Licensing Act 2003

Basingstoke and Deane Borough Council is the Licensing Authority under the the Licensing Act 2003. It is responsible for considering, processing and enforcing a range of licences and regulating the carrying on of licensable activities on licensed premises, qualifying clubs and temporary event notices.

We aim to establish in the borough a wide choice of high quality and responsibly managed entertainment and cultural venues which provide a diverse range of licensed activities, community interaction and a variety of places for retail and refreshment; whilst ensuring at all times the safety and amenity of everyone.

There are four licensing objectives which underpin the licensing process under the Licensing Act 2003, each is given equal weight when considering licence applications and enforcement activity:

• Prevention of Crime and Disorder
  
• Public Safety
  
• Prevention of Public Nuisance
  
• Protection of Children from Harm

Further guidance on the licensing objectives can be found in the section 182 guidance which is compiled and issued by the Home Office.

Types of licences

Basingstoke and Deane has a wide range of premises licences across the borough which LA2003 regulates. These include:

• Licensed private members clubs/social clubs
  
• Wholesalers/internet sales of alcohol
  
• Supermarkets
  
• Cafes
  
• Licensed open spaces
  
• Off Licenses
  
• Cinemas/Theatre/Concert Hall
  
• Public Houses
  
• Late night food traders
  
• Hotels and guest houses
  
• Restaurants
  
• Night Clubs
  
• Community premises/village halls
  
• Sports clubs with bars
  
• Stately Homes
  

We also regulate other activities at licensed premises which include pavement cafes, adult entertainment and gambling.

Complaints

There may be occasions when a customer of local resident is concerned that the licensing objectives are not being promoted by a licensed premises and/or licensee and wished to report this to the council. This can be done by completing the Licensing Complaint Form below giving full details of any incidents or issues. The Licensing Team will investigate and take appropriate action. For noise complaints from licenced premises please report these using the Noise nuisance complaint form.

Make a licensing complaint

Policies and fees

The Licensing Team aim to protect people’s safety, welfare and enjoyment of licenced premises. We want to ensure that people are not exposed to risks from the way that licensable activities are carried out. In considering licence applications, the boroughs Licensing Policy is referred to, a copy of which is below. We recommend that all applicants for licenses under LA2003 read the councils licensing policy before submitting an application.

We also aim to protect the interests of those adversely affected by such activities when carried out by unlicensed individuals/companies/organisations. As such, it is necessary for us to occasionally take enforcement action where informal approaches do not result in improved action. The council has adopted the principles of the Central and Local Government Concordat on Good Enforcement. Due regard, will be given to guidance issued by the Local authorities Coordinators of Regulators Services and Department of Culture, Media and Sports.

Below is also a list of current fees for the LA2003 licenses. Most fees can be paid online through GOV.UK when applying for premises licences or variations, however they can also be paid online through the council's secure online payment system.

Licensing Policy

Enforcement Policy

Licence Fees

Objecting to a licence application

Anyone can make a representation in respect of an application made in accordance with the Licensing Act 2003. A representation must clearly state how an application may impact on the promotion of the one or more of the four licensing objectives above. A representation can be made in favour of, or against, an application. The public can see details of applications by various means:

• Viewing details of applications on the council's website
  
  
• Viewing the blue or white notice placed at a premises subject to applications
  
  
• Viewing the public notice in a local newspaper
  

Representations must be made in writing (which can include email) by the end of the consultation period. The length of the consultation period will be stated on the notice. Any representation received after the consultation period has expired will not be considered.

If your representation is considered relevant the details will be passed to the applicant for them to consider the contents. The applicant may offer to make amendments to their application, and if these are satisfactory to the persons making the application then the representation can be withdrawn. If the applicant makes no changes to the application, or the proposed changes do not alleviate the concerns of those making the representation, then the application will be referred to the Licensing Sub Committee for determination. Anyone who has made a representation will be invited to the hearing to speak about their representation.

The Sub Committee will consider all relevant representations and determine the application. The applicant and any who have made a representation will then be provided with a written decision notice.

If someone wishes to appeal against a council licensing decision, they will have the right to do so to the Magistrates court.

Guidance to making a representation (opens in a new window) (PDF) [123kb]