3 types of licence issued under the licensing act 2003

3.35 It is a criminal offence under section 136 of the 2003 Act to carry on any of the licensable activities listed at paragraph 3.2 above other than in accordance with a licence or other . Section 17 (existing letters patent) ceases to have effect. 3 The Licensing System under the Malaysian Moneylenders Act 2003 suspended or revoked. Licensing Objectives If you wish to make a representation, then the issue must relate to one of the following licensing objectives or it will not be valid. All businesses and organisations selling or supplying alcohol, except members clubs and certain community premises must have a designated premises supervisor. Personal licence qualification providers are accredited by the Home Secretary. 8B. Are you looking for a job? Apple Licensing. 200 provisions and might take some time to download. Inspection of premises before grant of certificate etc. 98.Meaning of permitted temporary activity, 100A.Standard and late temporary event notices, 101.Minimum of 24 hours between event periods, 104.Objection to notice by a relevant person, 104A.Counter notice following objection to late notice, 105.Counter notice following objection to standard temporary event notice, 106.Modification of standard temporary event notice following objection, 106A.Conditions on standard temporary event notice following objection, 107.Counter notice where permitted limits exceeded. 16. The "Challenge 25" Scheme suggests acceptance of Passports, Photographic Driver's Licences and PASS approved cards. These are: The prevention of crime and disorder Public safety cost of duty plus VAT, guidance on mandatory Amended guidance issued under Section 182 of the Licensing Act 2003 . If you disagree with the councils decision, you have a right of appeal to the magistrates court. Premises licences, club premises certificates and temporary event notices can authorise licensable activities at any premises, which can include open spaces and temporary structures as well as buildings . We use some essential cookies to make this website work. 102.The Housing Act 1985 is amended as follows. 21.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 22.In section 14(2)(a) (protection against insecurity of tenure of place 23.In section 18(3)(a) (protection against insecurity of tenure in connection 24.In section 27(1) (renewal of tenancy expiring during period of 25.The Hypnotism Act 1952 is amended as follows. 32. 8. (iv)is capable of being read and reproduced in legible written form and used for subsequent reference; (b)the person to whom the application is to be given has agreed in advance that an application may be given to them by those means; and. Updated information on accreditation for personal licences. Download the full list of accredited personal licence qualification providers. 115. 8. Variation of licences 34. How do I change my licence or club certificate? You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 16. Clubs which are not recognised clubs: members and guests. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. On the 24th November 2005, the Licensing Act of 2003 came fully in to effect. The personal licence is designed to ensure that anybody running or managing a business that sells or supplies alcohol will do so in a professional fashion. If the police or local government have any questions or concerns about the business, they will expect to be able to reach the designated supervisor. 141.Sale of alcohol to a person who is drunk, 142.Obtaining alcohol for a person who is drunk. of applications and notices under Part 4, 92A.Suspension of club premises certificate for failing to pay annual fee. hTKSq?z:u6*&iDSq0e?-G+6IPV"^9ZHnQ=(z$Dm xXCYz?]99 H J`)A>/g}%KWu&W. This Part has effect for the purposes of this Schedule. (1) A performance of a play means a performance of An exhibition of a film means any exhibition of moving (1) An indoor sporting event is a sporting event. 17. 17.In each of the following provisions of the London Building 18.In section 1(4) of the Civic Restaurants Act 1947 (civic London County Council (General Powers) Act 1947 (c. xlvi). 19. 12ZB. (ii)is capable of being accessed by the recipient; (iii)is legible in all material respects; and. Licensing Act 2003 5 The Licensing Act: An overview Context The Licensing Act 2003 (the Act) replaced earlier controls of alcohol and introduced a more permissive, flexible regime. long time to run. Early morning alcohol restriction orders (EMRO) enable a licensing authority to prohibit the sale of alcohol for a specified time between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objectives. Read the guidance and form to apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor. (1) Schedule 1 to the Sunday Trading Act 1994 (restrictions Criminal Justice and Public Order Act 1994 (c. 33). Lotteries and Amusements Act 1976 (c. 32). The law and policy governing this area is overseen by the Home Office. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 110. 13.Authorised persons and responsible authorities, 15.Meaning of designated premises supervisor, 18.Determination of application for premises licence, 19.Mandatory conditions where licence authorises supply of alcohol, 19A.Power of Secretary of State to impose section 19(4) mandatory conditions, 20.Mandatory condition: exhibition of films, 25.Theft, loss, etc. The fees paid in respect of applications for new premises licences and club premises certificates; applications for full variations to premises licences and club premises certificates; and annual fees in respect of premises licences and club premises certificates vary dependent on the national non-domestic rateable value (NNDR) band of the premises. Omit paragraph 11 (payment of indemnity from central funds). The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. hbbd```b``]"_Hfs A major change is that the ability to issue a license was taken away from the Justice Of The Peace. full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering, one of which is endorsed with a statement verifying the likeness of the photograph to the applicant by a solicitor, notary, a person of standing in the community or any individual with a professional qualification; and, a criminal conviction certificate issued under section 112 of the Police Act 1997(, a criminal record certificate issued under section 113A of the Police Act 1997, or, the results of a subject access search under the Data Protection Act 1998(. 86.The Representation of the People Act 1983 is amended as 87.In section 185 (interpretation of Part relating to legal proceedings), 88.In Schedule 7 (transitional and saving provision), omit paragraph 4. 89.In section 3(7) of the Video Recordings Act 1984 (exempted 90.The Building Act 1984 is amended as follows. However in these situations, its only for private clubs where alcohol is only sold to members. attempt. It will take only 2 minutes to fill in. Examples of Licensing. Different options to open legislation in order to view more content on screen at once. 44.The following provisions cease to have effect in England and 45.In section 15 (warrant to enter theatre where offence suspected) 46.Section 17 (existing letters patent) ceases to have effect. in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website. forthwith on sending the text of the application by electronic means, the application is given to the recipient in writing. There are changes that may be brought into force at a future date. 5. This is because of the impact alcohol has on the wider community, on crime and disorder, and antisocial behaviour. Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. The Act consolidated a diverse system of licences that had been separately issued for late-night refreshment and regulated entertainment. Under the Indian Telegraph Act, 1885, section 4 gives power to the government to grant licence to any person to establish, maintain or use a telegraph. Greater London Council (General Powers) Act 1966 (c. xxviii). Anyone who does not hold a personal licence must be authorised to sell alcohol by a personal licence holder. In the case of such applications reference should also be made to the Licensing Act 2003 (Transitional provisions) Order 2005 S.I. Croydon The types of licences required are defined as follows: any business or other organisation that sells or supplies alcohol on a permanent basis needs to apply for a premises licence anyone who. The Sunday Entertainments Act 1932 ceases to have effect. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Club Premises Certificates CPC's are granted to venues where qualifying criteria are met and sale of alcohol takes place. The person chosen to be designated premises supervisor (DPS) will act as primary contact for local government and the police. 29.The Betting, Gaming and Lotteries Act 1963 is amended as 30.In section 10(1B) (conduct of licensed betting offices) for the 31.In Schedule 4 (rules for licensed betting offices), in paragraph Children and Young Persons Act 1963 (c. 37). licensing conditions. Prevention of Crime and disorder -. Whoever holds this role must be named in the operating schedule, which you will need to complete as part of the application process, when you apply for a premises licence. No versions before this date are available. Existing club certificate revoked after grant of new certificate. Determining whether a club is established and conducted in good faith, The additional conditions for the supply of alcohol. Here are the top five things you need to know about The Licensing Act 2003. 158.False statements made for the purposes of this Act, Closure of premises in an identified area, 160.Orders to close premises in area experiencing disorder, 161.Closure orders for identified premises, 164.Application to magistrates' court by police, 165.Consideration of closure order by magistrates' court, 166.Appeal from decision of magistrates' court, 167.Review of premises licence following closure order, 168.Provision about decisions under section 167, 169A.Closure notices for persistently selling alcohol to children, 170.Exemption of police from liability for damages, 172.Relaxation of opening hours for special occasions, 172A.Power to make early morning alcohol restriction order, 172B.Procedural requirements for early morning alcohol restriction order, 172C.Making of early morning alcohol restriction order, 172D.Variation and revocation of early morning alcohol restriction order, 172E.Exceptions from effect of early morning alcohol restriction order, Modification of premises licences to authorise off-sales for limited period, 172F.Authorisation of off-sales for limited period, 172H.Interim steps pending off-sales review, 172I.Off-sales review of premises licence following review application, 172J.Interim steps pending section 172I decision coming into effect, 172K.Procedural requirements in relation to off-sales reviews and hearings, 172L.Sections 172F to 172K: supplementary, 173.Activities in certain locations not licensable, 174.Certifying of premises on grounds of national security. You can change your cookie settings at any time. Comments may be positive or negative, but will only be considered relevant by the council if they relate clearly to the licensing objectives: Councils will also reject comments considered to be frivolous (not serious or time-wasting) or if they relate to personal disputes between businesses. In terms of right to work and entitlement, the revised guidance substantially changed 4.21 onwards 2. 21. Licensing Act 2003 is up to date with all changes known to be in force on or before 01 May 2023. 6.For the purposes of this Schedule (a) the supply of Matters to be entered in licensing register. Premises licensed to sell alcohol must have a designated premises supervisor, who holds a personal licence. 26. CR9 2BY, To email immigration enforcement: Alcohol@homeoffice.gov.uk. If representations are made by a responsible authority or other person, it is for the licensing authority to decide whether those representations are relevant to the licensing objectives and not frivolous or vexatious. (1) For the purposes of this Act, a person provides 2.Food or drink supplied on or from any premises is Exempt supplies: designated areas, descriptions of premises and times. cheaper elsewhere. Members clubs can operate under club premises certificates instead of premises licences. The Whole Act you have selected contains over 200 provisions and might take some time to download. endstream endobj startxref The Whole The full variation process is very similar to the application process for a new premises licence and the fee is the same. of licence holder. Businesses that sell alcohol to the public will need to ensure that the UK wholesalers they buy alcohol from have been approved by HMRC under the Alcohol Wholesaler Registration Scheme (AWRS). (1) An indoor sporting event is a sporting event. For personal license applicants the Licensing Act lays down the law for the sale and purchase of alcohol in a variety of circumstance. 13. The Secretary of State, in exercise of the powers conferred upon her by sections 120(2)(b), 125(4) and 133(1) of the Licensing Act 2003(1), hereby makes the following Regulations: 1. (1) This paragraph applies where a review of interim steps Summary off-sales review of premises licence. Information about the Alcohol Wholesalers Registration Scheme added. 10. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Apple's licensing agreement for the iPhone and iPad is an example of a sole licensing agreement. Get a full refund if you dont like the course. Among the types of business licenses you must obtain for your company include: 1. Business license. Characters: Television and movie characters can be licensed for use on greeting cards, toys, clothing, and so on. The supply of hot food or hot drink on or (1) The following supplies of hot food or hot drink For the purposes of this Schedule (a) the supply of An offence under any of the following enactments. The first date in the timeline will usually be the earliest date when the provision came into force. Greater London Council (General Powers) Act 1978 (c. xiii). They will need to check the wholesalers Unique Registration Number (URN) against the HMRC online database. In respect of an application for a personal licence made by the holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005, regulation 8 and Schedules 3 and 4 prescribe the application form to be used by the applicant, the information to be supplied and the documents to accompany the application. 66.In paragraph 18 (fees), for proper officer substitute clerk. You have accepted additional cookies. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. However, in the telecom sector, the government had complete monopoly until the early 1990s. 8D. 4. Variation of licence to specify individual as premises supervisor. Thinking of applying for a Personal Licence? Act you have selected contains over While they need not be on site at all times, they are expected to be involved enough with the business to be able to act as its representative, and they must be contactable at all times. Get Licensed is a training marketplace and not a training provider. If a business is found to have purchased alcohol from an unapproved wholesaler, they may be liable to a penalty or could even face criminal prosecution and have their alcohol stock seized. (1) Paragraph 1 (interpretation) is amended as follows. You can do this online using the links in the premises licence and club premises certificates sections above. (1) Health care provider means a person providing any form 20.Local authority means (a) a local authority within the meaning Schools, school proprietors and school premises. * * * Section 1.1. 143.Failure to leave licensed premises etc. and employees. The Theatres Act 1968 is amended as follows. Relying on this guidance Police served S.19 Closure Notices on each of the 5 occasions seeking immediately closure of the premises to close on pain of arrest of DPS. Alternatively you can download the postal form and guidance to vary a premises licence and the postal form and guidance to vary a club certificate. Once you receive your personal licence, you can act as the designated premises supervisor for any business that sells or supplies alcohol. (1) Paragraph 8 of Schedule 2 to the Private Security Criminal Justice and Police Act 2001 (c. 16). 13. The Schedules you have selected contains over 200 provisions and might take some time to download. (i)a criminal conviction certificate issued under section 112 of the Police Act 1997(2), (ii)a criminal record certificate issued under section 113A of the Police Act 1997, or, (iii)the results of a subject access search under the Data Protection Act 1998(3) of the Police National Computer by the National Identification Service, and, in any case such certificate or search results shall be issued no earlier than one calendar month before the giving of the application to the relevant licensing authority, and. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. Each premises licence has an operating plan attached to the licence setting out exactly how alcohol will be sold on the premises and what other activities will be provided. 85. of licence holder. There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. 26. 96.Inspection of premises before grant of certificate etc. In this Schedule justices' licence means a justices' licence under the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. (1) In this Schedule, entertainment facilities means facilities 4.The Secretary of State may by order amend this Schedule Film exhibitions for the purposes of advertisement, information, education, etc. of licence holder, Cancellation of interim authority notice following objections, Supplementary provision about interim authority notices, Reinstatement of licence on transfer following death etc. 12A. (c)a declaration by the applicant, in the form set out in Schedule 3, that either he has not been convicted of a relevant offence or a foreign offence or that he has been convicted of a relevant offence or a foreign offence accompanied by details of the nature and date of the conviction and any sentence imposed on him in respect of it. 10.Where a licensing authority (a) rejects an application for a Decision to grant club premises certificate or impose conditions etc. If you disagree with the councils decision following a hearing, you have the right to appeal to the magistrates court. In addition, the licensing authority must review a licence if the premises to which it relates was made the subject of a closure order by the police based on nuisance or disorder, and the magistrates court has sent the authority the relevant notice of its determination. 4.Section 35 of the Town Police Clauses Act 1847 (harbouring 5.The following provisions of the Cambridge Award Act 1856 cease 6.In the First Schedule to the Inebriates Act 1898 (offences 7.The Licensing Act 1902 is amended as follows. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. In a non-exclusive license, the licensor may be licensing the IP out to more than one licensee. licensing conditions, Personal licence to sell alcohol (England and Wales), Application for a personal licence to sell alcohol, Accredited qualification providers: personal licence to sell alcohol, any business or other organisation that sells or supplies alcohol on a permanent basis needs to apply for a, anyone who plans to sell or supply alcohol or authorise the sale or supply of alcohol must apply for a, qualifying members clubs (such as the Royal British Legion, working mens clubs and rugby clubs) need to apply for a, primary care trust (PCT) or local health board (LHB), local enforcement agency for the Health and Safety at Work etc Act 1974, body responsible for the protection of children from harm, any other licensing authority in whose area part of the premises is situated, Home Office Immigration Enforcement (on behalf of the Secretary of State), grant the application subject to modifying conditions that are consistent with the operating schedule in a way it considers appropriate for the promotion of the licensing objectives, reject one or more requested licensable activities, refuse to specify a person as a designated premises supervisor, review of a premises licence or club premises certificate, interim authority notice under the Licensing Act 2003, legitimacy - each applicant must be a real club with at least 25 members, a membership process that takes at least two days between application and acceptance, alcohol must not be supplied on the premises other than by the club, alcohol must be purchased by a committee made up of members all of whom are at least 18 years old, alcohol for the club must be purchased legally, making small changes to the layout of your premises, mandatory provision of free potable (drinking) water, the mandatory provision of smaller measures, high levels of alcohol-related crime and disorder in specific areas at specific times, other instances of alcohol-related antisocial behaviour which are not directly attributable to specific premises.

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