Licensing Update

The new Licensing Act 2003 transfers responsibility for licensing premises and persons selling alcohol from the courts to local authorities.

The overall aim of the Act is to modernise existing legislation governing the sale and supply of alcohol, the licensing of public entertainment and the provision of late night refreshment, so that:

• various existing pieces of legislation are brought under a single Act;
• licensing decisions are made according to local considerations;
• licensing hours are deregulated (i.e. the current restrictions on the hours when alcohol can be sold are removed).

Under the new regime, licensable activities will be controlled by the issue of a single premises licence, issued by the council. In addition, the individual running the premises will have to obtain a personal licence to do so.

Following publication of the draft regulations which will implement the Act, the Government has now carried out consultation on initial and annual licensing fee levels.

The proposed fee bands for a premises licence are set according to non-domestic rateable values as follows: 
 

Band	Non-domestic RV	Up-front Cost	Annual Renewal Fee
A	£0 - £4,300	£80	£40
B	£4,301 - £33,000	£150	£125
C	£33,001 - £87,000	£250	£175
D	£87,001 - £125,000	£350	£200
E	£125,001 +	£500	£225

The proposed fee for a personal licence is £37. In addition, one of the conditions for acquiring a personal licence is that the applicant must hold a new personal licence qualification. The syllabus and details of bodies accredited to award the qualification are available on the website of the Department for Culture, Media and Sport (DCMS).

There are a number of other fees and charges that must be paid by applicants and those giving notices under the new regime. A full copy of the consultation is available on the DCMS website.

Licensing Authorities can begin processing applications for licences and certificates under the new regime on 7 February 2005. Holders of ‘existing licences’ can apply to convert their current licences during a transition period which runs from 7 February to 6 August 2005. The Act also makes provision for those holding a justice’s licence to apply for a personal licence without the need to possess the new qualification, provided they make their application during the transition period. The new regime will commence in November 2005.

 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.