The Licensing Act 2003 Mark Curgenven Principal Environmental Health Officer (Licensing)

1. The Licensing Act 2003 Mark Curgenven Principal Environmental Health Officer (Licensing)

2. Magistrates responsibility for alcohol licensing Individual licensed to sell alcohol from a particular premises Separate licences for cinema, theatre, sale of alcohol, public entertainment etc. Applicants for licences have to prove themselves to be “fit and proper” Public entertainment fees set by individual local authorities Porter, perry Dry lounges Wholesale alcohol sales WHAT’S GOING?

3. “Two in a bar” rule Boats not requiring a licence to sell alcohol Children being able to drink in licensed premises Tombolas and raffles need Liquor Licence for alcohol supply Occasional Licences for one-off events Permitted hours Special Hours Certificates Childrens’ Certificates The Brewster Sessions, Intoxicating liquor, Supper Hour Certificates and, for those who are more widely travelled, dry Welsh Sundays! WHAT’S GOING?

4. Ancients Charters Regulatory Reform Orders Police canteens/army messes exempt Council discretion on decisions Football Ground restrictions. WHAT’S GOING?

5. LICENSING ACT HISTORY • Alcohol controls in place for centuries - now dealt with by Magistrates • Entertainment, Cinemas and Theatres dealt with by local Councils • Takeaways not dealt with by anyone • Need to update and review all aspects of regulation • White Paper - “A Time for Reform” - April 2000 • Licensing Act - Became Law 2003

6. SUMMARY OF THE MAIN PROPOSALSTHE CONCEPT • Provide a new system which will control the sale and supply of alcohol, the provision of all forms of public entertainment and the provision of refreshment late at night where alcohol may not be involved. • Provide greater freedom and flexibility for the leisure and hospitality industry so that the public may be offered greater choices • Balance the greater freedoms by providing tougher powers for the Police, Courts and Licensing Authority to deal with those who act against the public good.

7. SUMMARY OF THE MAIN PROPOSALSTHE “HOW” • Premises Licenses required for any place offering public entertainment, refreshment at night and/or alcohol. • Personal Licences issued to individuals allowing them to sell and supply alcohol for consumption on or off the premises. • Both types of Licence will be issued by Local Authorities • There will be no fixed permitted hours or closing times • The Police will have greater power to deal with problems and be able to close premises which are the focus of disorder • Appeals against decisions to the Magistrates Court • New arrangements for the supply of alcohol in registered clubs and boats travelling on inland waterways/coastal excursions

8. MEASURES TO PROTECT CHILDREN • The minimum permitted age for the purchase and consumption of alcohol will be 18 years (with some special arrangements for 16/17 year olds having a meal with an adult). Children will be allowed access to licensed premises (subject to personal licence holder’s discretion and Licensing Authority direction). • Measures to prevent alcohol sales to children will include:- • The creation of new offences:- • Test purchases will be placed on a statutory footing. • The imposition of a new duty for those selling alcohol to satisfy themselves about a customers age.

9. THE PROPOSED ARRANGEMENTS IN DETAIL IMPLICATIONS FOR COUNCILS • The Council, in assuming its new responsibilities, will be required to carry out its functions by promoting the “Licensing Objectives”. These are the matters which the legislation is designed to address:- • The prevention of crime and disorder • Public safety • The prevention of public nuisance • The protection of children from harm. The Council must issue a Statement setting out its Policy.

10. THE PROPOSED ARRANGEMENTS IN DETAIL LICENSING OBJECTIVES The Licensing Objectives are:- • Required to be addressed by each Premises Licence application • The ONLY matters to be addressed by the Authority when considering whether to grant the Premises Licence • The ONLY grounds on which an objection can be made to the grant of a Premises Licence • The ONLY grounds on which a Licensing Authority will be able to refuse or impose conditions on a Premises Licence

11. THE PROPOSED ARRANGEMENTS IN DETAIL THE LICENSING POLICY STATEMENT A Council must, for each 3 year period, determine its Policy with regard to the exercise of its licensing functions and publish a Statement of that Policy before the beginning of that period. The first 3 year period begins on a date to be determined by the Secretary of State and the Policy must be renewed every 3 years.

12. THE PROPOSED ARRANGEMENTS IN DETAIL THE LICENSING POLICY STATEMENT • Before determining its policy for a 3 year period, a Council must consult:- • The Police • The Fire Authority • Appropriate representatives of Premises Licence holders • Appropriate representatives of Personal Licence holders • Appropriate representatives of Club Premises Certificate holders • Appropriate representatives of local businesses and residents

13. THE PROPOSED ARRANGEMENTS IN DETAIL THE LICENSING POLICY STATEMENT • During the 3 year period, a Council must keep its Policy under review and may make such alterations as it considers appropriate. • Any revision must be consulted upon as though it was an original determination. • Following revisions, the Council must publish a statement of the revisions or the revised statement • Secretary of State may make regulations about setting and revising

14. THE PROPOSED ARRANGEMENTS IN DETAIL NOTES ON COUNCIL POLICY STATEMENTS Nothing can override an individual’s right to make representations on any application Focus on matters which are under the control of individual licensees in the premises and the immediate vicinity Need is not a matter for policy - market forces and planning issues decide No quotas or anything that would pre-determine individual applications Saturation Policy Integrating strategies Should not duplicate other controls - eg. Fire Safety

15. THE PROPOSED ARRANGEMENTS IN DETAIL IMPLICATIONS FOR COUNCILS EXERCISE AND DELEGATION OF FUNCTIONS • Each Council must have a Licensing Committee - 10 to 15 members. • A Licensing Committee may establish sub-Committees consisting of 3 members of the parent Committee • Can delegate decisions on unopposed applications to an Officer. • Regulations may be made by the Secretary of State to provide for procedures, conduct of meetings and record keeping.

16. Premises Licences to be issued for places where “Licensable Activities” provided Requirement for Designated Premises Supervisors holding Personal Licences where alcohol is sold or supplied Club Premises Certificates for Members Clubs Temporary Event Notices HOW WILL IT WORK?

17. HOW WILL IT WORK?PREMISES LICENCES • Concept • Detail • Licensable Activities • Alcohol • Regulated Entertainment • Late Night Refreshment • Exemptions • Private Events • Applications • Club Premises Certificates

18. Concept - Designated Premises Supervisor where alcohol sold - Contact The Licence Validity Cessation of Licence Applications Checks Notifications Miscellaneous HOW WILL IT WORK?PERSONAL LICENCES

19. Concept The Notice Validity Limitations Miscellaneous HOW WILL IT WORK?TEMPORARY EVENT NOTICES

20. APPEALS Decisions of Licensing Authority are subject to Appeal - Magistrates Court They can:- • Dismiss the appeal • Substitute any alternative decision which the Council could have made • Send back to Authority with directions to deal with it

21. MISCELLANEOUS AND GENERAL • No Premises Licence, Club Premises Certificate or Temporary Event Notice can authorise sale of alcohol from garages or motorway service areas. • No offences regarding supply of alcohol to under 18 shall apply where:- • 16 or 17 year old • involves beer, wine or cider • with a meal • accompanied by adult 18 or over • Also, the offence of sending a person under 18 to obtain alcohol does not apply where test purchases are being made on behalf of Police or Trading Standards

22. MISCELLANEOUS AND GENERAL There are provisions relating to sale of alcohol by under 18’s under supervision Offence to sell alcohol on or from a vehicle in motion. Legislation will apply to vehicles, vessels and movable structures as though they are premises at the place where they are normally kept. Provisional statements will not, however, apply 2 Magistrates can ban alcohol sales on a train/stations to prevent disorder Offence to give false information Constable or Authorised Person can enter premises to see if unauthorised activity is being held Constable can enter premises if he believes that offence was, is being or will be committed

23. GUIDANCE Secretary of State can make provisions and regulations and give guidance. This may vary from time to time. It may involve procedures to be followed when dealing with applications and where hearings are to be held

24. REVIEWS - HEARINGS “Where relevant representations are made, the Authority must hold a hearing to consider them unless,the Authority, the applicant and each person who has made representations agree that a hearing is not necessary in such circumstances” Guidance Note 6.70 states “The hearing process must not be used to avoid the rather more difficult tests associated with criminal prosecutions. The Authority must also be aware of attempts to deal with cases in this way when prosecutions have failed” 16 MATTERS UPON WHICH A HEARING CAN TAKE PLACE

25. POLICE MATTERS - PREMISES CLOSURES Covered by Part 8 of the Licensing Act 2003 Section 17 of the Criminal Justice and Police Act 2001 provided guidance to Police on temporary closures of premises. 2003 Act will extend this to temporary events

26. POLICE MATTERS - PREMISES CLOSURES Section 160 (power to close premises in an area where disorder likely) is to be used where contingency planning is possible. Superintendent or above can ask Magistrates Court to make an order requiring all premises holding premises licences to close for up to 24 hours. Court may make such order if satisfied that it is necessary to prevent disorder. Constable can use necessary force to close any premises by such an order. Examples include football fixtures with history of disorder or political demos Burden of proof on Police to demonstrate that action is necessary Should only be used where there is no alternative, ie. Where voluntary closures cannot be arranged.

27. POLICE MATTERS - PREMISES CLOSURES Section 161 (power to close individual premises where disorder happens or is likely) is to be used in more immediate circumstances. This section is designed to put pressure on operators to maintain order and minimise anti-social behaviour. Police expected to promote good crime prevention policies and seek good working liaison with licensees. Where this fails, Inspector or above can make an order closing individual premises covered by premises licence or temporary event notice for up to 24 hours where disorder taking or likely to take place or nuisance being caused by noise emanating from the premises. Period can be extended. Senior police officer must consider conduct of licensee or manager before making order. This is not a punishment on licensee - public interest is paramount

28. POLICE MATTERS - PREMISES CLOSURES What is “in the vicinity” - there must be shown to be a causal link between the disorder and the premises concerned. This does not arise in respect of noise from the premises. What is “nuisance” in respect of noise - Police required to judge Not necessary to clear premises when closed Closure order does not have to be for 24 hours - can be 30 minutes Notice must be given in writing

29. TRANSITIONAL ARRANGEMENTS The Secretary of State has announced the “First Appointed Day” as 7th February 2005. On this date, applications can be made under the new arrangements. A second date, nine months later, is the day on which all the new Licences will become valid. The current holders of Justices Licences will be entitled to apply for a Personal Licence with no evidence being provided of a criminal records check or appropriate qualifications. Deemed already to be fit and proper. Police may be able to intervene in this procedure exceptionally. Similarly, the holders of PEL’s, cinema, theatre and LNRH Licences can apply to have their licences converted to Premises Licences. All current terms will be allowed to continue under the new Licence although the form will allow variations to be applied for. Police can intervene in this process only with regard to the prevention of crime and disorder. Where Licences are converted, they will lie “dormant” until the second date when they will all come into force. The old and new systems will therefore run in parallel until the transition is completed.

30. TRANSITIONAL ARRANGEMENTS PREMISES LICENCES - CONVERSIONS All Liquor Licences were due to be renewed at Brewster Sessions in February 2004. Failure to object to the renewal of any of these would pose problems with later objection. If Police believe that crime prevention objective would be undermined by the conversion of a Licence to the new arrangement, 28 days notice to Authority and applicant - hearing automatically triggered. Any decision is limited to crime prevention grounds. Police evidence must show material change since last Licence issued. If no Police objection, Authority must grant. If Authority fails to deal with application within 2 months of application, it will be deemed to be granted.

31. TRANSITIONAL ARRANGEMENTS PREMISES LICENCES - VARIATIONS Where major variation (such as hours of trading), must provide operating plan, copied to responsible authorities and advertised. If no representations, Authority must grant. If valid representations, hearing held and decision made. No action can be taken to reduce what is already held. Dealt with in two months or deemed refused. Right of appeal against decision to amend.

32. TRANSITIONAL ARRANGEMENTS • PERSONAL LICENCES • Conversions must be accompanied by:- • Justices Licence • Photograph • Statement as to convictions • All those named on a Justices Licence can benefit from this arrangement • Copy of application to Police within 48 hours • Objections can be made in relation to the crime prevention objective • Hearing - Decision • Appeal by either side • If Authority fails to deal with application within 3 months, deemed to be granted.

33. POLICE MATTERS - MISCELLANEOUS • Crime and disorder • Protocols • Prosecutions

34. Thank you for taking the time to view the presentation. The Licensing Team hopes you found it useful. Please note that the presentation was prepared in July 2004 to advise of the main implications of the implementation of The Licensing Act 2003 for Licensing Authorities.