This page contains information about the Licensing Act 2003. If you need any help or advice about anything on this page please contact us by telephone or email. Our telephone line is open Monday to Thursday 9am - 5pm and Friday 9am - 4:30pm. You can also offer us feedback on our service by filling out our online customer feedback form.
The Licensing Act 2003 came into full operation on the 24 November 2005. It modernised licensing law in England and Wales by removing un-necessary restrictions and bringing together four existing licensing regimes. The Act also transferred responsibility for the licensing of liquor from the magistrates court to local councils. This means
- licensing can be more responsive to the needs of local communities.
- licensees no longer need separate licences for liquor and for public entertainment.
In addition the Act allows more flexible drinking hours with the possibility of hours being extended. It is hoped this will help to prevent the drinking to excess with resultant violence and disorder at closing times.
The role of the council in granting licences is a reactive role. The council is only allowed to impose conditions upon licences in relation to things like opening hours if it receives representations in relation to any application.
Applicants are required to serve notice of their application on a number of responsible authorities including the police, fire service, and the Council’s Environmental Health Department. Applicants are also required to publish details of their application in local newspapers and place a public notice (similar to a planning notice) outside the premises.
Representations can be received from the responsible authorities or from members of the public or local businesses or their representatives (interested parties).
If representations are received the council will hold a hearing at which the application and operating schedule will be considered. Matters which are set out by the applicant on the operating schedule will form conditions on the licence. The council is able to refuse a licence or impose any other conditions it thinks are necessary after hearing the representations.
The council also has the power to carry out reviews of the licence on request. Again requests for reviews can come from responsible authorities or interested parties in the same way that representations can be made.
When carrying out any decision making function such as the consideration of conditions or reviews of licences, the council must have regard to the guidance issued by the Secretary of State and to the licensing policy.
For further advice or information please contact us using the contact details on the top right hand side of the page.