OverviewAny business that serves alcohol to customers must be licensed to do so. England and Wales, Scotland, and Northern Ireland, each have their own licensing laws governing this. In England and Wales, there has been radical reform of licensing through the Licensing Act 2003. The new act came into full effect in November 2005.
There has been a recent review of the Scottish licensing system, currently regulated under the Licensing (Scotland) Act 1976. The Nicholson Committee suggests a wide number of changes. These bring Scottish licensing law broadly into line with the situation in England and Wales.
Northern Ireland’s licensing regulations are covered by the Licensing (Northern Ireland) Order 1996. However, a consultation paper,
Liquor Licensing – The Way Forward, was launched on 1 November 2005, setting out the Government’s proposals for the reform of liquor licensing in Northern Ireland, and the consultation period will last until 31 January 2006. At the time of writing there is is no firm timetable for any changes to be implemented.
The Situation In England And Wales
The Licensing Act 2003 has changed the way pubs are licensed in England and Wales. The act amalgamates 6 previous licensing regimes and promotes 4 licensing objectives:
- the prevention of crime and disorder;
- public safety;
- the prevention of public nuisance;
- the protection of children from harm.
Key changes to the act are the following requirements:
- All premises undertaking licensable activities must have a premises licence.
- A designated premises supervisor (DPS) must be named on the premises licence.
- Anyone who authorises the sale of alcohol must hold a personal licence.
Along with these changes, a number of others has been brought in relating to:
- opening hours;
- children in pubs;
- entertainment;
- processing licensing applications.
Processing Applications
Local councils (Licensing Authorities) are responsible for dealing with all licensing applications. The location of the pub dictates which licensing authority will be responsible for processing the licence, or any changes to it. Your local authority will be happy to forward all necessary application forms and guidance notes to you.
Although it is quite possible to make licence applications yourself, normal practice is to use a solicitor experienced in such matters. This ensures that the application is correctly submitted. A solicitor will also be able to advise you if any problems arise.
Premises Licence
Premises where licensable activities take place must be licensed under the act. Such activities include the sale and supply of alcohol, entertainment and late night refreshment. Pubs are therefore required to have a premises licence in order to trade. As part of the application for a new premises licence, an operating schedule must be submitted. This sets out how the premises propose to operate, including opening hours, details of licensable activities, the designated premises supervisor (DPS), and how the licensing objectives are supported by the pub. The premises licence stays in force at the pub and can only be varied by a formal application. In practice, this means that anyone taking on a pub will adopt the operating schedule as per the premises licence. If they want to make changes to the premises licence, they must make an application to the licensing authority and the police. Any changes will be measured against the licensing objectives. Local residents, businesses and other experts will have the right to make representations about the changes. A hearing may result and the decision to adopt, reject or amend the proposals will be made by the licensing authority.
Notice must be given of any changes of ownership or control of the pub to both the licensing authority and chief officer of police. Applicants must be at least 18 years old. In cases where the chief officer of police believes that the transfer may undermine the crime prevention objectives, the police may object to the transfer.
The premises licence must be displayed in a prominent place in the pub.