Licensing Act 2003

Licensing Summary
Licensing Summary
 
Licensing Fees.pdf [pdf] 45KB for all applications under the Licensing Act 2003
Temporary Event Notices
if you wish to hold an ad-hoc event in England or Wales, you must give a temporary event notice (TEN) to your local licensing authority. If the premises where the event is to be held is in areas governed by two or more local authorities applications must be made to each.
You must be 18 years of age or older. Only one TEN application must be sent with the payment to the Licensing Department and one copy to the Licensing Police at Southend Police Station and Environmental Health Department at Castle Point Borough Council. The Police and Environmental Health then have 3 working days to submit an object to the application. Applications must be submitted at least 10 working days before the event.
Single premises can be used for licensable activities from 15 day to 21 days in a calendar year. (The number of applications that can be made by premises remains 12 per year).
The number of times a person (the premises user) may give a TEN (50 times per year for a personal licence holder and 5 times per year for other people Included in these numbers a personal licence holder may give 10 late TEN’s and other people 2 Late TEN’S). Please bear in mind the limits for each premise.
Late Notices of TEN’s
A late Ten is one which is given to the authority no later than 5 working days but no earlier than 9 working days before the event.
If a late TEN is given in writing it must be given to the licensing authority, police and environmental health no later than 5 working days before the event and no earlier than 9 working days before the event.
If the Police or Environmental Health Dept objects to a late TEN a counter notice must be issued without the need for a hearing and there is no right of appeal.
Eligibility Criteria
An activity that can be licensed must be carried out as detailed in a notice that must be given.
The notice must be in a specific format and must be made by someone over 18 years of age.
The notice should contain:
  • if alcohol is to be supplied, a statement confirming that it is a condition of using the premises that the supplies are made under the premises user's authority
  • a statement relating to certain matters
  • any other required information
The matters referred to above are:
  • details of the licensable activities
  • the event period
  • the times when during that period the activities will take place
  • the maximum number of people proposed to be allowed on the premises
  • any other required matters
Regulation Summary
Application Evaluation Process
The licensing authority will issue an acknowledgement of the TEN applications.
Environmental Health and Police now have the right to object to TEN applications and will able to object on any of the licensing objectives.
If the Police or Environmental Health Dept objects to a TEN a counter notice will be issued by the licensing authority and a hearing held.
If an objection is made to a TEN the Licensing Authority may impose conditions if it is appropriate to do so and the conditions are already contained on a premise licence/club premises certificate for the premises, and it would not be inconsistent with carrying out licensable activities under the TEN e.g. extending a condition relating to door supervisors.
Your event must involve no more than 499 people at any one time and last no more than 168 hours with a minimum of 24 hours between events.
The local licensing authority must hold a hearing if an objection notice is served. They may issue a counter notice if it considers it necessary for the promotion of crime prevention objective. A decision must be made at least 24 hours before the beginning of the event.
A police chief may modify the TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn.
Counter notices may be provided by the licensing authority if the number of permitted TENs has been exceeded.
Will Tacit Consent Apply?
 
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. If you applied through the UK Welcomes service or use the contact details below.
Apply online
Failed Application Redress
Please contact your Local Authority in the first instance.
If a counter notice is given in relation to an objection notice the applicant may appeal against the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.
Licence Holder Redress
 
Please contact your Local Authority in the first instance.
Consumer Complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.
Other Redress
If a licensing authority decides not to issue a counter notice in relation to an objection notice the chief police officer can appeal the decision. Appeals must be made to the local Magistrates' court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.
Trade Associations
 
 
 

Club premises certificate

Licence summary
To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from your local authority. In a qualifying club there is technically no sale by retail of alcohol (except to guests) as the member owns part of the alcohol stock and the money passing across the bar is merely a mechanism to preserve equity between members where one may consume more than another. In order to constitute a qualifying club you must also satisfy the various requirements set out in the Licensing Act 2003.
Eligibility Criteria
Clubs must be qualifying clubs. A qualifying club has general conditions it must satisfy. These are:
  • a person may not be given memberships or as a candidate for membership to any membership privileges without an interval of at least two days from their membership application or nomination and their membership being granted
  • that club rules state that those becoming member without nomination or application cannot have membership privileges for at least two days between them becoming members and being admitted to the club
  • that the club is established and conducted in good faith
  • that the club has at least 25 members
  • that alcohol is only supplied to members on the premises on behalf or by the club
Additional conditions in relation to the supply of alcohol must be complied with. These conditions are:
  • that alcohol purchased for and supplied by the club is done by members of club who are over 18 years of age and are elected to do so by the members
  • that no person at the expense of the club receives any commission, percentage or other similar payment in regard to the purchase of alcohol by the club
  • that there are no arrangements for anyone to receive a financial benefit from supplying alcohol, apart from any benefit to the club or to any person indirectly from the supply giving a gain from running the club
Registered industrial and provident societies and friendly societies will qualify if the alcohol is purchased for and supplied by the club is done under the control of the members or a committee of members.
Relevant miners' welfare institutes can also be considered. A relevant institute is one that is managed by a committee or board that consists of at least two thirds of people appointed or elevated by one or more licensed operators under the Coal Industry Act 1994 and by one or more organisations who represent coal mine employees. The institute can be managed by the committee or board where the board cannot be made up as detailed above but is made up of at least two thirds of members who were employed or are employed in or around coal mines and also by people who were appointed by the Coal Industry Welfare Organisation or by a body who had similar functions under the Miners' Welfare Act 1952. In any case the premises of the institute must be held on a trust as required under the Recreational Charities Act 1958.
Regulation Summary
Application Evaluation Process
A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes.
Applications should be made to the local licensing authority, which will the local authority where the premises are situated.
Applications should be submitted with a plan of the premises which must be in a specific format, a copy of the rules of the club and a club operating schedule.
A club operating schedule is a document which must be in a specific format and which includes information on:
  • the activities of the club
  • the times the activities are to take place
  • other opening times
  • if alcohol supplies are for consumption on or off the premises or both
  • the steps that the club propose to take to promote the licensing objectives
  • any other information that is required
If there any alterations to the rules or name of the club before an application is determined or after a certificate is issued, the club secretary must give details to the local licensing authority. If a certificate is in place this must be sent to the licensing authority when they are notified.
If a certificate is in place and the registered address of the club changes the club must give notice to the local licensing authority of the change and provide the certificate with the notice.
A club may apply to a local licensing authority to vary a certificate. The certificate should accompany the application.
The local licensing authority may inspect the premises before an application is considered.
Fees may be payable for any type of application relating to a club premises certificate.
Will Tacit Consent Apply?
 
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. You can do this online if you applied through the UK Welcomes service or use the contact details below.

 

 

Premises licence

Licence summary
To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales.
Eligibility Criteria
Any of the following may apply for a premises licence:
  • anyone who uses carries on a business in the premises to which the application relates
  • a recognised club
  • a charity
  • a health service body
  • a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
  • a chief police officer of a force in England and Wales
  • anyone discharging a statutory or function under Her Majesty's prerogative
  • a person from an educational institute
  • any other permitted person
Applicants must not be under 18 years of age.
Regulation Summary
Application Evaluation Process
Applications must be sent to the licensing authority for the area where the premises are located.
Applications must be in a specific format and be accompanied by any required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).
An operating schedule will include details of:
  • the licensable activities
  • the times when the activities will take place
  • any other times when the premises will be open to the public
  • in the case of applicants who wish to have a limited licence, the period the licence is required for
  • information in respect of the premises supervisor
  • whether any alcohol that is to be sold is for consumption on or of the premises or both
  • the steps proposed to be taken to promote the licensing objectives
  • any other required information
Applicants may be required to advertise their application and to give notice of the application to any other person or responsible body, eg the local authority, chief police officer or fire and rescue authority.
The licensing authority must grant the application, which can be subject to conditions. A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.
The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious) and the chief of police.
Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.
Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.
Will Tacit Consent Apply?
 
 
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. 

LGSL 646

Apply online

LGSL 860

 LGSL 1071

 
Failed Application Redress
Please contact your Local Authority in the first instance.
If an application for a licence is refused the failed applicant can appeal.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Licence Holder Redress
Please contact your Local Authority in the first instance.
If an application is made by the chief police officer, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations.
A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Consumer Complaint
An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Other Redress
The chief police officer for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.
A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.
An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.
An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.
A chief police officer may make representations to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.
An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Trade Associations
 

 

 The licensing system has four objectives, which are the key to all licensed operations:
  1. the prevention of crime and disorder
  2. public safety
  3. The prevention of public nuisance
  4. The protection of children from harm
  
 
Personal Licence
A personal licence authorizes an individual to supply alcohol, in accordance with a Premises licence. An application must be made on the prescribed form to the Licensing Authority for the area in which the applicant usually lives. there are a number of documents that must be submitted with the application  full details can be obtained from the Licensing Unit on 01268 8823480

 licensingunit@castlepoint.gov.uk

Menu - Licencing

Phone
01268 882499 or 01268 882480
Monday – Thursday 09:00 – 17:00 ;
Friday – 09:00 – 16:30

E-Mail
licensingunit@castlepoint.gov.uk