Licensing: Alcohol, Entertainment and Gambling 

A Premises Licence is an authorisation issued under the Licensing Act 2003. It allows licensable activities comprising the sale and supply of alcohol, regulated entertainment and late-night refreshment (supply of hot food and drinks after 11pm).

There are four licensable activities under the Licensing Act 2003:

1. Sale of alcohol by retail
2. Supply of alcohol on club premises
3. The provision of regulated entertainment
4. The provision of late night refreshment

Regulated entertainment is one of the licensable activities mentioned above and includes these types of entertainment to an audience/members of the public:

• Performance of a play where any of the following apply:
  • The audience exceeds 500 people; or
  • The performance takes place either before 8:00am or after 11:00pm
• Exhibition of a film
• Indoor sporting event where any of the following apply:
  • The audience exceed 1000 people; or
  • The performance takes place either before 8:00am or after 11:00pm
• Boxing or wrestling entertainment whether indoor or outdoor, including combined fighting sports
• Performance of live music, or playing recorded music under certain conditions
• Performance of dance where any of the following apply:
  • The audience exceeds 500 people; or
  • The performance takes place either before 8:00am or after 11:00pm
  • The entertainment involves live display or performance of nudity
• Entertainment of a similar nature to those three above

These are still classified as forms of regulated entertainment whether or not an admission fee is paid by the members of the audience.

There are circumstances where live music or playing of recorded music is not classified as regulated entertainment where there is a premises licence for the consumption of alcohol on the premises between 8:00am and 11:00pm and the audience is below 500 people. There are also a few other exemptions:

• Live music, recorded music or film exhibition which is incidental to an activity which isn’t regulated entertainment
• Live transmission of TV or radio
• Films used in demonstrations or advertising or part of an exhibition
• Music as part of a religious meeting
• Any entertainment on a moving vehicle; and
• Morris dancing or similar and ancillary music

Late night refreshment is the supply of hot food and/or hot drinks to members of the public between the hours of 11:00pm and 5:00am to be consumed either on or of the premises.

The following exemptions mean that providing hot food or drink is not classed as late night refreshment:

• To residents or guests in hotels or similar premises
• To members of a recognised club
• To employees in a staff canteen
• Supplies by a registered charity
• Supplies free of charge provided they are not covered by an admission fee
• Supply of hot drink from a vending machine operated by the customer

Under the Licensing Act 2003 it an offence for a person to carry on licensable activity from or on any premises other than in accordance with an authorisation. Failure to comply could be punished by a term of imprisonment of up to six months, an unlimited fine, or both.

Premises licences are issued by the licensing authority (local council) where the premises are located. For a premises to obtain a licence an application must be made to the relevant licensing authority. In addition, copies of the application must also be supplied to a number of responsible authorities such as police, environmental health, fire authority, planning and child protection.

Notice of the application must be displayed at the premises in full view of the public, and be advertised in a local newspaper. There is then a 28 day public consultation period. This is where the responsible authorities and any other person or business is entitled to make representation to be considered by the local licensing authority.

Objections to a premises licence being granted must be on the basis that it would undermine the promotion of one or more of the four licensing objectives. These are:

1. Prevention of crime and disorder
2. Prevention of public nuisance
3. Public safety; and
4. Protection of children from harm

If representations are received by the licensing authority then a hearing of the licensing sub-committee will be required to determine whether the application is granted. It may be possible to reach an agreement with the parties that have objected prior to the hearing, however, you will also have the opportunity to deal with any concerns at the hearing.

The sub-committee also has the ability to determine whether any objections are relevant and if they are deemed not to be then they have the power to dismiss them.

The length of time required to prepare an application can vary depending on the complexity of the application and the availability of supporting documents required to accompany it. We would usually require up to 2 weeks to prepare the application and liaise with the relevant parties. However, we are also able to be reactive to urgent instructions.

Following submission there is the 28 day consultation period. If no representations are received then the application will be granted at this stage. However, if parties object, then as mentioned above a hearing will be required which will cause further delay.

Please see our page on licensing fees and our fees for providing assistance.

A personal licence allows an individual to authorise the sale of alcohol in any licensed premises and is required for any person to be specified as a Designated Premises Supervisor (DPS).

Not all staff are required to hold a personal licence to sell alcohol. The DPS is able to authorise others to sell alcohol on their behalf.

To obtain a personal licence you will need to be over 18 and completed the Award for Personal Licence Holders (ALPH) training and have no unspent relevant criminal convictions.

We are currently running an ALPH course on every second Tuesday of the month. Find out more and book the course here.

A personal licence lasts indefinitely unless it is suspended or revoked by the licensing authority.

When carrying out the sale of alcohol at a premises you will be required to appoint a Designated Premises Supervisor (DPS). This will be the person who is responsible for the activities carried out on the premises.

The DPS must hold a personal licence (see above), and if your DPS leaves the business then you will be required to appoint a new DPS and update the licence.

A Temporary Event Notice is required when a person would like to hold an event where licensable activities are taking place at a premises that does not have a premises licence.

It would also be needed where the premises licence is not suitable for the event which is taking place, for example, the extension of operating hours or additional licensable activities.

Unlike a premises licence, a Temporary Event Notice (TEN) is notifying the licensing authority that an event is going to take place. As long as there are no objections then you are free to run the event.

However, there are limitations placed on the event such as:

• The number of people attending the event including staff and performers must not exceed 499 people at any one time
• A TEN can only be given on the same premises 15 times in a calendar year
• Any one event cannot exceed 168 hours (7 Days) in total
• There must be 24 hours between events at the same premises when given by the same or an associated person
• A fee must also be paid