authorities, specifically
454:"Late night refreshment" is defined as the supply of hot food or drink (i.e., food or drink that is either served at, or has been heated on the premises to, a point above ambient temperature) to the public for consumption, both on or off the premises, between 23:00 and 05:00.
754:. Conversely, those against the legislation believe that binge drinking will increase, as drinkers will have more time to get drunk. One retired chief superintendent reflected that the act had “placed extraordinary demands on already stretched police resources”.
770:. Its report, issued in July 2007, reported that overall "the Licensing Act has had a neutral effect on the UK’s live music scene", but recommended there should be more flexibility of the application of the Act on smaller premises. However, the introduction of
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been specifically approved by that or another responsible person", thus making it legal for people under 18 to work in a bar. However, children working behind bars are monitored by other legislative acts such as the
Children and Young Persons Act 1933.
210:
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had not. Although the right to convert current licences expired on 6 August, premises could still apply as "new" premises, without benefiting from a grandfather clause. The new licensing laws came into effect at midnight on 24 November 2005.
336:
The single integrated premises licence, bringing together the six existing licensing regimes (for alcohol, public entertainment, cinemas, theatres, late night refreshment houses, and night cafés) to cut down on bureaucracy and simplify such
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A research study in the London
Borough of Southwark found no evidence that CIZ establishment reduced the number of successful applications nor impacted on the relative proportion of licence applications receiving objections.
220:
145:
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reported that there were 176,400 licensed premises in
England and Wales. Only 5,100 premises have 24 hour licences, most of which (65 per cent) are hotel bars. Only 460 pubs, bars, or nightclubs have 24 hour licences.
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51:
An Act to make provision about the regulation of the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment, about offences relating to alcohol and for connected
185:
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The act has caused some controversy. Some
British drinkers and many tourists are frustrated with the traditional closing time of 23:00, as opposed to the more liberal drinking regulations elsewhere in
589:
offences. The local authority can only refuse such an application on police advice. The licence lasts indefinitely after changes to legislation were made, where it had to be renewed every 10 years.
343:
A new system of personal licences relating to the supply of alcohol that enables licence holders to move more freely between premises where a premises licence is in force than is currently the case.
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Someone under the age of eighteen attempting to purchase alcohol for the first time in
English law is considered a criminal offence, and is punishable by a fine of up to £1,000 (or level 3 on the
155:
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in a summer fair. TENs also cover licensing over alcohol to clubs, entertainment or late night refreshment (serving hot food between 23:00 and 05:00). A notice currently costs £21.00.
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Any person or responsible authority can apply to the licensing authority for a review of an existing premises licence, with the aim of amending its conditions or revoking it entirely.
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premises licence requires the completion of an operating schedule, and the offering of conditions to be included on the premises licence and a plan of the premises.
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TEN include a pub wants to stay open all weekend for a special occasion, but does not want to apply for, or cannot get, a licence allowing this all the time; or a
991:
Department for
Culture Media and Sport - The Live Music Forum delivers its verdict - "Small scale live music events impacted on by new licensing laws" - Sharkey
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are likely to be engaged). It has been suggested that councillors should not be involved in any way in decisions on premises in their ward, and the
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as part of the licensing system for live music has been criticised by Sharkey and others for the restrictions imposed on music promoters in
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873:"Controlling alcohol availability through local policy: an observational study to evaluate Cumulative Impact Zones in a London borough"
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The Licensing Act sets out four licensing objectives of no preferential order which must be taken into account and adhered to:
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The concerns raised led to the Live Music Act 2012 which has resulted in Live Music being delicensed in certain circumstances.
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556:; an interested third party who disagrees with a decision to grant a licence can also appeal against the council's decision.
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EWCA Civ 31), and should make its decisions in accordance with the principles of natural justice and with regard to the
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Anyone who already had a licence under the previous licensing schemes in their name – typically a pub landlord – were
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has advised that only councillors who are members of the committee should have any role in considering applications.
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and further afield, and believe extending drinking times will reduce "drinking against the clock", a precursor to
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and an amendment or repeal contained in Schedule 6 or 7 has the same extent as the enactment to which it relates.
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If an applicant does not live within a local authority's area, they can apply to any authority of their choice.
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applications will be decided by officers. The full committee is expected to receive monitoring reports.
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Cumulative Impact Assessments were formally included in the Licensing Act 2003 (as Section 5A) by the
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Grant the licence with conditions that match the operating schedule (and conditions can be added)
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in the presence of an audience (which may be just one person). There are exceptions (e.g.,
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In Scotland there is a fifth licensing objective: protecting and improving public health.
8:
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instruments when compared to other forms of entertainment, such as circus performances.
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Please help update this article to reflect recent events or newly available information.
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under a system of licensing committees. It came into effect midnight, 24 November 2005.
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Hope and Glory Public House Ltd, R v City of Westminster Magistrates Court & Ors
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To deal with the concerns raised, the Live Music Forum was set up, chaired by
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Reject the application entirely. An unsuccessful applicant can appeal to the
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Sharpe, C. A.; Poots, A. J.; Watt, H.; Franklin, D.; Pinder, R. J. (2018).
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the licensing objectives to be undermined if further licences are granted.
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286:. The act establishes a single integrated scheme for licensing premises in
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Guidance issued under section 182 of the Licensing Act 2003, chapter 13
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Refuse to accept the person specified as DPS (only on police advice)
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Article on the Licensing Act in Web Journal of Current Legal Issues
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After the hearing, the authority can make one of five decisions:
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a boxing or wrestling entertainment (both indoors and outdoors),
1027:"How Form 696 could pull the plug on the capital's music scene"
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Approve different part of the premises for different activities
211:
Sporting Events (Control of Alcohol etc.) (Amendment) Act 1992
1133:
Proposed changes to the Licensing Act 2003 (Home Office)
870:
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Exclude some licensable activities from the application
221:
Public Entertainments Licences (Drug Misuse) Act 1997
1004:"Sharkey Warns MPs On Policing Of Concert Licensing"
146:
Private Places of Entertainment (Licensing) Act 1967
1018:
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791:was reported that most pubs had applied, but many
417:In turn, "regulated entertainment" is defined as:
104:See section 201(2) and the orders made thereunder.
356:The committee is not regarded as quasi-judicial (
1144:
1128:Department for Culture, Media and Sport (DCMS)
926:Crossing the Line: Lessons From a Life on Duty
852:The Licensing Act 2003, sections 201(3) to (5)
75:, except that section 155(1) also extends to
952:"New music rules could halve number of gigs"
785:
410:the provision of late night refreshment, and
400:The act defines "licensable activities" as:
662:. Unsourced material may be challenged and
563:
496:. Unsourced material may be challenged and
322:Key measures contained in the act include:
244:The Licensing (Northern Ireland) Order 1996
186:Licensing (Occasional Permissions) Act 1983
922:
602:
891:
682:Learn how and when to remove this message
516:Learn how and when to remove this message
413:the provision of regulated entertainment
395:
805:Department for Culture, Media and Sport
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623:
1153:United Kingdom Acts of Parliament 2003
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596:without applying for a qualification.
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156:Late Night Refreshment Houses Act 1969
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379:The prevention of crime and disorder,
260:Text of statute as originally enacted
121:Universities (Wine Licences) Act 1743
709:
660:adding citations to reliable sources
627:
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494:adding citations to reliable sources
461:
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447:and similar) and refinements (e.g.,
388:the protection of children from harm
310:, who took over this power from the
366:European Convention on Human Rights
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1002:Paine, Andrew (11 November 2008).
385:prevention of public nuisance, and
267:Revised text of statute as amended
226:Licensing (Young Persons) Act 2000
14:
1169:
1158:Alcohol law in the United Kingdom
1114:, as originally enacted from the
1095:
1060:"Licensing Act 2003: one year on"
1038:from the original on 14 June 2022
978:"Clowns' tears at live music ban"
835:The citation of this Act by this
818:Zoo Bar (Halifax, West Yorkshire)
436:any playing of recorded music, or
216:Licensing (Sunday Hours) Act 1995
201:Licensing (Retail Sales) Act 1988
1058:Rapley, Emilie (November 2006).
714:
632:
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284:Parliament of the United Kingdom
39:Parliament of the United Kingdom
32:
1082:"GNN - Government News Network"
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407:the supply of alcohol in clubs,
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1062:. Institute of Alcohol Studies
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950:Gibson, Owen (2 August 2005).
943:
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206:Licensing (Amendment) Act 1989
191:Licensing (Amendment) Act 1985
181:Licensing (Amendment) Act 1981
176:Licensing (Amendment) Act 1980
171:Licensing (Amendment) Act 1977
166:Licensing (Amendment) Act 1976
151:Licensing (Amendment) Act 1967
131:Sunday Entertainments Act 1932
1:
929:. London: Orion. p. 19.
823:
241:Licensing (Scotland) Act 2005
1034:. London. 21 November 2008.
451:is considered to be music).
433:a performance of live music,
364:(Articles 1, 6 and 8 of the
7:
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776:Metropolitan Police Service
705:
578:Policing and Crime Act 2017
404:The retail sale of alcohol,
370:Standards Board for England
141:Refreshment Houses Act 1964
10:
1174:
1124:to the Licensing Act 2003.
290:used to sell or supply of
126:Sunday Observance Act 1780
18:United Kingdom legislation
980:. BBC. 22 September 2008.
923:Sutherland, John (2020).
786:Implementation of the act
723:This section needs to be
427:an indoor sporting event,
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880:Journal of Public Health
803:On 8 November 2007, the
564:Cumulative Impact Policy
424:an exhibition of a film,
421:A performance of a play,
333:Single premises licences
68:Territorial extent
603:Temporary event notices
161:Sunday Theatre Act 1972
1112:The Licensing Act 2003
1104:, as amended from the
1102:The Licensing Act 2003
439:a performance of dance
326:Flexible opening hours
893:10.1093/pubmed/fdx167
396:Licensable activities
362:Human Rights Act 1998
312:justices of the peace
300:metropolitan boroughs
758:Impact on live music
656:improve this section
624:Children and the act
490:improve this section
348:Licensing committee
304:unitary authorities
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554:magistrates' court
276:Licensing Act 2003
196:Licensing Act 1988
136:Licensing Act 1964
22:Licensing Act 2003
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1122:Explanatory notes
1116:National Archives
1106:National Archives
936:978-1-4746-1238-8
839:is authorised by
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488:Please help
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318:Key measures
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100:Commencement
94:10 July 2003
90:Royal assent
15:
1066:21 February
1042:20 February
1010:20 February
1006:. Billboard
837:short title
506:August 2016
337:provisions.
1147:Categories
824:References
235:Relates to
62:2003 c. 17
47:Long title
672:July 2015
643:does not
610:beer tent
477:does not
52:purposes.
1036:Archived
958:. London
910:29237031
812:See also
772:Form 696
706:Reaction
58:Citation
774:by the
725:updated
664:removed
649:sources
498:removed
483:sources
449:karaoke
292:alcohol
933:
908:
780:London
748:Europe
306:, and
962:7 May
876:(PDF)
84:Dates
1068:2009
1044:2009
1012:2009
964:2010
931:ISBN
906:PMID
647:any
645:cite
481:any
479:cite
274:The
898:hdl
888:doi
702:).
658:by
492:by
280:act
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