Aim To be familiar with the main elements of legislation affecting licensed premises, including key roles and responsibilities within the licensing framework. Learning Outcomes Understand the roles, responsibilities and functions of licensing authorities Understand the licensing objectives and the importance of partnerships in promoting these objectives Understand prohibitions and exemptions in relation to licensable activities Assessment Criteria Know what licensing authorities are Outline the roles and responsibilities of licensing authorities Outline what a licensing policy is Outline the purpose of a licensing hearing including appeals Identify the licensing objectives and their importance to the licensing system Identify the importance of partnerships in supporting the licensing objectives Identify the role of Community Safety Partnerships Identify the difference between wholesale and retail sale of alcohol Identify which forms of entertainment are regulated and which are exempt Identify which types of premises are prohibited from selling alcohol State the law in relation to the sale of alcohol on moving vehicles Suggestions for training resources A licensing authority policy A copy of the latest Home Office Guidance issued under Section 182 of the Licensing Act 2003 An example of an actual personal licence Copy of a premises licence summary 1 The Licensing Act 2003

The Licensing Act 2003 Came into force 24th November 2005 Key aims: An Act of Parliament Focus on the promotion of 4 licensing objectives Separate licensing of premises and individuals Key aims: The Licensing Act 2003 which is applicable in England, Wales and Isles of Scilly only History To provide some background information, you may like to provide candidates with a brief introduction to the history of alcohol licensing, such as: Various attempts to control excessive alcohol consumption 18th century Gin Acts Licensing Act 1964 which laid down specific hours Reform and modernisation Previous legislation 1964 Government Alcohol Strategy March 2012 identifies the following actions: Need for universal change-end availability of cheap alcohol and irresponsible promotions Tackle local problems, reduce alcohol-fuelled crime Secure industry support to change drinking behaviour Support individuals to make informed choices and understand risks of excessive drinking Protect public Provide enforcement powers Recognise role of licensed premises.

Types of licence Personal licence Premises licence Allows the holder to sell or authorise the sale of alcohol on licensed premises Premises licence Allows one or more licensable activity to take place Temporary event notice Allows licensable activities on a limited basis Explain to candidates that these different types of licences/notices will all be covered in more detail later Find out what candidates already know about the premises license for the premises where they work Have they seen the premises licence or the summary? If not emphasise the need to find out where it is and what is in it. This is especially important as they will become personal licence holders. Club premises certificate Allows the supply of alcohol to members and guests in qualifying clubs

The licensing objectives KEY POINT Fundamental principles that underpin the licensing system and must be promoted 1 The prevention of crime and disorder 2 Public safety 3 The prevention of public nuisance An understanding of the licensing objectives is an essential part of this course as all aspects of alcohol licensing are based upon these 4 objectives. Emphasise that candidates need to be very familiar with the licensing objectives as they are the fundamental principles of the Licensing Act 2003 Candidates must understand the important role they and others play in promoting and supporting the licensing objectives All businesses must be operated with a view to promoting the licensing objectives Licensing authorities must at all times promote the licensing objectives 4 The protection of children from harm All of the licensing objectives are of equal importance and understanding them is essential

Steps to promote the licensing objectives Licensed door supervisors/ security guards Staff training CCTV Bottle tagging Noise reduction Strategies to prevent underage sales These are just a few examples which candidates may wish to consider when completing Handout 2. Handout 2 – Steps to promoting the licensing objectives Candidates may prefer to work in small groups or pairs to complete this activity. This activity can be adapted to meet the needs of and be more relevant to specific groups such as those working in on or off-licence premises. Allow time for feedback and discussion of ideas. If this has not already been discussed, remind candidates about deliveries, particularly early or late deliveries of alcohol which may cause a noise nuisance to neighbours. Therefore it may be important to consider delivery times and how any noise nuisance may be reduced. External lighting

Licensable activities Those activities for which a licence is required Sale of alcohol by retail Supply of alcohol by or on behalf of a club or to the order of, a member of the club Provision of regulated entertainment Provision of late night refreshment These are the activities for which a licence is required under the Licensing Act 2003. If it is unclear whether a particular activity is licensable, then candidates should seek clarification from their local licensing authority. Explain the range of premises which are affected and which carry out licensable activities such as public houses, nightclubs, members’ clubs, off-licences, supermarkets, corner shops, restaurants, hotels, cinemas, charities, late-night takeaways and burger vans, etc. Many different types of business or organisation may undertake licensable activities including public houses, supermarkets, members’ clubs, entertainment venues and late-night takeaways

Sale of alcohol by retail A licensable activity Sale of alcohol directly to the consumer Must have a premises licence (or temporary event notice) This is where the sale of alcohol takes place directly to a person (the consumer) or where the alcohol is purchased by someone for consumption by their friends or family. Where the retail sale of alcohol takes place there needs to be a premises licence (or a temporary event notice), regardless of the amount of alcohol being sold There will be more about premises licences and temporary event notices later Excludes the wholesale of alcohol (see next slide) such as the sale of alcohol by a wine distributor to the operator of retail premises, or the sale by the brewery to the publican The legislation does not apply where the abv is 0.5% or less, therefore any drink or product with an abv of over 0.5% is classed as alcohol under the legislation and sales are a licensable activity

Requirements for the retail sale of alcohol Premises Licence 1 DPS who is also a PLH Designated Premises Supervisor (DPS) must hold a personal licence Explain that although premises and personal licences are issued separately, there is a relationship between them because a premises licence cannot be obtained without a designated premises supervisor (DPS) being appointed. The DPS must be a personal licence holder (PLH). Operating without a DPS, where the retail sale of alcohol takes place, is an unauthorised licensable activity There can be more than one PLH for each premises, but there must be one (and only one) DPS appointed If an individual is not a personal licence holder they may only sell alcohol if authorisation has been given by a PLH One exception to this is that certain community premises licensed for the sale of alcohol may not require either a DPS or for sales of alcohol to be authorised by a PLH How many PLHs work on your premises? Who is the DPS for your premises?

The supply of alcohol Supply of alcohol Either the sale by retail of alcohol, or the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club. Members’ clubs The supply of alcohol by or on behalf of a qualifying club may take place under a club premises certificate Candidates need to have some understanding of the differences between the sale and supply of alcohol. The supply of alcohol (as opposed to the retail sale) usually takes place on club premises. Qualifying clubs which meet certain criteria for membership, such as being non-profit making, may obtain a club premises certificate from the licensing authority. They are usually members-only clubs including sports clubs, British Legion clubs and working men’s clubs. Technically, club members own the alcohol so the alcohol is supplied and they make a contribution towards the costs. A club premises certificate may also permit regulated entertainment to take place.

Regulated entertainment Entertainment for an audience or spectators with an intention to make a profit. This includes: performance of a play exhibition of a film some indoor sporting events boxing or wrestling contest, exhibition or display of boxing or wrestling with a martial art some live music recorded music some dance performances This includes entertainment provided for the public or a section of the public where the aim is to make a profit Entertainment provided at charity events may be regulated if the intention is to raise money Private events are not licensable unless guests are charged with a view to making a profit There are exemptions for some forms of entertainment which do not require a licence

Exempt entertainment Examples include: incidental or background music music to create ambience pub games – darts and pool Morris dancing Deregulation - no licence for smaller-scale performances between 8am and 11pm of some: Discuss the types of entertainment which are exempt. Explain that due to the complexity of regulated entertainment, candidates must check with their licensing authority or seek legal advice before putting on any form of entertainment. Additional exemptions mean that a licence is no longer required for the following if they take place between 8am and 11pm: performance of a play with an audience of up to 500 indoor sporting event with an audience of up to 1,000 people most performances of dance with an audience of up to 500 Live music Live music is licensable but in certain circumstances it has been deregulated including: amplified live music on licensed premises (when open supplying alcohol) between 8am and 11pm for up to 500 people amplified live music in workplaces (not licensed or licensed only for late night refreshment) between 8am and 11pm for up to 500 people unamplified live music between 8am and 11pm in any place Community premises Those community premises not licensed to sell alcohol will be exempt for live and recorded music between 8am and 11pm for audiences of up to 500. The exhibition of films in community premises is exempt Local Authorities, health care providers and schools Entertainment by or on behalf of local authorities, health care providers, or schools on their own premises between 8am and 11pm with no audience limit. Recorded music Recorded music played by a DJ or for a disco in alcohol licensed premises between 8am and 11pm for audiences of up to 500. GrecoRoman and freestyle wrestling GrecoRoman and freestyle wrestling will be deregulated between 8am and 11pm for audiences of up to 1000 people. live music plays dancing indoor sporting events

Late-night refreshment The supply of hot food or hot drink between 11.00pm and 5.00am requires a licence For consumption on or off the premises May affect those premises not otherwise licenced to sell alcohol such as: takeaways fish and chip shops burger vans service stations late-night cafés This does not include vending machines which are customer operated These premises providing late-night refreshment will need to obtain a premises licence even if they don’t sell alcohol ‘Hot’ means any food or drink above ambient temperature Does not include self-service vending machines or staff canteens serving food and drink This does not require a PLH or DPS

Partnerships Community Safety Partnerships Local schemes involving licence holders, retailers, police and others Radio-link schemes Share good practice Community Safety Partnerships (CSPs) replaced Crime and Disorder Reduction Partnerships (CDRPs). They are local initiatives producing policies to reduce crime and disorder, usually involving the police, local authorities and other organisations. They have to publish a strategy every 3 years showing how they will tackle crime and disorder in their area Encourage candidates to find out about the CSPs in their local area Discuss role of pub watch, shop watch and other radio link groups operating in local areas Community Alcohol Partnerships help tackle underage drinking in local areas through co-operation with retailers and licence holders. Local Alcohol Action Areas (LAAA’s) are partnership and mentoring schemes which aim to tackle alcohol-related problems in some areas. The scheme has 3 core aims: Preventing alcohol-related crime and disorder Reducing alcohol-related health harm Generating economic growth by creating a vibrant and diverse night time economy Improve communication Support the licensing objectives

Licensing authorities Licensing authority The body responsible for carrying out all licensing functions in an area Establish licensing committee of 10 – 15 members Publish licensing policy every 5 years Administer licensing system Keep register of licences Issue licences Act as a responsible authority Licensing Policy Licensing authorities must consult with the following bodies when setting their statement of licensing policy: the chief officer of police for the area the fire authority for the area persons/bodies representative of local holders of premises licences persons/bodies representative of local holders of club premises certificates persons/bodies representative of local holders of personal licences persons/bodies representative of businesses and residents in the area The licensing policy must be under constant review and must have regard for guidance issued by the Secretary of State Licensing Committee A licensing committee is made up of at least 10 but no more than 15 elected councillors (known as members). At least one sub-committee made up of 3 members must be established to undertake hearings. Licensing committees hold hearings to deal with problems or representations which are usually contested issues and/or objections. Authorised officers, known as licensing officers, are employed by the licensing authority to carry out the day-to-day duties of the authority, including issuing licences and enforcement. As a responsible authority, the licensing authority may make representations to a premises licence application (and variation application) and apply for the review of a premises licence. KEY POINT The licensing policy shows how the licensing authority will promote the licensing objectives

Purpose of a licensing hearing Allow a decision to be made by the licensing committee following: relevant representations to new premises licence or variation application objections to personal licence application objections to a temporary event notice review requests closure orders an application for the summary (fast track) review of a premises licence A hearing allows all involved to put forward their case to be considered by the licensing committee KEY POINT Licensing authority must hold a hearing unless all parties agree that one is not required Hearings involve 3 members of the licensing committee – known as a sub-committee Hearings must involve a fair and open process that gives all parties the chance to put forward their case for consideration by the committee The outcomes of the hearing must be communicated to the parties involved

Appeals The right of all parties involved to challenge a decision made by the licensing committee All parties involved in the hearing have a right of appeal to the magistrates’ court within 21 days if they wish to challenge the decision In certain situations a party affected may go for a judicial review to the High Court. This is to challenge the process not the result of the hearing Trainers may provide candidates with relevant local or national examples KEY POINT An appeal must be made to a magistrates’ court within 21 days of the licensing authority’s decision

Excluded premises These excluded premises can never be licensed to sell alcohol: most motorway service areas garages selling or repairing vehicles petrol stations selling mostly fuel Petrol stations with a retail shop selling groceries and other items may apply for a premises licence to sell alcohol Service stations, shops and restaurants on motorways (not ‘A’ roads) may not be licensed to sell alcohol However, certain motorway service areas may be granted a licence. The reason for this is, although section 176 of the Licensing Act 2003 prohibits the licensing of motorway service areas, some sites (generally privately owned sites built after 1992) have been granted a licence to sell alcohol Sale on or from a vehicle Vehicles can be licensed to sell alcohol. However, the sale of alcohol must take place when the vehicle is temporarily or permanently parked. The penalty for breaking terms of this offence is an unlimited fine and/or 3 months in prison. It is an offence to sell alcohol on or from a moving vehicle

Exempt premises No need for a licence to sell alcohol: on board an aircraft, hovercraft or train on board a ship on an international voyage at an approved wharf at a port at a royal palace at premises occupied by the armed forces The sale of alcohol can take place at these sites, but it is not a licensable activity, so no premises licence is required. Alcohol sales on a train A magistrates’ court may make an order prohibiting sales from a train during a specified period to prevent disorder. It is an offence to sell alcohol on a moving train when there is a court order in place. KEY POINT The sale of alcohol is not a licensable activity when it takes place on exempt premises

Internet mail order sales and delivery Premises licence required for premises from where alcohol is despatched No licence required for the place where the order comes into the business Alcohol delivery services to be notified to licensing authority The warehouse or other place where alcohol is dispatched from in England or Wales will require a premises licence and a DPS, but not the place where the order is taken or received The place requiring the licence is where alcohol is dispatched from, not where the order comes into the business No door-to-door sales from a vehicle

Sales of alcohol by wholesale The wholesale or trade sales of alcohol are excluded and no premises licence is required This includes: alcohol sales by breweries to licensed premises supplies of alcohol to the retail trade alcohol sales to the premises user who has organised a temporary event sales to club premises Alcohol Wholesaler Registration Scheme (AWRS) To prevent fraud, alcohol wholesalers must be registered with HMRC. From 1 April 2017, alcohol retailers must ensure they only purchase alcohol from registered wholesalers. If alcohol is purchased from a non-registered wholesaler, the retailer may be prosecuted. Licensed premises, such as shops or off-licences which sell alcohol to other businesses must be registered under the AWRS. Application is free and can be completed on line at: https://www.gov.uk/guidance/the-alcohol-wholesaler-registration-scheme-awrs

How much do you know? What is meant by ‘the supply of alcohol’? Retail sales and supplies of alcohol without the need for a premises licence Both retail sales, and supplies under a club premises certificate The correct answer is B The sale of alcohol by retail only Alcohol sales and supplies which take place outside of permitted hours