Licensing Services

Cross Partnership has carried out Licensing Applications for many years under the Licensing Act 1964 involving the Magistrates Courts.

We are now equipped to deal with applications under the new Licensing Act 2003 with the local authorities.

The Licensing Act 2003 came into effect on 24th November 2005

This replaces the old system of Protection Orders, Interim Authorities, Full Transfers, Supper Hours Certificates, Childrens’ Certificates etc. which were granted by the local Magistrates Court and also the Public Entertainment Licence granted by the local Council.

The responsibility of the new system now lies with the local Council.

Although the Licensing Act 2003 is a complicated piece of legislation we give below some very brief guidance which we hope will be of help.

Very basically there are two types of Licence required to run a public house. They are a Premises Licence and a Personal Licence.

PREMISES LICENCE

As the title suggests, this is the licence needed for the premises from which it is intended to trade.

A Premises Licence will be required under the new legislation if you intend to:

1. Sell alcohol either on or off the premises.
   and/or
2. Put on regulated entertainment, such as live music, theatre or cinema.
   and/or
3. Sell hot food or drink after 11pm

When taking over a property it would be advisable to contact the local council to ascertain the following:

1. That a Premises Licence is in existence.
2. In whose name the Premise Licence is held.
3. Exactly what the Premises Licence includes.

Premises Licences can authorise all the licensable activities you wish to carry out at the premises.

The Licensing Act 2003 abolishes standard drinking hours, increasing the options available for people in how to spend their leisure time.

Each premise with a Premises Licence where alcohol is supplied also needs to have a Designated Premises Supervisor (DPS) A DPS must be the holder of a Personal 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.

PERSONAL LICENCE

A Personal Licence allows holders to sell alcohol for consumption on or off any premises covered by a Premises Licence. It also allows you to authorise other members of staff to sell alcohol.

A Personal Licence is completely separate from the Premises Licence, and permits the easier movement of a Personal Licence holder from one premise to another, thus allowing greater flexibility.

A Personal Licence is issued for a ten-year period.

Applications must be made to the Council for the area where the applicant is ordinarily resident unless they live outside England or Wales, in which case the application can be sent to any Council. Renewals will always be made by the Authority which issued the original licence.

Please contact us if you require any further information.

IMPORTANT
The information contained in this section is very simplified. Please do not rely upon any content without seeking the appropriate professional advice.