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Premises licence

The Licensing Act 2003 transfered responsibility for the licensing of premises to sell and supply alcohol away from the Magistrates Court to the Council.  Existing legislation concerning public entertainment and night café licensing has been replaced under the Act - all these activities are now covered by the new regime.

The fees for Premises Licence applications depends on the non-domestic rateable value of your premises.

What do I need a Premises Licence for?

You need to obtain a licence for the following activities:

• To sell or supply alcohol by retail
• To provide regulated entertainment or provide entertainment facilities
• To sell late night refreshment - selling hot food or drink between 11.00pm and 5.00am for consumption on or off the premises, unless you are a hotel, staff canteen or campsite

Exemptions

• Alcoholic hot drinks or hot drinks containing alcohol (although consent to sell alcohol will still be required)
• Hot drinks distributed by a machine that is operated solely by the customer.
• Hot food or hot drink supplied free of charge, where there is also no charge for admission to any premises, or for some other item to obtain the hot food or hot drink.
• Hot food or hot drink supplied by a registered charity or by a person authorised by a registered charity (i.e. a charity which is registered under the Charities Act 1993 or a charity not required by he Charities Act 1993 to be registered).
• Hot food or hot drink supplied on a vehicle, which is not permanently or temporarily parked at the time.
• Hot food or hot drink supplied to members and guests of recognized clubs that hold a Club Certificate.
• Hot food or hot drink supplied to hotel and bed and breakfast guests.
• Refreshments in staff canteens where the staff are required to work between 11.00pm and 5.00am.

Regulated Entertainment?

The following kinds of entertainment are subject to regulation:

• Plays including Theatres
• Film exhibitions including cinemas
• Indoor sporting events
• Boxing or wrestling exhibitions
• Live music (karaoke included)
• Recorded music, DJ karaoke
• Dancing by the public or performers
• Any entertainment similar to that described in 5, 6 or 7 above.

But only where -

• The entertainment is provided in front of an audience or spectators and is for the purpose of entertaining those persons AND
• The entertainment is to any extent to members of the public or for consideration and with a view to profit. The charge must be made by or on behalf of the organisers or management of the entertainment or the premises, and must be paid for by or on behalf of some or all of the persons for whom the entertainment or facility is provided. This would include, for example, letting out a room in your premises for people to use for wedding receptions.

You still need a licence for regulated entertainment, even if you are just providing facilities for making music, dancing, or entertainment of a similar description.

This means, for example, that you require a licence for:

• Having a piano on the premises for the use of customers or performers
• Having a dance floor on the premises
• Providing a video jukebox

Exemptions from the requirement for a Premises Licence for Regulated Entertainment

• Films which are solely or mainly to demonstrate a product, advertise goods or services, or provide information, education or instruction
• Films as part of an exhibition in a museum or gallery
• TV and radio broadcasts, providing they are shown 'live' and not recorded
• Religious meetings or services
• Entertainment in places of public religious worship
• Garden fetes (unless held for private gain)
• Entertainment provided in a moving vehicle
• Morris dancing
• Incidental entertainment.

Consent for regulated entertainment is not needed when the entertainment is provided for background entertainment. This is sometimes a difficult area and if you are unsure you should contact us for advice. Examples of 'incidental' entertainment are:

• a supermarket playing background music (people go there to shop - the music is not an influencing factor)
• music during keep fit classes (people are there to exercise)
• salsa dance classes (people are there to learn to dance)
• a pub jukebox playing in the background (people are there to drink, the music is not an influencing factor).

Where do I get an application form for a Premises Licence?

Application forms and guidance notes can be viewed and downloaded from the Department for Culture, Media and Sport website

For 'one-off' events you may be able to submit a Temporary Event Notice. Full details can be found under 'Temporary Event Notices (TENS)' at www.culture.gov.uk

Designated Premises Supervisor

Additionally, all premises operating under a Premises Licence to sell or supply alcohol must appoint a Designated Premises Supervisor (DPS) for the premises. There can only be one DPS per premises. The DPS will be held as the person in overall charge of the premises. You should therefore choose this person with care.

You have to nominate the DPS on your application form. This person does not have to be on the premises at all times, but they must take responsibility for what happens there. This means the DPS should ensure any staff they appoint are appropriately trained in the requirements of the Licensing Act 2003 and of any specific conditions attached to the Premises Licence.

A person cannot become a DPS unless he is also a Personal Licence Holder.

The application procedure is described in the notes attached to the application form.

This information has been made as comprehensive as possible. However, in attempting to simplify the law, certain requirements have been omitted. Full details of what you must do are in the legislation itself. This can be viewed at www.culture.gov.uk. We must advise that only the Courts can give an authoritative opinion on statute law.

All applicants are advised to seek independent legal advice in respect of the Licensing Act 2003 and prescribed regulatory procedures.

Licensing
Bridgnorth District Council
Westgate
Bridgnorth
WV16 5AA

Tel: 01746 713 270
Fax: 01746 764414
Email: licensing@bridgnorth-dc.gov.uk