Licensing Act 2003

The Act defines a licensable activity as:

1. the sale by retail of alcohol,
2. the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club,
3. the provision of regulated entertainment, and
4. the provision of late night refreshment.

These mean:

(a) Sale by retail of alcohol - this includes where the sale of alcohol is included in the price of the ticket for the event. It also includes where the cost of the alcohol is recovered by other means.

(b) The supply by a club - this applies to those clubs which are set up as members club for the benefit of those members, if does not include clubs for private profit.

(c) Regulated Entertainment is defined as:

1. a performance of a play,
2. an exhibition of a film,
3. an indoor sporting event,
4. a boxing or wrestling entertainment,
5. a performance of live music,
6. any playing of recorded music,
7. a performance of dance,
8. entertainment of a similar description to that falling within paragraph (v), (vi) or (vii),
9. Facilities for the provision of making music or dancing or similar

(d) Late Night Refreshment - the provision of hot food or drink between 11 pm and 5 am.

Types of Licences

There are a number of different types of licences that can be applied for and this will often depend on the frequency of use of the licence and the number of people present.

Premises Licence

This type of licence is issued to premises such as pubs, clubs, theatres, cinemas and late night restaurant. It allows the premises to operate on a regular basis, often daily between certain hours.

Club Premises Certificate

There are certain qualifying conditions which have to be met to apply for this. It is for members clubs where the club is run for the benefit of its members. 

Temporary Event Notice

This as such is not a licence but rather a notification (TEN) that a licensed event is going to place. There are certain restriction placed on this and the number of people present cannot exceed 499.

Personal Licence

Where a premises licence authorises the sale of alcohol there is a requirement that there must be a DPS who has to hold a personal licence.

The Four Licensing Objectives

All those involved in licensable activities have a duty to promote the licensing objectives. These are the:

1. Prevention of Crime and Disorder
2. Public Safety
3. Prevention of Public Nuisance
4. Protection of Children from Harm

Applicants for Licences

Applicants for licences, prior to submitting their application should take into account the following documents:

• Guidance issued under Section 182 of the Licensing Act 2003
• Herefordshire Council Licensing Policy
• Herefordshire Council Model Pool of Conditions

ALL applications should be sent to:

Licensing Section
Environmental Health and Trading Standards
County Offices
Po Box 233
Bath Street
Hereford
HR1 2ZF

Telephone (01432) 260105
Fax (01432) 383142
E-mail licensing@herefordshire.gov.uk

Application for a variation or new premises licence or club premises certificate should also be sent to all the responsible authorities.

TENS only need to be sent to the police.

Responsible Authorities

Chief Officer of Police
The Licensing Unit,
West Mercia Constabulary,
Bath Street,
Hereford,
HR1 2HT 
Tel: 0845 7 444 888  ask for the Licensing Unit

Email: licensing.herefordshire@westmercia.pnn.police.uk

Chief Fire Officer
Hereford and Worcester Fire & Rescue Service,
West District,
St. Owens Street,
Hereford,
HR1 2JW
Tel: 01432 274561;
Fax: 01432 270298

Email FireSafetyWest@hwfire.org.uk

Environmental Health and Trading Standards
Herefordshire Council,
PO BOX 233,
Hereford,
HR1 2ZF
Trading Standards (01432) 261761
Env. Health (01432) 260521

Planning Services
Herefordshire Council,
Development Control,
Blue School House,
Hereford,
HR1 2ZB
Tel. (01432) 261787 - ask for local Planning Enforcement Officer

Environment Agency (In relation to vessels)
Newtown Industrial Estate,
Northway Lane,
Tewkesbury,
GL20 8JG
Fax 01684 293599

Hafren House,
Welshpool Road
Shelton,
Shrewsbury
SY3 8BB
Fax 01743 272138
Helpdesk 0800 807060

Resources

Licensing Act 2003 - Conditions

Guidance for Conditions and the Licensing Objectives

Adobe PDF

83 kb

Herefordshire Council Licensing Policy

Adobe PDF

831 kb

If you need help to understand a document, or would like it in another format or language, please call 01432 260500 or email info@herefordshire.gov.uk

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