March 2005

Licensing

The Licensing Act 2003 represents an overhaul of existing licensing laws by transferring the responsibility for the regulation of the sale and supply of alcohol from the Magistrates' Court to local authorities, such as Wycombe District Council. The aims of the reform include:

• Prevention of crime and disorder

• Prevention of public nuisance

• Public safety

• Protection of children from harm

The Act covers liquor licences, public entertainment licences, cinemas, theatres and late night refreshment houses and takeaways. It is hoped that the new regime will provide grater flexibility in the businesses referred to but is to be balanced with the provision of tougher powers for the police, courts and licensing authorities.

Venues that will be affected by the new licensing regime include:

• Pubs

• Members' Clubs

• Late night entertainment venues

• Off Licences

• Businesses offering hot food between 11pm and 5am

• Restaurants, take away premises serving alcohol

• Cinemas

• Theatres

• Those providing facilities for licensable events

Applications for new licences can be made from 7th February 2005 although they will not come into effect until approximately November 2005. A transitional period of six months (ending 6th August 2005) will allow existing licence holders to convert their licences into the new form ("grandfather rights"). At the end of this period the "grandfather rights" expire and all applications must be made as a new application following the new procedures.

Under the new Act, applications for the following licences may be made:

• Premises Licence: required for buildings and land where licensable activities take place

• Personal Licence: required by anyone who wishes to allow the sale of alcohol as part of their business

• Club Premises Certificate: required for a club premises that will supply alcohol

• Temporary Event Notices: for one-off events at premises which do not hold a licence

For further information, please contact our offices.