The Licensing Act 2003 (LA2003) radically alters the way Justices (Liquor) Licences, Entertainment, Theatre, Cinema, and Late Night Refreshments are dealt with. Local Authorities are now required to administer this new legislation.
Licenses already issued or pending can be viewed by going to the Licensing Register.
The Licensing Act 2003 received Royal Assent on 10th July 2003 and transfers licensing powers to local authorities to provide an integrated scheme for licensing premises used for the supply of alcohol, the provision of regulated entertainment and late night refreshment.
Permission to carry on some or all of these activities will be contained in a single premises licence or club premises certificate.
The Act marked the end of six outdated licensing regimes and introduced:
The LA2003 affects anyone concerned with:
Since 2005, High Peak Borough Council receives applications for the following licences:
A Personal Licence authorises someone, holding a premises licence, to sell or supply alcohol for up to 10 years, either on or off the premises.
To get a Personal Licence you must:
Accredited licensing qualifications are:
Further information about the BIIAB qualification is available on the Bii website (External website**). Enquiries about the GOAL qualification can be made to customerservice@ediplc.com or telephone 08707 202909. For GQAL enquiries, contact www.nationaltrainingco.com (External website**) or phone 0845 170 0001
Basic criminal record checks can be obtained from Disclosure Scotland. For further details call their helpline number 0870 609 6006, or visit their website (External website**). This criminal record check must not be more than a month old at the time an application is made for a personal licence.
You can apply for a personal licence from this Council if you live in High Peak. Even if you move away from this area, this authority will continue to be responsible for your licence.
A Premises Licence can be granted for a business selling or supplying alcohol, or providing regulated entertainment, or hot food after 11pm, either on or off the premises.
There is no longer a statutory restriction on operating hours and, unless any of the four licensing objectives are affected (that is, crime and disorder; public nuisance; public safety; protection of children from harm), councils would normally grant a licence. Special conditions may be imposed on the licence, such as measures to prevent noise nuisance. Shorter operating hours could be imposed, if representations are received from the police or other interested groups, such as local residents.
Anyone applying for a premises licence must be 18 years or older, and will have to submit:
Please ensure a copy of your advert is sent to us once it has appeared in the local paper.
Once a premises licence is granted, it will stay in force indefinitely, although the police have greater powers to close premises, or restrict their operating hours, if they are the focus of disorder.
If representations are made about granting or altering a licence, the Council's Licensing Committee (made up of elected Members) must examine the application.
If someone wishes to appeal against the Committee's decision, the person will have the right to apply to the Magistrates' Court.
A Club Premises Certificate may be applied for, in respect of any premises which are occupied by, and habitually used for the purpose of the club. The application must include:
A Temporary Event Notice is needed when it is proposed to use a 'premises' for one or more licensable activity. Again, the applicant must be aged 18 or over and must be the premises user. The application, in duplicate, must be given to the Council, and to Derbyshire Constabulary, not later than 10 working days prior to the event and include:
No more than 12 temporary events can be held in any one premises in any one calendar year.
If you hold a Personal Licence you will be able to give notice of a maximum of 50 temporary events in any one calendar year. Premises users who don't hold a Personal Licence can give notice of a maximum of 5 notices in any one calendar year.
Again, the Police may object to an event if there could be problems with crime or disorder. Your application must be copied to WPC S Barlow, B Division, Derbyshire Constabulary, Silverlands, Buxton SK17 6QJ.
A Public Representation Form is the form that you will be required under the Act to complete if you wish to make a 'relevant representation' to us about a licensed premises. However, before you do so, the Licensing Team would like an opportunity to talk to you about any problems you are experiencing.
Please contact Sue Lomas on 0845 129 77 77 or 01298 28400 ext 4452, in the first instance, or you can send an email direct to LA2003@highpeak.gov.uk, giving your daytime contact number, and we will phone you back.
Please read the notes contained in this form. You will need the list of Responsible Authorities (117KB) to copy your representation to.
The following leaflets are supplied by The Performing Rights Society and relate to premises where entertainment is held:
SIA has been set up by the Government to issue door supervisor licences, instead of this to the police or local authorities. In the High Peak, applications have been accepted since 4 October 2004. It is against the law to work as a door supervisor without a SIA Licence, since 3 January 2005, in this borough.
To get a SIA Licence you must:
For a licence application pack, contact the SIA, telephone 08702 430100, or visit the SIA website (External website**).
**Please note: High Peak Borough Council is not responsible for the content of any external websites.