The Licensing Act 2003 modernises the licensing laws regarding the sale and supply of alcohol, the provision of late night refreshment and various regulated entertainments.
The Act sets out four key licensing objectives:
- The prevention of crime and disorder
- The prevention of public nuisance
- Public safety
- The protection of children from harm
These objectives underpin the way in which the council in its role as the licensing authority deals with licence applications and regulates licensed premises.
The licensing authority must produce a written statement detailing how it proposes to deal with licensing matters within its borough. A copy of the Basingstoke and Deane Borough Council statement of licensing policy can be found by clicking on the link on the left.
Any person wishing to use a premises for licensable activities must be in possession of a licence issued under the Act by the local authority.
Premises Licences
You will need a Premises Licence if you provide any of the following activities at a premises:
- sale of alcohol by retail,
- supply of alcohol for a club
- regulated entertainment (e.g. films, plays. live/recorded music, dancing etc.)
- sale of hot food and/or drink between 11.00 pm and 5.00 am
A 'premises' means any place and includes vehicles, vessels and moveable structures.
A Premises Licence which authorises the sale of alcohol must include a person named as the Designated Premises Supervisor (DPS). This will normally be the person who is in day to day charge of the premises. He/she must hold a Personal Licence. If the DPS leaves and is not replaced then all alcohol sales must cease until such time as a new DPS has been appointed and the licence varied to include the new DPS.
All premises authorised to sell alcohol will be subject to the Mandatory Conditions set out under the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010. A copy can be downloaded below.
Club Premises Certificates
Any members club that wishes to provide licensable activities must be in possession of a Club Premises Certificate issued by the local authority. Only clubs acting as a bone fide club, acting in good faith and in accordance with club rules can be granted a Club Premises Certificate. The application process is very similar to that of a premises licence and information can be found in the guidance notes below. A club is not required to nominate a designated premises supervisor on the certificate.
Variation to a licence or club premises certificate
Should a licence holder wish to make changes to their premises licence or club certificate such as varying the hours and types of licensable activities that are provided. These changes must be applied for by making an application to vary your licence or club premises certificate. A variation that is likely to impact on the promotion of the four Licensing Objectives detailed above will require a standard variation application to be made under section 34 of the Act for premises and section 71 of the Act for clubs. The forms and notes are attached below.
The process for New or Variation Premises licence/Club Certificate applications is quite complex and requires applicants to send copies of the entire application to the relevant Responsible Authorities. There is also a requirement to advertise your application in a local newspaper or other periodical that circulates in the vicinity of the premises. The applicant will also be required to display a blue public notice prominently at the premises detailing a summary of the application. Local residents, Ward Members, residents and businesses may make a representation to the council about the grant of or a change in a licence if the believe the application would undermine the licensing objectives. Further guidance can be found at the below link.
Guidance on Making a Representation
Minor Variations
A new procedure has been implemented under section 41(a) for premises and section 86(a) for clubs to allow for the application of minor variations. These will include small changes that will not impact on the promotion of the Licensing Objectives. Guidance notes on the Minor Variations application process can be downloaded below.
Premises Licence Transfer
Any person looking to take over responsibility for an existing licensed premise must submit a premises licence transfer application to the Licensing Team. They must obtain the consent of the current licence holder, complete an application form and pay the relevant fee of £23.00. The application will then be subject to a 15 day consultation period with the Licensing Police Officer.
DPS Variation Application
Any premises licence holder wishing to change the Designated Premises Supervisor responsible for the sale of alcohol at their premises must submit a DPS Variation Application to the Licensing Team. They must provide a consent form signed by the proposed DPS, a completed application form and the relevant fee of £23.00. The application will then be subject to a 15 day consultation period with the Licensing Police Officer.
Review Hearings
Occasionally, activities at licensed premises and clubs can lead to problems. On the rare occasion this happens, the council will try and resolve the issues informally. However, any of the ‘responsible authorities’, or 'interested parties' defined under the Act, can apply for the council to review a licence because of matters arising at the premises in connection with any of the four licensing objectives. Further guidance and details of current applications for reviews of premises licence/club premises certificates can be found at the below Link
Guidance on Review Hearings
Personal Licence
A Personal Licence authorises the holder to supply alcohol or authorises the supply of alcohol in accordance with a premises licence. A Personal Licence is a requirement for any person wishing to become the Designated Premises Supervisor (DPS) of a premises licensed to sell alcohol. Please click on the below link for further information.
Temporary & Occasional Events under the Licensing Act 2003
Premises licences are not necessarily needed for small events involving licensable activities where less than 500 people are likely to be in attendance (including staff) and which last no more than 168 hours. These events can be authorised by way of a Temporary Event Notice. Please click on the below link for further information.
Licence fees
The fees for applications made under the Licensing Act 2003 are set by central government and are therefore outside the control of the Council.
The current fees for 2013/14 can be found at the below link.
Changes to the Licensing Act 2003 now require the Licensing Authority to suspend premises licences and club premises certificates if the annual fees are not paid. Licensees who have failed to pay on time without providing evidence of an acceptable administrative error will be given 2 working days notice that the licence will be suspended. Once suspended it will be an offence to provide licensable activities
Licence fees
Make An Application
Before making an application, please read the relevant notes which can be downloaded below.
You can apply by downloading the relevant forms listed below and on the pages to the left by completing them and then sending those to the Licensing Team with payment and making photocopies of those forms to send to all the responsible authorities. Alternatively you may apply online using the links below.
If you would like assistance in completing the forms the licensing team are happy to help. Please contact us in advance to make an appointment so as to allow sufficient time. It is recommended that you allow at least one hour. If you come in without an appointment we cannot guarantee that you can be assisted immediately.
All Licensing Act 2003 applications excluding Personal Licence Applications can be applied for online in line with the EU Services Directive.
Make an application for a Club Premises Certificate (Includes New and Variation Applications)
Make an application for a Temporary Event Notice
Make an application for a Premises Licence (Includes New Application, Variation Application, Transfer Application, DPS Variation Application and Provisional Statement
Make an application for a Personal Licence
Documents
