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.
Licensing Act 2003
The Licensing Act 2003 deals with the licensing of premises and registered clubs where alcohol is sold or supplied, and regulated entertainment or late night refreshment is being provided. In addition to requiring a premises licence for the sale of alcohol, individuals are also required to obtain a personal licence. For further information please see the following:
-
Premises Licences - to authorise the following licensable activities:
- Sale by retail of alcohol.
- Provision of regulated entertainment.
- Provision of late night refreshment.
-
Club Premises Certificates - to authorise certain activities at qualifying registered clubs
-
Personal Licences - for individuals to allow them to authorise the sale and supply of alcohol in venues that have a premises licence.
-
Temporary Event Notices - to permit temporary events to take place allowing certain licensable activities such as the sale of alcohol
-
Licensing registers
Licensable activities
Under the Licensing Act 2003 Leeds City Council became the licensing authority for the Leeds metropolitan district. The licensing authority issues premises licences which allow many types of business to carry out certain licensable activities:
- Saleby retail of alcohol
- The provision of regulated entertainment
- The provision of late night refreshment between 11pm and 5am
It simplified the system, with all types of business applying for just one licence, the Premises Licence. This affected pubs, bars, restaurants, supermarkets, off licences, cinemas, theatres, community premises and late night takeaways to name just a few.
Regulated entertainment includes the following activities:
- a performance of a play
- an exhibition of a film
- an indoor sporting event
- boxing or wrestling entertainment
- a performance of live music
- any playing of recorded music
- a performance of dance
- entertainment of a similar description to e), f) or g)
The licensing objectives
Under the Act the licensing authority must publish a statement of licensing policy showing how it will promote the licensing objectives of:
- Prevention of crime and disorder
- Prevention of public nuisance
- Public safety
- Protection of children from harm
This document is available on the Leeds City Council website at www.leeds.gov.uk/licensing or you can request a copy from Entertainment Licensing.
The licensing objectives have equal weight and form the entire basis of how the Act works.
Every applicant for a premises licence must show how the proposed activities will not have an adverse effect on the licensing objectives.
Likewise if individuals or businesses wish to object to the application they can only do so on the grounds of one or more the four licensing objectives. Responsible Authorities, who must be sent copies of the application, can also only object on the grounds of one or more of the four licensing objectives.
Responsible Authorities
There are seven responsible authorities listed in the Act. In Leeds these are:
- West Yorkshire Police
- West Yorkshire Fire and Rescue Services
- Leeds City Council’s Health and Environmental Action Service
- Leeds City Council’s City Development Department
- Leeds City Council’s Safeguarding Children’s Board
- West Yorkshire Joint Services - Trading Standards
- Health and Safety Executive
Cumulative Impact Policies
The Council has adopted special cumulative impact policies in five areas of the city:
- Area 1 - City centre
- Area 2 - Headingley & Hyde Park
- Area 3 - Woodhouse
- Area 4 - Chapel Allerton
- Area 5 - Horsforth
These policies control the growth of licensed premises in areas where the licensing objectives are being undermined by a concentration of licensed premises. They create a presumption that licence applications will be refused providing there are relevant representations and the applicant cannot demonstrate that their application would not add to the cumulative impact in the area. Details of the policies can be found in the council's Licensing Act 2003 Statement of Licensing Policy.
Applying for a new premises licence
The application process is fairly straightforward. The applicant submits a completed application form along with a plan of the premises. They must send copies of the application to the responsible authorities and advertise their application by way of a site notice at the premises and a newspaper advert.
Members of the public and responsible authorities have 28 days to submit a representation. Applicants are encouraged to negotiate with people who make representations. Should a resolution not be reached a hearing will be held within 20 days after the end of the consultation period. Any representation must be relevant (i.e. relate to the premises and be based on one or more of the licensing objectives).
Hearings
If necessary the application will be sent to a Licensing Sub Committee hearing. The Licensing Sub Committee will be made up of three councillors.
The applicant and any interested parties will be notified not more than ten days before the date of the hearing. They will be sent a report containing the representations that have been received in respect of the premises licence application. They will also be sent guidance explaining the format of the hearing. They will need to send back the form stating whether they will be attending the hearing or whether they will be sending a representative. During the hearing the applicant will be able to put their case forward to the Licensing Sub Committee as will any interested parties, or responsible authorities who have made representations. After this all parties are asked to leave the room while the Sub Committee deliberate. Everyone will then be invited back into the room and will be told whether the application has been granted, granted with conditions or refused.
Designated Premises Supervisor
Anyone who applies for a premises licence allowing the sale and supply of alcohol, must name a person who is responsible for the premises. This person is known as the “designated premises supervisor” and must also be a personal licence holder. The information about who this person will be is entered into page 12 of the application form PREM1. The applicant will also need to ask this person to fill out and sign form PREM2 which gives their consent to be named as such on the premises licence.
The supervisor will be responsible for the premises on a day-to-day basis. This could be the premises licence holder or an employee. Only one supervisor is required for any premises although there is no restriction on the number of personal licence holders that a premises may have.
Exemptions
Educational institutions (schools and colleges), church, chapel, village, parish and community halls or similar buildings licensed for regulated entertainment only (i.e. not including any alcohol supplies) are exempt from any premises licence fee.
For further advice or information please contact us using the contact details on the top right hand side of the page.