Licensing Act 2003, Frequently Asked Questions for Businesses Since February 7 2005, the magistrates' court passed to local councils the responsibility for licensing the sale and supply of alcohol to club members.
Under the act, you’ll be able to
- Apply to us for a licence
- Request opening hours to suit business needs
- Have greater freedom to develop control measures to help achieve the Act's four licensing objectives (see below for details)
What is the purpose of the act?
The act modernises the laws governing the sale and supply of alcohol and the provision of public entertainment and late night refreshment, so that
- All existing laws are brought together under one act
- The current restrictions on the hours that alcohol can be sold are removed
- Leisure and cultural opportunities are extended
- Responsible businesses are given the opportunity to develop
- The council has more powers to deal with irresponsible businesses
What are the four objectives of the act?
The four licensing objectives of the act are
- To prevent crime and disorder
- To ensure public safety
- To protect children from harm
- To prevent public nuisance
The act states that when the council is considering an application, it must make sure its decisions support these four objectives.
How is the council involving local businesses?
After consultation with local businesses and residents, we have developed a licensing statement of policy. This policy sets out our approach to our new alcohol, entertainment and late night refreshment licensing responsibilities. We will fully review this document every three years, in consultation with Southwark business owners and residents.
Read our Statement of Licensing Policy (pdf 412 kb). To view this document you need Adobe Reader on your PC.
If you would like to receive a printed copy of our Statement of Licensing Policy, please call us on
020 7525 2000, or email licensing@southwark.gov.uk.
Why has this policy been developed?
We are required to develop a licensing statement policy by law. The policy outlines our proposals to create a vibrant local economy, while taking into account the needs and views of local businesses and residents. The policy provides information to business owners wishing to apply for a licence, and to residents who would like to comment on a licensing application, or existing licence.
What type of businesses will be affected?
The act affects any person or business, selling or supplying alcohol, providing regulated entertainment, such as music, dance, films, plays and indoor sports, or offering hot food or drink after 11pm.
These include
- Bars
- Cinemas
- General stores
- Late night cafes and takeaways
- Members’ sports and social clubs
- Night clubs
- Off-licences
- Public houses
- Restaurants
- Sports centres
- Supermarkets
- Theatres
What do the new laws mean for business owners?
Responsible business owners will have more freedom to develop and expand their business activities. The new laws mean that we can deal more quickly and effectively with irresponsible businesses that are in breach of their licensing conditions.
Does the act mean all businesses can stay open for 24 hours?
No. While some businesses may be granted extended opening hours, these will vary and will depend on business needs, as well as the views of residents and other businesses in the area.
When submitting a licence application, you will need to provide a scale plan of the premises, together with an operating schedule. The schedule will tell us about your business proposals and intended opening hours. If no relevant representations are made, we will grant your application. If relevant representations are received, we'll take them into account and decide what opening hours are acceptable, in line with the licensing objectives.
Will longer opening hours encourage anti social behaviour?
The end to fixed drinking hours is seen as having an important role to play in reducing anti social behaviour. Staggered closing times will help prevent binge drinking and the simultaneous closure of premises. This will help stop the accumulation of large numbers of people on the streets at the same time.
What types of licences will be available?
Premises licence
This is a licence granted in relation to specific premises. It authorises the range of licensable activities that may be provided at that premises, and sets out the conditions under which those activities may operate. This licence is valid for the life of the business concerned. However, the licence can be reviewed at any time, if a relevant issue arises.
Personal licence
This is a portable licence granted to an individual enabling him or her to sell alcohol at any premises licensed for the sale of alcohol. This licence is valid for ten years.
Club premises certificate
This certificate authorises the use of a specified premises for the supply of alcohol, provision of regulated entertainment or late night refreshment to club members, or on behalf of club members. This certificate is valid for the life of the club premises. However, the certificate can be reviewed at any time, if a relevant issue arises.
Temporary event notice
Issued for the occasional use of a specified premises for the sale and supply of alcohol, provision of regulated entertainment or late night refreshment. Temporary event notices are valid for up to 96 hours, for events of less than 500 persons.
As a business owner what do I need to do?
Contact the licensing service for further information. We have a range of guidance documents to help you with your application. Once you have read this information, you should carefully consider your business development proposals.
How do I apply for a licence?
We began accepting licensing applications under the Act from February 7 2005. To apply, please call 020 7525 2000 for an application pack.
Are there any restrictions?
Application requirements depend on the type of licence you are applying for. For instance, new entrants applying for a personal licence will need to be over 18, hold a relevant qualification and have no relevant criminal convictions. If you want to find out what requirements you need to meet for your application, contact us using the details given below.
Who approves my licence application?
As the licensing authority, we are responsible for granting all licences.
Can I appeal against a licensing decision?
If you are not happy with a licensing decision, you have the right to appeal to the magistrates' court. Under the act, the appeals process is also open to local residents and other businesses in the area.
Contact us
If you have any questions about the act, or if you would like to find out more please contact us.
The licensing service
Tel: 020 7525 2000
licensing@southwark.gov.uk
The Chaplin Centre
Thurlow Street
London
SE17 2DG |