Frequently Asked Questions
The main aim of the Act was to modernise the legislation governing the sale and supply of alcohol and control of public entertainment. Responsibility for licensing personnel and premises transferred from Magistrates and became the sole responsibility of Local Authorities in England and Wales.
There are four licensing objectives that local authorities are under a duty to promote. These are:-
- The prevention of crime and disorder;
- Public safety;
- The prevention of public nuisance;
- The protection of children from harm.
Activities that are covered are:-
- The sale of alcohol by retail;
- The supply of alcohol to club members and their guests;
- The provision of regulated entertainment;
- The provision of late night refreshment.
Subject to qualifying conditions and exemptions the definition states that it is:-
- A performance of a play;
- An exhibition of a film;
- An indoor sporting event;
- A boxing or wrestling entertainment (indoors or outdoors);
- A performance of live music;
- Any playing of recorded music;
- A performance of a dance;
- Entertainment of similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance.
Yes, the definition of premises given in clause 188 states that it means any place and includes a vehicle, vessel or moveable structure. Unlike the old system, outdoor entertainment (or any other licensable activity) can take place on either private or public land, including parks, and still require a licence.
Late night refreshment, and the exemptions, are defined in the Act. It is worth remembering that because the definition of premises includes vehicles, a burger van which has regular pitches will require a premises licence for each of these.
Late night refreshment means the supply of hot food or hot drink to the public, for consumption on or off the premises, between 11.00 pm and 5.00 am, or the supply of hot food or hot drink to any persons between those hours on or from premises to which the public has access.
Food or drink is “hot” for the purposes of the Act if it is heated above ambient air temperature on the premises or elsewhere before it is supplied: or if it may be heated on the premises for this purpose after it is supplied.
Further information including the licensing regulations, application forms, fees etc. is available on the website of the Home Office
The Licensing Act requires that each Licensing Authority must determine its policy with respect to the exercise of its Licensing functions and this Statement of Licensing Policy must be published. The Authority must consult on the policy and during each five year period keep the policy under review and make revisions to it. A copy of Birmingham City Councils Statement of Licensing Policy
is available on this website.
This is a portable licence granted by the local (licensing) authority of residence to an individual enabling the right to sell alcohol at any premise licensed for the sale of alcohol.
Indefinitely, unless it is surrendered by yourself, suspended or forfeited.
Yes, there is a requirement for new personal licence holders to take a qualification approved by the Secretary of State.
The operating schedule is a mandatory requirement of a Premises Licence application. It must be submitted with the application, and include details such as descriptive information about the premises, a statement of the proposed relevant licensable activities, details of any risks associated with the location, size, opening hours, controls on capacity, soundproofing, door supervisors etc.
Yes; moving vehicles on the public Highway, live television broadcasts and spontaneous music and singing.
A notification enabling the temporary sale of alcohol or the provision of regulated entertainment or late night refreshment at premises not authorised by a permanent premises licence or club premises certificate.
- The maximum number of times a person (the "premises user") may give a temporary event notice is 50 times in a calendar year for those who hold a Personal Licence or 5 times in a calendar year for non - personal licence holders.
- A maximum of 12 temporary event notices may be given in respect of a particular premise in one calendar year.
- The maximum number of days a premises can operate under a temporary event notice is 21 days per calendar year. (Please Note: An event starting at 8pm and finishing a 2am the following morning would use up 2 of the maximum 21 days for which the premises could operate under a temporary event notice).
- A temporary event must not exceed 168 hours or 7 days in duration.
- A maximum of 499 people can be in attendance at any one time.
You can find further information on the website of the Home Office