Licensing Act - Frequently Asked Questions

The Act does not come into force fully until the Second Appointed Day.  The Secretary of State has not formally announced that date yet, but it is anticipated that it will be 7th November 2005.

When the Act comes into force does it mean that all pubs and clubs will be open 24 hours a day, seven days a week?

No.  The Act abolishes national licensing hours so there will no longer be a fixed closing time.  It is for each applicant for a Premises Licence to decide what hours they would like to open.

What does `the vicinity` mean?

The term `in the vicinity` is not defined in the Act, but any interested party would clearly have to demonstrate that the grant of a Premises Licence would have an effect on those, or those that they represent, in order for the representation to be considered relevant.

No.  If you are applying for a licence that simply reflects what you already have, as long as there is no objection from the police (and that should only happen in very exceptional circumstances), the Licensing Authority is obliged to issue a licence.

Will I be able to apply for changes to my existing licence to take advantage of the new freedoms when I apply for conversion of my existing licences?

Yes.  At the same time that you apply for your Conversion Licence you can apply for a variation of that licence.  If you apply for a variation then that variation will be subject to the same consultation procedures as applications for completely new licences.  That means that if there is a relevant representation from a responsible authority or interested party, then a Sub-Committee hearing will have to be held to decide whether or not the variation should be granted or be made subject to additional conditions.

If I apply for a variation can the Licensing Sub-Committee change the licences I already hold?

No.  A Sub-Committee will only be able to consider any variations applied for with a conversion application.  However, once the new licence comes into effect then it could be subject to review at any time, if there are grounds for review.  Any licence that is reviewed may be reviewed in its entirety, not just the changes that were made as a result of the Licensing Act coming into force.

I currently hold a licence for the sale of alcohol.  What do I need to do to get a new Personal Licence?

If you currently hold and `on` or `off` licence you will qualify for a new Personal Licence and will be able to apply to the Licensing Authority in whose area you LIVE for such a licence.

Do I need a Personal Licence for every premises I work in?

No.  You only need and are only allowed one Personal Licence.  A Personal Licence entitles the holder to sell alcohol or authorise the sale of alcohol in any licensed premises in England and Wales.

As the Personal Licence Holder do I need to be on the premises whenever alcohol is being sold?

Section 19 of the Licensing Act requires that at any premises which is licensed for the supply of alcohol every supply of alcohol must be made or authorised by a person who hold a Personal Licence.  What constitutes authorising every sale of alcohol is not defined in the Act and will ultimately be decided by the Courts.

This Licensing Authority`s view is that a Personal Licence holder must be in a position to demonstrate sufficient direct control over the supply of alcohol to ensure that the licensing objectives of the Act are met.  This does not mean that there must be a Personal Licence holder behind the bar or counter whenever a sale is made.  However, if there is only one Personal Licence holder and that person is on three weeks holiday in Australia it is unlikely that they will be able to satisfy the requirement of Section 19.  What does constitute adequate control will have to be determined on a case by case basis, but the Licensing Authority`s priority will be to deal with those premises where the licensing objectives are not being promoted.

This Licensing Authority has consulted a leading Licensing Barrister on this subject and he has agreed with our interpretation.

I am currently the Steward in a club.  Will I have to apply for a Personal Licence?

Not necessarily.  If the club proposes to operate under a Club Premises Certificate and the only supply of alcohol is to members and guests, there is no requirement for that supply to be by a Personal Licence holder.  However, if the club chooses to apply for a Premises Licence to allow it to sell alcohol to any member of the public then, whilst it is operating under the Premises Licence, supply of alcohol must be by or authorised by a Personal Licence holder.