Pub licensing law changes 2005

Existing pub licenses expire on 7^th November 2005

Pubs are expected to have applied for a new license before this date

A license is required for any establishment where any of the following takes place:

• Off licences and shops selling alcohol

• Restaurants serving alcohol

• Businesses selling hot food between 11.00 pm and 5.00 am

• Hotels, guest houses and other places that sell alcohol

• Private members clubs, social clubs and sports clubs selling alcohol

• Provision of public entertainment Theatres and amateur dramatic clubs

• Cinemas

• Indoor sporting events

• Occasional entertainments of music or dancing or where alcohol is sold.

ALL licenses will be issued by the local council (No magistrate courts now)

The present standardised licensing hours will disappear and each set of premises will be to apply to have their own set hours.

The following are required for a music pub

Premises Licences

A premises licence will be required for any premises where any of the activities described above take place or retail sales of alcohol take place. Licences are granted to a licence holder and where it includes the sale of alcohol it must specify a designated premises supervisor (who must have a personal licence – see below).

Licences will be subject to conditions such as times of opening but there will no longer be any set opening times across the country. Premises licences will not need renewing unless there is a change to the premises.

Personal licences

Each supply of alcohol must be made or authorised by a person who holds a personal licence. There may need to be a number of people with personal licences working at the same premises. Apart from those people who are granted a personal licence as part of the changeover to the new system, all personal licence holders will, generally, have to be over 18, have no specified convictions, and have a licensing qualification. A personal licence will have to be applied for from the Licensing Authority in whose area the applicant resides, not from the area in which he works. The personal licence will last for ten years before it need to be renewed.

Live Music

The current exemption for liquor licensed premises to provide entertainment with up to two musicians will disappear and the new Premises Licence will have to include such entertainment.

Temporary or Occasional Events

After the 2nd appointed day (expected to be 7th November 2005) occasional liquor or entertainment licences will disappear. If a function is for not more than 96 hours (4 days) and not more than 500 people, all that will be required is for a Temporary Event Notice to be sent to the Council (with the correct fee) and the Police at least 10 days before the function. The Police, and only the Police, can object, in which case the Council will hold a licensing hearing. If the Police do not object, the function can go ahead. Temporary Events Notices are subject to a maximum number of applications for any premises each year. Objecting to licences or applications One of the aims of the new law is to make the licensing system more local and accessible. Whilst there are special arrangements for the granting of successor licences, all new licence applications or variations will be subject to the requirement for locally posted notices and any person living or working in the vicinity or any body representing them will be able to object. Such people or bodies can also apply for a review of existing premises licences at any time.

Clubs

Most non-profit making clubs will be able to apply for a Club Premises Certificate. The supply of alcohol in such clubs will not need to be by someone with a Personal Licence and a Premises Licence is not required. However, only certain qualifying clubs can follow this route and generally these relate to non-profit making clubs such as British Legion, working men's clubs, sports clubs, etc. The existing exemption for clubs, under section 49 of the Licensing Act, which allows for the supply of alcohol by a club to persons other than members and their guests, will disappear.