As part of the Government's commitment to reform the licensing law, the Licensing Act will see the regulation of the use of premises for licensable activities brought together in one statute. The Licensing Act 2003 opens the door to the greatest period of change the licensed trade has faced for nearly a century. You are affected by the Licensing Act 2003 if you: sell alcohol by retail supply alcohol in registered clubs provide regulated entertainment sell hot food / drinks between 11pm and 5am

Anyone who carries out a 'licensable activity' must have a Premises Licence (and Personal Licence to authorise the sale of alcohol) which must be obtained before the second appointed date; if not, they will not be able to trade.

To apply for a Premises License one must submit:

• a completed application form
  
• a plan of the premises to prescribed format
  
• an operating schedule (unless converting an existing licence)
  
• the fee
  
• where alcohol is to be supplied, a form containing consent of the proposed designated premises supervisor (DPS) in most cases.

You can find out more information on the Licensing Act 2003 by visiting the Government Website:
http://www.culture.gov.uk/alcohol_and_entertainment/default.htm

What you should consider doing now?
Start to gather the documents that will be needed to apply for a licence.

Public houses and Restaurants

• Obtain a Premises Plan to the prescribed format
  
• Obtain an application form from your Licensing Authority
  
• Consider what variations you want or conditions removed - these details are necessary for the Operating Schedule (take professional advise if necessary)
  
• Decide who will be the designated premises supervisor and who else should have a Personal Licence (two per outlet is recommended)
  
• Consider having fire and health & safety risk assessments
  
• Consider having a DDA access survey
  
• Get certified photographs for anyone who wishes to obtain a Personal Licence
  
• Liaise with the 'responsible authorities' at an early stage to resolve issues informally, this will reduce the likelihood of applications being amended, resubmitted or referred to a hearing.

Qualifying Clubs

• Obtain a Premises Plan to the prescribed format
  
• Obtain an application form from your Licensing Authority
  
• Consider what variations you want or conditions removed - these details are necessary for the Operating Schedule (take professional advise if necessary)
  
• Consider having fire and health & safety risk assessments
  
• Consider having a DDA access survey
  
• Liaise with the 'responsible authorities' at an early stage to resolve issues informally, this will reduce the likelihood of applications being amended, resubmitted or referred to a hearing.
  
• Ensure your club meets the criteria as determined by the licensing authority

Late night takeaways

As the sale of hot food or drink between 11pm and 5am was not licensable before you should firstly contact your licensing authority and obtain the application forms and guidance documents.

• Obtain a Premises Plan to the prescribed format
  
• Consider having fire and health & safety risk assessments
  
• Consider having a DDA access survey
  
• Liaise with the 'responsible authorities' at an early stage to resolve issues informally, this will reduce the likelihood of applications being amended, resubmitted or referred to a hearing.

Disclaimer:
The content on this website is informative only. It is not an authoritative statement of law and does not constitute legal advice. You are strongly advised to seek independent legal advice on all licensing matters as we accept no responsibility for any errors or omissions on the website or any written material.

GPB Design can accept no responsibility for information contained on any linked sites and for any reliance that may be placed upon their contents.