Licensing Act 2003
In April 2000, the Government published the White Paper "Time for Reform: Proposals for the modernisation of our licensing laws". The Licensing Bill was introduced in Parliament in November 2002. On 10 July 2003 , the Bill received Royal Assent, becoming the Licensing Act 2003 ("the 2003 Act").
The 2003 Act establishes a single integrated scheme for licensing premises, which are used for the supply/sale of alcohol, to provide regulated entertainment or to provide late night refreshment. Permission to carry on some or all of these licensable activities will now be contained in a single licence – the premises licence, and the 2003 Act will accordingly replace the outgoing law. Personal Licences will also be introduced under the new laws.
The reforms are intended to provide an appropriate balance between freedoms and safeguards, by clamping down on crime, disorder and anti-social behaviour whilst providing individuals greater freedom and choice about how they wish to spend their leisure time.
The 2003 Act provides a right of appeal to applicants where, for instance, their application has been rejected, or has been granted subject to conditions, etc. It also provides an appeal process to those who made relevant representations in relation to an application; for example, a local resident has a right to appeal against the grant of a premises licence if he/she made relevant representations as an interested party in relation to the application where he/she considers the application should not have been granted.
The Licensing Act 2003 will affect, for instance, the following activities (for example);
When will all the changes take place?
The Secretary of State for the Department of Culture, Media and Sport has declared
7th February 2005 as the First Appointed Day – the first day of the six month period when current licence holders can first apply to the Council to convert their existing licences to the new premises and personal licences under Licensing Act 2003.
Second Appointed Day, which is expected to be approximately 9 months after the first appointed day (i.e. possibly November 2005), will end the old licensing regimes to enable the new system to take full effect.
The Licensing Objectives
The Council and the ‘statutory’ partners will work together and promote the Licensing Objectives – the four principles central to the new laws which are the ‘corner-stones’ of the proposed Act.
The Licensing Objectives are;
Statement of Licensing Policy
The Licensing Act requires the Council to produce a Licensing Policy Statement. This represents how the Council intends to carry out its licensing functions to promote the fundamental Licensing Objectives.
THE STATEMENT OF LICENSING POLICY IS ATTACHED AT THE BOTTOM OF THIS PAGE IN .pdf FORMAT.
In addition to further information linked to this page, you can access the Licensing Act 2003 at the HMSO website at;
http://www.legislation.hmso.gov.uk/acts/acts2003/20030017.htm
You may wish to visit the Department for Culture, Media and Sport’s (DCMS) Website which provides lots of information on the new licensing system, including Frequently Asked Questions . The following short-cut will take you to their Alcohol and Entertainment Section at;
http://www.culture.gov.uk/alcohol_and_entertainment/default.htm