Licencing Update
Belinda Moore
Weightmans LLP
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Contents
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Premises Licence
Variations of premises licences
Review of premises licences
Practical issues to consider
Review of licences
Case studies
Hearing
Appeals
Summary review
Alcohol sales
ASBOs/antisocial behaviour injunctions
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Premises licence
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Premises licence
•
The Licensing Act 2003 (LA 2003) defines the types of activities
which require a licence under the Act (s1(1)). It consolidates and
defines four specific types of licensable activity
a) The sale by retail of alcohol
b) The supply of alcohol by or on behalf of a club to, or to the order
of, a member of the club
c) The provision of regulated entertainment
d) The provision of late night refreshment


Authorisations to carry out licensable activities are granted by
licensing authorities
Regulated entertainment is caught by the Act
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Premises licence
•
The aim of the Licensing Act 2003 is to promote the
four licensing objectives which are:
1.
2.
3.
4.
The prevention of crime and disorder
To promote public safety
The prevention of public nuisance
The protection of children from harm
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Premises licence
•
Regulated entertainment is entertainment provided with a view
to profit, inclusive of charity fund raising.
•
The question is whether there was an intention to make a profit.
• Examples include plays, showing of films, all indoor sporting
events, music events unless incidental to some other event
• Live Music Act 2012
•
Exemptions may include religious places of worship, garden
fetes, vehicles in motion
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Premises licence
 When thinking about restrictions concerning certain
premises such as garages and service stations,
consider:
R v Liverpool Crown Court Ex p. Goodwin (1998)
‘The question must be what was the intensity of use by
customers at the premises?’
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Premises licence
• Q. Who issues the licence?
The authority with the greater part of the premises, in
which area the premises is situated.
• Q. Who can apply for a licence?
Anyone who carries on, or proposes to carry on, a
business involving licensable activities on the
premises.
• Q. How is an application made?
In the appropriate form prescribed by the Secretary of State
to the relevant licensing authority and accompanied by:
an operating schedule, a plan of the premises, consent of an
person nominated as ‘designated premises supervisors,’ the
appropriate fee
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Premises licence
•
The applicant must publish a notice on at least one
occasion not more than 10 working days after
submitting the application to the authority, either in a
local newspaper, newsletter, or similar document.
•
Unless any relevant representation and made to the
authority, the application must be granted
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Premises licence
• What are ‘relevant representations?’
Made by a responsible authority relating to the effect of the
grant of the licensing objectives. It will be the decision of
the licensing authority as to whether the applications are
irrelevant or not.
•
An irrelevant representation would not be directly related to the
application such as:
 A vexatious application based on business rivalry
 A ‘frivolous’ application considered to be lacking in seriousness
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Premises licence
• Applications authorising the sale of alcohol must state:
 ‘details of a designated premises supervisor’ who is holder of a
valid personal licence
 Every sale of alcohol must be made or authorised by a personal
license holder
•
Schedule 4 of the Policing and Crime Act 2009 introduced other
mandatory conditions applicable to all premises licences
authorising the sale or supply of alcohol:
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Premises licence
 Reasonable steps should be taken to ensure staff on
the licensed premises:
 Do not promote games or promotions encouraging
excessive drinking
 Ensure tap water is available
 Put in place an age verification policy
 Ensure the availability of smaller measures of alcohol
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Premises licence
•
The applicant must be informed of a successful/refused application, and
on approval, should be issued with the licence and a summary of it
•
Q. How long does the licence last?
– Unless transferred, surrendered or revoked, it will last as long as the
licensee continues to operate the business.
– If the license was for a specified time, it will expire on completion of
that time.
•
Licensing authorities cannot time limit a premises licence. The applicant
must ask for this in their application.
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Variation of licence
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Variation of premises licence
• The holder of a premises licence can apply to vary the
licence to include a new activity or extend the
licensing hours, or vary substantially the premises to
which the licence relates.
• The application to vary should be made in the same
way as a new application, and if no relevant
representations are made the variation will be
granted.
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Variation of premises licence
• If relevant representations are made, the licensing
authority must arrange a Hearing, unless
representations are deemed ‘frivolous’ ‘vexatious’, or
all parties agree to the Hearing being dispensed.
• The licensing authority should consider, if appropriate
for the promotion of the licensing objective, the
modifications or rejection of the conditions of the
licence.
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Variation to premises licence
• Variation of licence to supply of alcohol from community
premises:
 Where a management committee holds a premises licence in
respect of community premises, it can vary the licence, and
replace two mandatory conditions with an alternative condition.
 The condition to be replaced are those requiring the premises to
have a designated premises supervisor, and for the sale of
alcohol to be made or authorised by the management committee
 The Chief Officer is the only person who can object to such an
application and only on the basis that he is satisfied that granting
the application would undermine the crime prevention objective.
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Variation to premises licence
• Provisional statement
 Intended for use in relation to premises being used, extended or
altered for licensable activities. This allows a person interested
in the premises to obtain an indication of the likely effect of the
intended licensable activity on the licensing objectives.
 This application must be advertised in the same way as a
premises license.
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Variation of premises licence
• Transfer of licences
 Can be made with immediate effect, with the consent of the
holder of the premises licence
• s.44 –The licensing authority must reject application unless:
i) The transfer application has been given immediate effect
ii) The existing licence holder has agreed to the transfer
iii) The applicant has been exempted from the need
to obtain that consent
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Minor variations
• There is no real definition of ‘minor variation’ although the Act
prohibits certain applications from being subject to minor
variations such as:
 Transfer of a licence or certificate
 Specify a new Premises Supervisor
 Add the sale, by retail or supply, of alcohol at any time between
11pm and 7am
 Authorise an increase in the amount of time on any day during
which alcohol may be sold, by retail or supply.
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Minor variations
• The application must be made on the prescribed form,
submitted to the licensing Authority, advertised on or
near the premises concerned for 10 working days. A
decision should be reached within 15 days of receipt
of the application. After this time the application will be
deemed to be rejected, although an extension of this
time can be agreed with the applicant.
• Power to make the decision lies with the Licensing
Officer, who should consider if the variation adversely
affects any of the Licensing Objectives, in which case
it will be refused, and the fee returned.
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Minor variations
• Change of supervisor:
 The holder of a premises licence can apply to substitute a
different person as the designated premises supervisor
 The application should be accompanied by signed consent of the
proposed premises supervisor, and the police notified.
 Any designated premises supervisor can give notice to the Local
Authority to stop acting
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Practical issues
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Practical issues to consider
• Death of the premise licence holder
 A premise licence will lapse if the holder dies or
becomes mentally incapable or insolvent. Or, in the
case of a company, if it has dissolved.
 An interim authority can be obtained by the licence
holder representative and should be passed to the
chief officer of police within 7 days. This will reinstate
the lapsed premises licence.
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Review of licence
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Review of licence
• The Act provides for the licence of premises causing problems to
be reviewed and, if necessary revoked, suspended or amended.
• The basic procedure:
 An applicant seeking review must give written notice of the same
application to the licensing authority, and give a copy to the
premises licence holder, and to each responsible authority
 The authority must reject an application unless it is relevant to at
least one of the licensing objectives, or is, frivolous, vexatious, or
repetitious.
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Review of licence
 An applicant seeking a review must give written notice
of the application to the licensing authority, who
should advertise the application and invite
representations from responsible authorities. This
must be advertised in the appropriate form, at least A4
in size, for not less than 28 days post application.
 The licensing authority must arrange a Hearing at
which all parties may put their case.
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Review of licence
• Following this Hearing the authority may take the following steps:
 Modify the condition of the licence
 Exclude a licensable activity from the scope of the licence
 Remove the designated premises supervisor, where they
authorise the sale of alcohol
 Suspend the licence for a period not exceeding three months
 Revoke the licence
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Review of licence
• Any party to the Hearing may appeal against the decision within
21 days of being notified of it
• The review decision does not have effect until the time for
bringing an appeal has expired
• When considering a case regarding conditions imposed on a
premises licence at the second stage review for underage sales
of alcohol, the High Court made the following observation:
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Review of licence
R v Hinkley Magistrates Court & Blaby DC (2011) L.L.R.
669
‘on a second review, rather than start with a
consideration of the evidence and what was
proportionate for the promotion of the licensing
objectives, there would be a presumption of
revocation. It would be of no consequence that the
revocation was not imposed, but that revocation was a
starting point.’
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Case examples
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Some current case examples:
Case study 1
• County of Suffolk loses licence after knife incident Feb 2012
A pub in the centre of Ipswich lost its licence after a number of incidents
including some being threatened with a carving knife. Police revoked the
licence in order to maintain public
safety. As per the procedure
discussed, Licence holder Scottish
& Newcastle said an appeal
could be lodged.
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Some current case examples:
Case study 1 continued
The police became involved in February, when a noise abatement officer
from Ipswich Borough Council was confronted by an aggressive crowd at a
private party. He said police began to work with the pub but further
incidents led them to believe that it was not a "safe place for the public".
After hearing the submissions, Ipswich Borough Council's licensing subcommittee determined the licence should be revoked.
A spokesman for Scottish & Newcastle said, "We understand we
have 21 days within which an appeal could be lodged. We are
currently in the process of liaising with our legal representatives."
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Some current case examples:
Case study 1 continued
The Appeal -August 2012
Scottish & Newcastle Pub Company, which owns The County of Suffolk in
St Helen’s Street, made an application before magistrates in Ipswich to lift a
licence revocation order made in May.
During the unopposed application, magistrates agreed to replace the order
with another suspending the licence temporarily;
Magistrates heard the underlying objective of the licence revocation in May
was to get the tenant evicted and replace them with a new one, so the pub
could be run properly.
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Some current case examples:
Case study 1 continued. The Appeal -August 2012
Police, the borough council and the brewery were all said to be in
agreement the licence should now be suspended rather than be revoked.
After May’s revocation hearing Pc Craig Lannigan of Ipswich’s licensing
unit, said:
“This result will resonate with the licensed trade in Ipswich and
will send a strong message that licensees have strict responsibilities
under the Licensing Act and should continually monitor their performance
to ensure the public are kept safe while enjoying a night out”
The Pub has since reopened under new management.
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Some current case examples:
Case study 2 – Closure of Long bar, Leicester
• A city centre bar that police said was like a "boxing ring" because
of the number of violent incidents inside and outside the
premises has had its licence revoked.
• A member of the force's licensing team told the Town Hall
hearing how customers had been involved in 19 violent incidents
in five months, between July and December.
"There is responsibility for the venue management to
prevent these issues, which they have failed to do. They
have worked with us but what they have done does not
work.”
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Some current case examples:
Case study 2 – continued
Licensing committee chairman Councillor Adam Clarke
said: "We have a lack of confidence that the Long Bar
owners are able to uphold any of the licensing objectives.
Therefore, we have no choice other than to revoke the
licence."
• The owners have 21 days to lodge an appeal once they have
received formal notification of the decision.
• The bar can remain open for that time or until the result of an
appeal, if one is lodged.
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Case Study 2- timetable of
events:
•
July 25, 3.05am: Fight outside.
Victim with head injury.
•
August 17, 23.55pm: Group of
males fighting inside and
outside. One arrested for
carrying offensive weapon.
•
September 1, 5.27am: Four 16year-olds who had been drinking
inside and fighting
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•

September 7, 2.30am: Men
fighting. One man had ear bitten.
September 15, 2.50am: Male
customer found in possession of
cocaine.
•
October 5, 5.34am: Male
unconscious after fight.
•
October 13, 4.54am: Man
stabbed four times inside bar.
Case Study 2- timetable of
events continued :
•
October 24, 3.29am: Man with
broken jaw after fight inside and
outside.
•
November 30, 4.54am: Largescale disorder on street. Twenty
officers involved, four injured.
•
December 7, 6.02am: Door staff
member arrested for possible
assault. Alleged victim arrested
after assaulting police.
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Hearing
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Hearing
• Whenever relevant representations or objections are made to an
application, or if an application has been made for a review of a
premises licence, a Hearing has to be held, unless all parties
consider it unnecessary.
• Before a hearing
 A Hearing will normally need to be commenced within 20 working
days of the end of the period for making Representations.
However this can be extended where it considers public interest,
although notice of this should be given to all parties.
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Hearing
• Mediation
 It may be possible to seek to mediate between an applicant for a
premises licence and other parties to avoid the Hearing. This
can be done by correspondence, or by convening a meeting
between the parties with an officer who will facilitate, but not pass
decisions.
 The licensing authority will arrange a date, time and location for
the hearing, whilst reviewing the application to see of there will
be points on which clarification will be required at the Hearing
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Hearing
• This hearing can be dispensed with at the agreement of all
parties, if confirmed in writing.
• Notice of the Hearing should be given no later than 10 working
days before the Hearing, and should contain:
 The rights of the parties at the Hearing and the consequences if
a party does not attend or is not represented at the Hearing
 The procedure to be followed at the Hearing
 Any particular points on which the authority considers it will want
clarification at the Hearing
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Hearing
• On receipt of the notice the parties should, no later than 5
working days, give a notice to the Authority stating:
 Whether they intend to attend or be represented
 Whether he considers a hearing to be unnecessary
 The Authority may adjourn a Hearing to a specified date should it
be necessary in expediting an agreement between parties
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Hearings
Hammersmith & Fulham LBC v Food Express Ltd (2010) L.L.R 292
Applicant arrived late to a Hearing as the decision to reject a 24hr
alcohol licence was announced. They appeal the decision on the
basis there had not been a fair Hearing as the parties had only
waited 10 minutes before commencing. This was not upheld on
the basis that the time to wait is for the sub committee to decide.
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Hearing
•
Shortly before the Hearing, an Officer should prepare a report
determining the application, so as to familiarise themselves with the
case. This should include:
 the nature of the application
 any relevant background application
 Details of the promotion of the four licensing objective
1. The prevention of crime and disorder
2. Public safety
3. The prevention of public nuisance
4. The protection of children from harm
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Hearing
Q. What happens at a Hearing?
• The procedure is generally at the discretion of the licensing
authority but must conform to the regulations.
• At commencement the authority will explain the procedure to the
parties, and consider any request
 Any hearing must conform to European human rights legislation.
Any licensing authority can still be subject to Judicial Review,
even if they follow the Regulations, if their conduct does not
promote natural justice and fairness.
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Hearing
• Reg 23 states the Hearing will be in a discussion format held by
the authority, without cross examination unless the authority
considers it necessary.
• Any disruptive persons will be requested to leave the hearing and
may be:
1. Refuse to permit that person to return
2. Permit him to return only on conditions
3. They may continue to make written submissions
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Appeals
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Appeals
• An applicant who has a licence/attached conditions refused may
appeal the decision.
• An appeal must be commenced within 21 days of notification of
the licensing authority’s decision. The Magistrates Court can
make an Order for costs of the appeal.
R v City of Magistrates Court (2011) L.L.R. 105
Appeals are a rehearing, therefore new evidence can be introduced
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Appeals
• On hearing the appeal the magistrates can:
1. Dismiss the appeal
2. Substitute for the decision appealed against, any other decision
which could have been made by the licensing authority
3. Remit the case to the licensing authority to dispose of in
accordance with the direction of the court
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Summary review
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Summary review - challenges
• S52(a1) - power for the police to ask for summary review of a
premises licence which authorises the sale of alcohol
• Procedure
 Senior police officer must complete a certificate showing that the
premises are associated with serious crime, or serious disorder
or both.
 They may then apply to the licensing authority for a review of the
premises licence. The authority must advertise the application for
a summary review for a period of seven working days after the
application in received.
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Summary review - challenges
• The licensing committee will consider the following interim steps,
which have immediate effect:
 Modification of the conditions of the premises licence
 Exclusion of the sale of alcohol by retail
 Removal of the designated premises supervision.
 Suspension of the licence
• The final Hearing of the summary review application must be
made within 28 days of the application being received by the
authority. The Licensing Act 2003 (Hearings) Regulations 2005
apply. Therefore 5 days notice of the final Hearing must be given
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Summary review - challenges
• Steps at the final Hearing are:




The modification of the conditions on the licence
The exclusion of licensable activities
The removal of the designated premises supervisor
The suspension of a licence for a period not
exceeding 3 months
 The revocation of the licence
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Sale of cheap, high strength alcohol
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Sale of cheap, high strength alcohol
Following government initiatives, Council’s are taking a
far stricter view on the sale of high strength alcohol and
associated anti social behaviour, in order to uphold the
licensing objectives
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Sale of cheap, high strength alcohol
Case study 1
Shop ban on high-strength booze cuts street drinking
crime by 50%
• A campaign to ban the sale of super strength lager and cider
launched in Ipswich, Suffolk in 2013, has led to a 50 per cent fall
in reports of anti-social behaviour, and has proved so successful
it is expected to form a blueprint for cities fighting to crack down
on street drinking and alcohol related crime across the country.
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Sale of cheap, high strength alcohol
Two thirds of the town’s 122 licensed retailers,
including the Co-op, Tesco, Debenhams, Marks &
Spencer, BHS, Waitrose, Sainsbury’s and Aldi, have so
far backed the scheme by voluntarily taking cheap,
highly-potent lagers and ciders off the shelves.
As a result, the number of police calls made by
members of the public to report concern about street
drinking and related anti-social behaviour dropped to
94 between September and March 2013, from 191
during the same period the previous year.
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Sale of cheap, high strength alcohol
Case study 2
A shop has lost its alcohol licence for the Christmas period after
allegedly exacerbating underage alcohol consumption, drug
misuse and anti-social behaviour. At the shop, miniature bottles
and high-strength alcohol were on sale at discounted prices,
easily accessible to young people.
The court decided to reduce this to three months after evidence
showed management trying to establish clear and consistent
standards of acceptable behaviour, reflecting the responsibility
involved in the sale of alcohol.
Shop owners were ordered to pay £1,000 costs and their licence
to sell alcohol will be reinstated on January 22, 2014.
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ANTISOCIAL BEHAVIOUR
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Anti-social Behaviour Crime and Policing Act 2014
• Act contains provision for:
 Temporary closure of premises with a licence or temporary
events notice, by the Local Authority, should it be reasonably
believed that a public nuisance or disorder is being caused by
the premises.
 Closure notice issued for up to 48 hours without going to court
 Thereafter seek order for closure for up to 6 months from the
magistrates court
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Anti Social Behaviour
Case Study -Noisy Marsden pub to be closed for first time using
ASB law in existence at the time
•
•
•
In April 2009, Kirklees Council used the Anti-Social Behaviour Act 2003
for the first time to call time on a noisy pub following repeated
complaints from neighbours about noise and anti-social behaviour. The
act was usually used to close nuisance residential properties.
Daniel Thwaites Brewery, which owns the premises, served a notice on
the landlady seeking possession of the premises following talks with
Kirklees Environmental Services.
The pub, which was licensed until 12am on weekdays and 2.30am on
weekends, was ordered to close by a district judge following complaints
of loud music, shouting and fighting until the small hours.
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Case study continued
• The District Judge considered many factors:
“I notice a complaint at 9.30pm. That was
unreasonable but some were at 2.30am and that
clearly was in breach of the licence.”
“I am satisfied that the use of the premises has been associated
with persistent and serious nuisance to members of the public.”
• Overall the reliance on the ASB Act expedited the closure of the
pub, and so upheld the objectives of the licensing act.
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Community Protection Notice
• To stop a person, business or organisation
committing anti-social behaviour which spoils the
community's quality of life
• Behaviours must be detrimental, persistent and
continuing and unreasonable
• Warning letter
• Issue of notice
• Breach is criminal offence
• Can be used to deal with noise nuisance
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Any questions?
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