Community premises and village halls
Community premises as defined under the Licensing Act 2003 can apply to have the standard mandatory conditions requiring a DPS removed from their premises licence. The application form is available online. This will enable sales of alcohol to be made on the premises under the supervision of the management committee and without the authorisation of a personal licence holder.
Only the management committee of the premises can apply for the disapplication. The licensing authority must be satisfied that arrangements for management of the premises by the committee of board are sufficient to ensure the adequate supervision of the supply of alcohol on the premises. This can be done by:
- Submitting a copy of the club policy on alcohol
- The hiring agreement for the premises
- Training records for supplying alcohol
- Copies of incident/refusal book
New premises licence applications by community premises need to be made using the standard application form for a new premises licence. This should be accompanied by the prescribed form for requesting the removal of the mandatory DPS condition. There is no extra charge for new applicants.
The application form can be downloaded below and submitted to the Licensing team by post or via email with the supporting documents. The fee can be paid online, at the council offices or via cheque made payable to Basingstoke and Deane Borough Council.
- Deregulation - what do I not need a premises licence for?
The Legislative Reform (Entertainment Licensing) Order 2014 came into force in April 2015, this changed a number of areas of regulated entertainment as follows, and allows a number of premises to hold regulated entertainment without needing a licence:
Live Music - from 6 April 2015
- Live unamplified music deregulated between 8am-11pm on any premises
- Live amplified music deregulated between 8am-11pm provided the audience does not exceed 500
- However, live music can become licensable in on-licensable premises if the licensing authority removes the effect of the deregulation following a licence review ("licence review mechanism")
Recorded Music - from 6 April 2015
- Recorded music deregulated between 8am and 11pm in on-licensed premises provided the audience does not exceed 500
- However, recorded live music can become licensable following a licence review ("licence review mechanism")
- Unlike live music - deregulation of recorded music does not apply to workplaces which could affect whether the activity can take place in outside areas.
Community premises - new exemption from 6 April 2015
- Live music or recorded music between 8am and 11pm in a:
- church hall
- village hall
- community hall or other similar community premises
- that is not licenced to sell alcohol provided that:
(a) the audience does not exceed 500, and
(b) the organiser gets consent for the performance from a person who is responsible for the premises.
Olympic wresting disciplines - new exemption from 6 April 2015
- A contest, exhibition or display of Greco-Roman wrestling, or freestyle wrestling deregulated between 8am and 11pm, provided that the audience does not exceed 1000
- An indoor boxing or wrestling cannot also be an indoor sporting event
- Any contest, exhibition or display that combines boxing or wrestling with one or more martial arts (combined sports fighting) is whether indoors or not a boxing or wrestling entertainment.
Incidental Film - amendment to Part 2 schedule 1 of the licensing act 2003
Incidental film - an exhibition of moving pictures is not licensable if it is incidental to some other entertainment activity which is not itself a description of entertainment. This includes activities which are now exempt. For example, the incidental film exemption can apply to an indoor sporting event or a performance of a play or dance for which no licence is required as long as it take place between 8am-11pm to an audience of the specified amount as such activities are no longer a description of entertainment under the act.
- Depends on the facts in each case
- Does the appearance of moving pictures within another activity, for which no licence is required undermine the promotion of the licensing objectives?
No licence is required for 'not for profit' film exhibition held in community premises between 8am and 11pm on any day provided that the audience does not exceed 500 and the organiser (a) gets the consent to the screening from a person who is responsible for the premises and (b) ensures that each screening abides by age classification rating.
Summary: What will still be licensable?
- Any entertainment activity after 11pm at night
- Most forms of entertainment activity in the presence of an audience of more than 500 people (with a few exceptions)
- Any sale of alcohol
- What if I need further guidance?
The licensing team are able to offer limited guidance and advice on completing application forms, but are not able to complete your application for you. If you require detailed advice on your application it is recommended that you seek independent legal advice.
Should you require guidance with a licensing officer once you have completed your application form, please contact the licensing team by phone or email to make an appointment. Officers have busy diaries to please ensure you have allowed sufficient time for submitting your application within your desired timescale.
- Further useful links