Alcohol and Entertainment Licensing

• Begins with an overview of the Licensing Act 2003 – the key legislation in this area
• Discusses the aims of the legislation and the structure of the Act
• Much of the book is devoted to the subject of premises licences:
  - Defines ‘regulated entertainment’
  - Identifies exemptions from a requirement for a licence and restrictions regarding certain ‘premises’
  - Who can apply for a licence and how the application is made
  - What are ‘relevant representations’ and who is defined as an interested party or a responsible authority
  - Describes the mandatory conditions that are attached to licences authorising the sale of alcohol
  - Looks at issues relating to licences, including their variation, the death of the licence holder, transfer of licences, etc.
  - Review of licences and the inspection of premises
• Deals with club premises certificates, including qualifying criteria, the application process and the variation, review and withdrawal of certificates
• Covers personal licences, including the application process, forfeiture due to relevant convictions and the obligations of the licence holder
• Outlines the role of the Designated Premises Supervisor
• Also covers temporary event notices
• A separate chapter looks at the sale and supply of alcohol to children, including:
  - The consumption of alcohol by children
  - Purchase by or on behalf of children
  - The enforcement of age-related sales provisions
  - Preventing underage purchases
• The hearings process is described from start to finish, including:
  - What happens before a hearing
  - Preparation
  - Actions required by the parties on receipt of the notice
  - Committee reports
  - What happens at a hearing
  - Key issues, including the applicant’s right to be heard and impartiality of the members of the determining body
  - The impact of the Human Rights Act and the European Convention on Human Rights (ECHR) on the hearings process
• Considers the types of conditions that can be premises licences and club premises certificates
• Covers offences, closure orders and powers of entry
• Appendices set out the relevant offences under the Licensing Act 2003, the period of notice required for the various types of hearing, the period of time within which a hearing must be commenced, the persons to whom notice of a hearing should be given, the documents that must accompany a notice of hearing and the meaning of ‘determination’.

New to this edition:

• The new edition considers the effects of the Police Reform and Social Responsibility Act 2011, which amends and supplements the Licensing Act 2003 with the intention of ‘rebalancing’ it in favour of local authorities, the police and local communities. It includes a package of measures to overhaul licensing and give communities the tools and powers they need to tackle alcohol-fuelled crime and disorder.
• Early Morning Restriction Orders and the Late Night Levy will be covered in new chapters. EMROs will allow licensing authorities to restrict sales of alcohol for any specified period between 3am and 6am if they consider this appropriate for the promotion of the licensing objectives. This applies to premises licences, club premises certificates and temporary event notices. The late night levy is a power for licensing authorities to introduce a charge for premises that have a late alcohol licence.
• Details of the Live Music Act 2012, the new provisions relating to Late Temporary Event Notices and reference to recent High Court decisions including the Bristol cases on conditions and what information can a licensing committee ask applicants for, the Hammersmith decision on adjournments and the very important Hope and Glory case regarding appeals.

The Licensing Act 2003 – An Overview
1. Premises Licences
2. Club Premises Certificates
3. Personal Licences
4. Designated Premises Supervisor
5. Temporary Event Notices
6. Sale and Supply of Alcohol to Children
7. Hearings
8. Conditions
9. Offences, Closure Orders and Powers of Entry
10. Early Morning Restriction Orders
11. Late Night Levy

Appendicies

• Relevant Offences under the Licensing Act 2003
• Period of notice for the various types of hearing
• The period of time within which a hearing must be commenced
• The persons to be given notice of a hearing
• The documents that have to accompany a notice of hearing
• Meaning of ‘determination’

David Chambers - David has been involved in licensing nearly all his working life. He was the Head of Licensing for the Greater London Council and when that authority was abolished, held the same position with Westminster City Council. He has been involved in drafting a number of private acts. Since 2000 he has worked as an independent licensing consultant and trainer.

Roger Butterfield - Roger is a Solicitor. He worked for local authorities for 38 years and has been dealing with licensing matters since the 1960s. He left local government in October 2002 and has been a trainer and consultant specialising in licensing since then.