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What is the purpose of the Licensing Act 2003?
The overall aim of the Licensing Act 2003 (the 'Act') is to modernise existing legislation governing the sale and supply of alcohol, the licensing of public entertainment and the provision of late night refreshment, so that:
- various existing pieces of legislation are brought under a single Act;
- licensing decisions are made according to local considerations;
- licensing hours are deregulated (i.e. the current restrictions on the hours when alcohol can be sold are to be removed).
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Where can I obtain a copy of the Act and related documents?
The Act and Explanatory Notes can be viewed via Her Majesty's Stationery Office website (external link)
The formal Guidance issued under section 182 of the Act by the Secretary of State for Culture, Media and Sport, can be downloaded from the Department for Culture, Media and Sport (DCMS) website (external link)
The Regulatory Impact Assessment (external link) is part of the Licensing Bill, available via the DCMS website.
The applications forms (external link) are available on the DCMS website and our website.
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Where do I have to send an application for a licence?
To the Licensing Authority where your premises is situated and to the responsible Authorities. This Licensing Authority's address is:
The Licensing Unit,
Taunton Deane Borough Council,
The Deane House,
Belvedere Road,
Taunton,
TA1 4HE.
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. Who are the responsible Authorities?
- The Licensing Bureau, Avon & Somerset Police, Liquor Licensing Bureau 2nd floor, New Bridewell, Bridewell Street, Bristol, BS1 2QH;
- Fire Safety Officer, Fire & Rescue Service, West Area Headquarters, The Fire Station, Taunton, TA1 2LB;
- Policy & Performance Manager, Social Services Dept. County Hall, Taunton, TA1 1DY;
- Head of Trading Standards, County Hall, Taunton, TA1 1DY;
- Senior Health & Safety Officer, Environmental Health, Taunton Deane Borough Council, The Deane House, Belvedere Road, Taunton, TA1 4HE;
- Development Control Manager, Planning Services, Taunton Deane Borough Council, The Deane House, Belvedere Road, Taunton, TA1 4HE;
- Principal Environmental Health Officer, Environmental Health, Taunton Deane Borough Council, The Deane House, Belvedere Road, Taunton, TA1 4HE.
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How much does a Licence cost?
The fee for a premises licence or club premises certificate is based on the business rateable value of your premises.
| Rateable value |
Band |
| No rateable value to £4,300 |
A |
| £4,301 to £33,000 |
B |
| £33,001 to £87,000 |
C |
| £87,001 to £125,000 |
D |
| £125,001 and above |
E |
Rateable value bands
| |
A |
B |
C |
D |
E |
| Main application fee |
£100 |
£190 |
£315 |
£450 |
£635 |
| Main annual fee |
£70 |
£180 |
£295 |
£320 |
£350 |
| Other fees |
£ |
| Application for a grant or renewal of personal licence |
£37 |
| Temporary event notice |
£21 |
| Theft, loss, etc. of premises licence or summary |
£10.50 |
| Application for a provisional statement where premises being built, etc. |
£315.00 |
| Notification of change of name or address |
£10.50 |
| Application to vary licence to specify individual as premises supervisor |
£23 |
| Application for transfer of premises licence |
£23 |
| Interim authority notice following death etc. of licence holder |
£23 |
| Theft, loss etc. of certificate or summary |
£10.50 |
| Notification of change of name or alteration of rules of club |
£10.50 |
| Change of relevant registered address of club |
£10.50 |
| Theft, loss etc. of temporary event notice |
£10.50 |
| Theft, loss etc. of personal licence |
£10.50 |
| Duty to notify change of name or address |
£10.50 |
| Right of freeholder etc. to be notified of licensing matters |
£21 |
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Does the Act apply to the whole of the UK?
No, the Act applies only to England and Wales.
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How often does a Licensing Policy need to be published?
Licensing Policy Statements will need to be determined and published every three years following consultation with a number of persons as set-out in the Act (Section 5). In between each three year period the Council needs to keep its Policy under review and make such revisions as it considers appropriate.
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What are the "licensing objectives"?
Licensing Authorities are required to perform their functions under the Act by the promotion of the four "licensing objectives" contained in Section 4 of the Act. These are:
- The prevention of crime and disorder
- Public safety
- The protection of children from harm
- The prevention of public nuisance
Each objective carries equal importance.
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What are "licensable activities"?
There are four licensable activities contained within Section 1 of the Act. These are:
- The sale of alcohol by retail;
- The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club;
- The provision of regulated entertainment;
- The provision of late night refreshment.
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What is Regulated Entertainment?
Subject to qualifying conditions and exemptions, the definitions are contained within Schedule 1 of the Act, and include:
- A performance of a play;
- An exhibition of a film;
- An indoor sporting event;
- Boxing or wrestling entertainment (indoors or outdoors);
- A performance of live music;
- Any playing of recorded music;
- A performance of a dance;
- Entertainment of similar description to that falling within the performance of live music, any playing of recorded music and the performance of dance
Where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience. This reference to an ""audience"" also includes ""spectators"".
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Does the Act include outdoors entertainment?
Yes, the definition of "premises" states that it means "any place and includes a vehicle, vessel or moveable structure". Unlike the previous system, any licensable activity taking place on private or public land will require a licence.
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What is late night refreshment?
Late night refreshment, subject to the relevant exemptions, is defined in Schedule 2 of the Act and is broadly: hot food or drink supplied to members of the public, on or from any premises, whether for consumption on or off the premises, between the hours of 11.00pm and 5.00am.
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What types of licences are there?
There are a number of licences. These include:
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Personal Licence
This is a portable licence granted to an individual enabling him/her to sell alcohol at a premises licensed for the sale of alcohol. The licence's duration is ten years and it is renewable. You can apply for a personal licence to the Council for the area in which you live. It will remain this Council's responsibility to continue to licence you, even if you move away from the area. To hold a Personal Licence you must be over 18 years of age, not have any relevant criminal convictions (as set out in the Act), possess an approved licensing qualification and have submitted a correct and complete application which includes the fee payable. The fee for a Personal Licence is £37. There are various duties imposed on holders of Personal Licences. Ultimately a licence may be forfeited in the event of a relevant offence(s). There are certain qualifying conditions which enable existing liquor licence holders to transfer easily to a new ""Personal Licence"", exercising what is known as their ""Grandfather"" or transfer rights.
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Premises Licence
This is a licence granted in relation to specific premises and will specify the nature of any licensable activities and any applicable conditions. A licence can be granted for a business supplying alcohol, providing entertainment or providing late night food (on or off the premises). When applying for a Premises Licence, applicants will have to submit:
- a plan of the premises to which the application relates;
- an Operating Schedule which will include for example, a brief description of how the premises will be operated, and how the applicant will meet the four licensing objectives;
- a fee. The Government rather than the Council sets the level of fees payable. The Grant fee is banded according to the rateable value of the property. Full details of the Grant fees (external link) are available from DCMS website. The initial fee for a Premises Licence is between £100 to £630 (unless the premises is in bands D and E where they are exclusively or primarily in the business of selling alcohol. In this case higher fees apply). There will also be annual fee of between £70 and £350;
- a form of consent given by an individual as the Designated Premises Supervisor which is required if the application includes the sale of alcohol;
- the applicant must advertise his application for a prescribed period and manner as contained in the Regulations.
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Club Premises Certificate
This is a licence granting "qualifying club" status to specific premises according to a number of qualifying conditions, including the provision that there are at least 25 members and that alcohol is only supplied by or on behalf of the club. If such a certificate is applicable, there is no requirement for a Personal Licence or a Designated Premises Supervisor.
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Temporary Event Notice (TEN)
This ""notice"" permits the temporary carrying on of the sale or supply of alcohol, the provision of regulated entertainment or the provision of late night refreshment at a premises which is not authorised by a premises licence or club premises certificate. However there are a number of limitations contained within Part 5, Section 107 of the Act with regard to such "notices". These include:
- The event must not last for more than 96 hours;
- There must be at least 24 hours between events;
- The same premises may only be used for a maximum of 12 temporary events in a calendar year;
- The events must cover no more than 15 days per calendar year;
- No more than 499 people may attend the event at any one time;
- Personal Licence holders may give up to 50 TENs per year, whereas persons not holding a Personal Licence, may only issue 5 TENs;
- The notification period for a TEN is 10 working days. However, the Council would encourage applicants to provide a notification period in excess of this wherever possible.
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Provisional Statement
This is an "interim" statement regarding the provision of a Premises Licence where the premises has not yet been built. It provides the investors with some degree of certainty as to the future use of the premises in relation to licensable activities. Ultimately a Premises Licence will have to be applied for.
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What are the qualification requirements for the Personal Licence?
Applicants for a Personal Licence must hold a licensing qualification which has been accredited by the Secretary of State (the syllabus (external link) is available via the DCMS website). The aim of this provision is to ensure that licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol.
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What is a Designated Premises Supervisor?
A Designated Premises Supervisor is the person specified on the Premises Licence who is responsible for authorising the supply of alcohol. A Designated Premises Supervisor must be a personal licence holder. This person must be readily identifiable and will also normally be given day to day responsibility for running the premises.
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What are some of the key exemptions in the Act?
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Live music at small premises (Section 177)
Where there is musical entertainment at premises which have a permitted capacity of not more than 200 persons and the premises are used primarily for the supply of alcohol for consumption on the premises, any conditions, other than those set out in the licence which are consistent with the operating schedule, will be suspended except when they were imposed as being necessary for public safety and/or the prevention of crime and disorder. The result of this section is that any conditions relating to the protection of children from harm or public nuisance do not apply to the musical entertainment. However, if the licence is reviewed, the exempted conditions can be applied. Where there is a performance of unamplified live music between 8am and midnight (and no other form of regulated entertainment) at such premises, then no licence conditions, other than those set out in the Operating Schedule, can apply with regard to the musical entertainment unless there is a review of the licence.
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Place of Worship (Schedule 1, Part 2 Exemptions)
Premises such as churches do not require a premises licence for activities which would otherwise be classified as "regulated entertainment". A premises licence or TEN would be required if any other licensable activity takes place.
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Garden Fetes, etc. (Schedule 1, Part 2 Exemptions)
Entertainment provided at a garden fete or similar event, is not "regulated entertainment" and thus requires no licence, unless the event is held for profit.
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What is an ""Operating Schedule""?
An "Operating Schedule" is required as part of a Premises Licence/Club Premises Certificate application. Whilst the precise detail of each will be slightly different, the key details on the "Operating Schedule" will need to include:
- when and which of the licensable activities are planned to take place at the premises;
- other times when the public will be present at the premises;
- the name of the proposed Designated Premises Supervisor (where alcohol is to be served);
- the steps the licence holder will take to promote the licensing objectives.
Further detail is in the final Regulations (external link) issued by the Secretary of State on the DCMS website.
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Who can object to the grant of a Premises Licence or Club Premises?
Residents and persons involved in a business in the vicinity of the premises or club can object to applications for new licences or applications for variation of existing licences. A copy of the representation is on our website. Follow the link on the front page to Licensing Act 2003. However, these parties must ensure that their representations are relevant to the four licensing objectives specified in page 2. The Police are the only "responsible authority" which can object to existing licences being transferred over to the new regime with no variations.
Once issued, a premises licence may be subject to a review, if relevant to at least one of the licensing objectives.
The "responsible authorities" include the Police and Fire services. An "interested party" is for example a resident or a business in the vicinity. They can apply to the Council for a review of a licence. In this event, a hearing will be held and the possible outcomes of the hearing can vary. The Council may decide to modify the conditions on the licence, exclude a licensable activity, remove the Designated Premises Supervisor or it can suspend either all or part of the licence for up to three months. Equally the Council may decide that the representations do not warrant any action at all.
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How does the Act define "alcohol"?
Spirits, wine, beer, cider or other fermented, distilled or spirituous liquor are defined as alcohol. However, this does not include anything of 0.5% strength or below at the time of sale or supply. Generally, foodstuffs containing alcohol are not licensable, unless they exceed a certain strength.
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How does the Act define the "sale by retail" of alcohol?
"Sale by retail" includes all transactions except those which are purely business to business. For example, the sale of alcohol to a club or to a trader for trade purposes is excluded from the scope of the Act.
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How does the Act define the "supply" of alcohol?
At times, the Act refers to the "supply" rather than the "sale" of alcohol, usually when referring to a club. Clubs are treated differently to other licensed premises because they are run in a prescribed way. Technically, a ""sale"" of alcohol cannot occur between members of a club because they already own part of the alcohol stock as members.
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Will I be able to have children in premises primarily licensed for the sale of alcohol under the Licensing Act 2003?
The new Act will see the abolition of the Children's Certificate, so that children under 16 will be allowed in premises provided they are accompanied by an adult in establishments which are exclusively or primarily used for the supply of alcohol for consumption on the premises. This includes beer gardens and outside terraces.
The sale or supply of alcohol to anyone under 18 years of age anywhere on relevant premises will be prohibited and will be a criminal offence, as will the consumption of alcohol by an individual under 18 anywhere on relevant premises.
Some conditions may apply and the individual premises licence should be considered in every case.
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Will children aged under 16 be allowed to buy and consume soft drinks in any premises?
The purchase and consumption of soft drinks are not licensable activities. However, the offence provisions relating to certain categories of premises may mean that unaccompanied children under 16 may not have access to those premises, even to buy and consume soft drinks.
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Will the legal drinking age still be 18?
This remains unchanged under the Act. The only exception is that 16 and 17 year-olds may drink beer, wine or cider with a table meal when they are accompanied by an adult aged 18 years or over. In all other cases, it will be illegal for children under 18 to knowingly consume alcohol on relevant premises, or to buy or attempt to buy alcohol.
An exception to this law is when a child has been asked to test-purchase alcohol from a relevant premises by a Police Officer or a Trading Standards Officer. In these cases, the child will not be committing an offence.
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How will the changes to the law affect events such as under 18 discos held in nightclubs?
For licensees or clubs to stage under-18 discos, they will have to outline their intentions in their operating schedule, including descriptions of the measures they propose to take to promote the protection of children from harm. In most instances, the presence of an organiser of the event may be a satisfactory measure. In addition, if the premises in question does not serve any alcohol on the night of the event, and only sells soft drinks to the under 18s, the rule will not apply. Each case will be considered on its merits.
It will be unlawful under the Act to allow unaccompanied children aged under 16 years into relevant premises between midnight and 5 am where alcohol is supplied for consumption on the premises. In effect, this will apply to many nightclubs as they operate longer hours and have alcohol for sale after midnight.
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Will private events require a licence?
Private events, i.e. events to which the public are not admitted, generally only require a Premises Licence if they are provided for a consideration and with the intention of making a profit. Otherwise a licence is not necessary.
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Do I still need a licence to play pre-recorded music in my bar/business?
Licences issued under the Licensing Act 2003 do not cover the permission to use copyright music in public under the Copyright, Designs and Patents Act 1988. A Performing Rights Society (PRS) licence represents the permission from every writer or composer whose music you intend to play and is required by law.
PRS and Phonographic Performance Limited (PPL) licences are not issued by local authorities.
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Where can I find out further information about the Act?
The Department for Culture, Media and Sport website (external link)
Local Authorities Coordinators of Regulatory Services (external site) website: (please note that there is limited access to the public on this site).
Alternatively you can contact the Licensing Unit, Taunton Deane Borough Council, Belvedere Road, Taunton, TA1 1HE. Telephone: 01823 356343 or email: licensing@tauntondeane.gov.uk
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What is a Personal Licence?
This is a portable licence granted by the local licensing authority to an individual. It gives the holder the right to sell or authorise the sale or supply of alcohol at any premises licensed for the sale of alcohol.
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How long is a Personal Licence valid?
10 years. Then, as the Act currently stands, the licence holder will re-apply to the authority which originally issued the licence, irrespective of where they live at the time of renewal.
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Are there any qualification requirements for Personal Licences?
Yes, the applicant must be 18 years or over, hold a relevant qualification, and must not have a relevant un-spent criminal record.
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Are there any restrictions on applicants for Personal Licences?
Persons who have been convicted of relevant offences (listed in Schedule 4 of the Act) or an equivalent foreign offence will normally be refused a personal licence.
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Do I need a licence under the Licensing Act 2003?
Licensable activities may only be carried on under, and in accordance with, a premises licence, temporary event notice or club premises certificate.
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Will current opening hours change?
The Act does not mean that all premises will automatically change their opening hours.
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35. Will pubs/bars be able to sell alcohol 24 hours a day when the Licensing Act 2003 comes into effect?
Not necessarily.
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How much "drinking up" time will apply under the new legislation?
How much "drinking up" time will apply under the new legislation? "Drinking up time" will not be specified by the new Act as it is at present.
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What happens if somebody objects to my application?
If there are valid objections from an interverted party of from a responsible authority such as the police, fire authority, environmental health, etc, there may need to be a hearing where the applicant and objectors present their case and the matter will be determined by elected Councillors.
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What happens if my application is refused?
If your application is refused you have a right of appeal to the Magistrates Court within 21 days.
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Am I still exempt from needing a licence if I only have duos or solo performers in my pub after November 2005?
No. The "Two in a Bar" rule which gave exemption from the need to have a Public Entertainment Licence ceased when the 2003 Act came into force in 2005.
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Won't the Act kill live traditional music in small venues?
The current law has hindered the development of live music because a public entertainment licence in some local authority areas can be very expensive.
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I am planning on constructing/extending/substantially changing my premises in the future. How does the Licensing Act 2003 provide for this?
The Act acknowledges that where premises are being constructed, extended, or substantially changed structurally investors may require an assurance that a premises licence will be granted once the work has been completed. In this case a person with an interest in the premises can apply for a "provisional statement".
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Do I have to employ licensed Door Supervisors?
If this is an existing condition of your current licence then yes. Otherwise this will depend on whether you feel they are necessary to help you comply with achieving the licensing objectives (crime & disorder, public safety).
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How will the Licensing Act 2003 provide for occasional or one-off events?
The 2003 Act requires the events to be licensed either under a Temporary Event Notice (TEN) or a Premise Licence.
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What is a Temporary Event Notice (TEN)?
Temporary events notices (TENs) replace the occasional licence and are required to licence small events where licensable activities take place.
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What are the limitations on Temporary Event Notices?
A personal licence holder can only apply 50 times in a year. Other persons over 18 years of age who do not hold a Personal Licence may apply only 5 times in a year.
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What is an Operating Schedule?
The operating schedule is a mandatory requirement of a Premises Licence application.
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Does the Licensing Act 2003 cover entertainment outdoors?
Yes, Section 193 of the Act defines "premises" as "any place and includes a vehicle, vessel or moveable structure".
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What about Gaming Machines?
The licensing authority is responsible for granting gaming machine permits from the courts.
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Where can I get Application Forms?
Application forms (external link) are available from the DCMS website or from our website.
