Licensing Act 2003

The Licensing Act 2003 is already in force. We are now in the transition period when licensees must apply to change their licences from those granted under the old licensing regime to those granted under the new law.

AFTER 24 NOVEMBER (i.e. the second appointed day), OLD JUSTICES' LICENCES WILL CEASE TO HAVE ANY EFFECT!

The new Act introduces a new system for dealing with licences. The responsibility for licensing the sale of liquor moves from magistrates at transfer sessions to local authorities (in Cornwall, the six district councils). Different types of licences will be issued.

You no longer need separate licences for the provision of alcohol and entertainment. One licence call a ‘Premises Licence’ is required. This allows ‘licensable activities’ to be provided at your premises. The sale of liquor must be authorised by a ‘Designated Premises Supervisor' who is in day-to-day control of the premises. S/he must hold a Personal Licence.

To allow you to apply for the necessary Personal and Premises Licences a six-month changeover period started on 7 February 2005 (the transitional period). During that period you can apply to convert your licences under the old system to your new licence.

If you apply you are guaranteed to keep most of the consents and hours that you currently enjoy. However, you can also apply to vary your licence. If you do not apply during the six-month period (i.e. by 6 August) your licences could expire on 24 November 2005 and you will not be able to continue trading.

THEREFORE, YOU MUST ACT NOW!

Personal Licence

• For the first time there will be separate licences for you personally and for your premises.
• You will need a Personal Licence if you wish to sell alcohol.
• If you want to supply liquor in a members club, or simply provide regulated entertainment or supply hot food between 11pm and 5am you will not need a Personal Licence.

Premises Licence

Licensable activities which need a Premises Licence are as follows:-

a) The sale of alcohol
b) The supply of alcohol in a qualifying club (previously a registered club)
c) The provision of regulated entertainment
d) The provision of late night refreshment.

One or all of these activities can be included on a single Premises Licence.

To provide licensable activities to the public you are going to need one of three types of permission.

Premises Licence - this will be the most common of the three types of permission and may authorise the sale by retail of alcohol, the provision of regulated entertainment and the sale of hot food between 11pm and 5am. Such licences will be held by pubs, nightclubs, restaurants, off licences, supermarkets, theatres, cinemas, etc.

Club Premises Certificate - this will be used for the supply of alcohol to members and guests of the club and the provision of regulated entertainment within the club.

Temporary Events Notice - this will be used to permit the sale by retail of alcohol, the provision of regulated entertainment, the supply of hot food or drink between 11pm and 5am on a temporary basis.

24 HOUR LICENSING – The End of Permitted Hours

The new law does not set permitted hours and you may apply to your district council for up to 24 hours a day trading. However each application is subject to the views of the police, local residents, environmental health and others and the district councils' licensing committees will decide what hours are set.

Who should I contact if I need help?

Follett Stock offers assistance with all licensing needs, whether you want to apply to convert your existing licence or to amend your existing licence to include other activities. The department consists of Martin Follett, Richard Scrase and Lisa Aldridge.

We offer a fixed fee service as follows:

Application for conversion (Premises licence): £100 plus VAT
Application for conversion (Personal licence): £25 plus VAT (for each Personal licence)
Application for a variation to an existing licence: £200 plus VAT

For further information telephone Richard Scrase (01872 245178) or Lisa Aldridge (01872 245172) today!