Premises licence and club premises certificate

When any new mandatory conditions become law, they will apply to your licence and will be enforceable even if they are not actually written on the licence.

S.19 Licensing Act 2003

(1) Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that no supply of alcohol may be made under the premises licence:

(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

1. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises:

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to:

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise)

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

3. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either:

(a) a holographic mark, or
(b) an ultraviolet feature.

4. The responsible person must ensure that:

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures:

(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml

(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

2. For the purposes of the condition set out in paragraph 1:

(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) “permitted price” is the price found by applying the formula — Where — P is the permitted price,

(ii) D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol

(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence:

(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence

(d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994

3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

When any new mandatory conditions become law, they will apply to your licence and will be enforceable even if they are not actually written on the licence.

Premises Licences

S.20 Licensing Act 2003

(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the licence, unless subsection (3) (b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where:

(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

(4) In this section:

• “children” means persons aged under 18; and
• “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

Club Premises Certificates

S.74 Licensing Act 2003

(1) Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where:

(a) the film classification body is not specified in the certificate, or
(b) the relevant licensing authority has notified the club which holds the certificate that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.

(4) In this section:

• “children” means persons aged under 18; and
• “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

S.21 Licensing Act 2003

Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must

(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.

(2) But nothing in subsection (1) requires such a condition to be imposed:

(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or
(b) in respect of premises in relation to:

(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

(3) For the purposes of this section:

(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act) and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

All events, including those in aid of charity, must meet recognised safety standards. An event organiser is responsible under the law for the safety of everyone at the event, including the public, employees and volunteers. Information and guidance on planning an event can be found on the Derbyshire Prepared website.

On 1st October 2012 the Licensing Act 2003 was amended by the Live Music Act 2012.

From this date live music is suspended as regulated entertainment if:

• there is a premises licence or club certificate permitting 'on sales'
• the premises are open for the consumption on the premises
• live music is taking place between 08.00 and 23.00

And for:

• if the live music is amplified the audience must consist of no more than 500.

Live music includes vocal and instrumental and karaoke singing.

The amendment also creates a general exemption that live unamplified music which takes place between 8am and 11pm, regardless of the size of the audience, shall NOT be classed as the provision of regulated entertainment.

There are certain exemptions in regard to some activities, further details can be viewed in the Exemptions for premises licence and club premises certificates section.

As a result of deregulatory changes that have amended the Licensing Act 2003*, no licence is required for the following activities:  

Plays:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500. 

Dance:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500*. 

Films:  no licence is required for ‘not-for-profit’ film exhibition held in community premises between 08.00 and 23.00 on any day provided that the audience does not exceed 500 and the organiser; (a) gets consent to the screening from a person who is responsible for the premises; and (b) ensures that each such screening abides by age classification ratings. 

Indoor sporting events:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000. 

Boxing or wrestling entertainment:  From 22 June 2013 no licence is required for Greco-Roman wrestling or freestyle wrestling between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000 and takes place in a building.

Live music:  no licence permission is required for: 

• a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.
• a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500*.
• a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace* that is not licensed to sell alcohol on those premises, provided that the audience does not exceed 500.
• a performance of amplified live music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that; (a) the audience does not exceed 500, and; (b) the organiser gets consent for the performance from a person who is responsible for the premises.
• a performance of amplified live music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from:  (i) the local authority concerned, or (ii) the school or (iii) the health care provider for the hospital. 

Recorded music:  no licence permission required for: 

• any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500*.
• any playing of recorded music between 08.00 and 23.00 on any day, in a church, hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
• any playing of recorded music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from the local authority concerned, or (ii) the school proprietor or (iii) the health care provider for the hospital.

Cross activity exemptions:  no licence is required between 08.00 and 23.00 on any day, with no limit on audience size for:

• any entertainment taking place on the premises of the local authority where the entertainment is provided by or on behalf of the local authority;
• any entertainment taking place on the hospital premises of the health care provider where the entertainment is provided by or on behalf of the health care provider;
• any entertainment taking place on the premises of the school where the entertainment is provided by or on behalf of the school proprietor;  and
• any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided that (a) it takes place with a moveable structure that accommodates the audience, and (b) that the travelling circus has not been located on the same site for more than 28 consecutive days.

*for further information see the Home Office Revised Guidance issued under section 182 of the Licensing Act 2003. 

This would be no longer deregulated activity and would require prior authorisation (for example a premises licence).

You must comply with the audience limits to the specific individual activities.

An audience in excess of the limit would mean that the performance is a licensable activity. It would be an offence under the Licensing Act 2003 for such an event to continue without an appropriate licence. Where the organiser of an event can foresee that it might attract an audience of more than the prescribed limit and in circumstances where it may be difficult to restrict entry, then the event organiser should consider whether to obtain a licence, or giving a temporary event notice, to avoid breaching licensing laws.

It would be up to organisers to determine how to ensure that audience numbers for their event do not exceed the maximum permitted. If an activity is licensable because the number of people in the audience exceeds statutory limits, it will be a criminal offence to carry on that activity without prior authorisation. You may need to apply for a premises licence or obtain a temporary event notice.

Anyone involved in the organisation or provision of entertainment activities - whether or not any such activity is licensable - must comply with any applicable duties that may be imposed by other legislation for example crime and disorder, fire, health and safety, noise, nuisance and planning.

Once a valid request has been received, we must advertise the request by posting notices:

• at the site
• at our offices (our reception).

During the following 28 days, the licence holder, a responsible authority or an interested party may make representations to us regarding the review. 

We must hold a hearing to determine what action should be taken.

The possible outcomes are:

• do nothing
• modify the conditions
• exclude a licensable activity
• remove the Designated Premises Supervisor
• suspend the licence for up to three months
• revoke the licence.

If we decide to reject the review application we may issue an informal warning to the licence holder and/or recommend improvement within a particular period of time.

We must notify the licence holder, the applicant for the review, any person or body who made a representation and the Chief Officer of Police of the outcome of the review. The outcome of the review will not begin to take affect until at least 21 days after the decision is notified, to allow for any appeal to be made to the Magistrates' Court.

A request for a review must be based on the four licensing objectives.

It must be made on the review application form and the applicant must send a copy of the application to the holder of the licence and all the responsible authorities on the same day as the application is sent to us. 

Complete the Review of licence form.

Once a premises licence or club premise certificate is in operation, a responsible authority or an interested party may request a review.

View the Guidance notes for the review of a premises licence or club premises certificate.