Licensing Act 2003

Renewal of personal licences is no longer required

With effect from 01 April 2015, any personal licences due to expire, on reaching ten years since first issued, no longer do so, as a result of the implementation of the Deregulation Act 2015.

This means that any personal licences due to expire or already expired since 01 April 2015, will continue to run without the licence holder renewing their personal licence. This will mean that any photo card or paper personal licence counterpart held, will show an expiry date, which is no longer relevant and the personal licence will run continuously until it is either surrendered by the holder or revoked by a court on conviction for a relevant offence.

There still remains a requirement under the Licensing Act 2003 for personal licence holders to notify the issuing authority of any change of name and address. This notification must be in writing, with the fee of £10.50.

Personal licence holders must still notify the issuing authority of any convictions received at court for relevant offences. Failure to notify change of name or address, or convictions is an offence.

Visit the Licensable Activities page for further information. 

About the Act

The Licensing Act 2003 was fully implemented on 24 November 2005, when responsibility for the issuing of licences for the supply of alcohol (supply includes the sale of alcohol by retail) passed from the magistrates courts to the Council (the licensing authority). In addition this Act incorporates the licensing of Regulated Entertainment and Late Night Refreshment

Any person wishing to carry out licensable activities at a premises, must do so under the authority of a Premises Licence or Club Premises Certificate.

If proposed licensable activity is of a temporary nature, then this may be allowed under a Temporary Event Notice.

Licensing Policy

This is the Statement of Licensing Policy as determined by the council in respect of its licensing functions, with regard to the Licensing Act 2003. This document sets out the position and view of the Licensing Authority (Hastings Borough Council) in respect of matters in connection with the discharge of its licensing function.

This Statement of Licensing Policy has been created in accordance with the Licensing Act 2003 (the Act) and having regard to guidance issued by the Home Office under Section 182 of the Act. The purpose of this statement is to share the licensing objectives and set out a general approach to making licensing decisions. This policy will guide application decisions and the conditions when relevant if representations are received.

The aim of the policy is to achieve a sustainable tourist, entertainment, and cultural industry in Hastings, while securing the safety and amenity of our residential communities and promoting the licensing objectives set out in the Act:

• Encourage tourism
• Encourage an early evening and night-time economy, which is viable, sustainable, and socially responsible
• Reduce alcohol misuse 
•  Encourage employment.

This Statement of Licensing Policy commenced on 10 February 2021 and will continue for a five-year period. During the five-year period the policy will be kept under review and the authority will revise it when necessary.  Further licensing statements will be published every five years after this or earlier if necessary.

Hastings Borough Council has created several Cumulative Impact Zones (CIZs), designed to regulate the numbers of licensable premises in Central St Leonards, Hastings Town Centre and the Old Town and promote good practices to minimise the adverse impact from alcohol-use. The council has also adopted a matrix approach to decision making to encourage the right type of alcohol establishment across the town.  These zones have recently been extended following a public consultation. This widened the Cambridge Road area which now includes all of Queens Road and Wellington Place.

Additional information is available to assist applicants. These sources are available at:

• Hastings Borough Council Licensing Policy
• New guidance issued by DCMS

Forms downloaded from the above site will be accepted by any licensing authority.

Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

This Order is designed to help tackle alcohol-related crime, nuisance and disorder and sets out five new mandatory licensing conditions that will apply to all those licensed to sell or supply alcohol in the "on-trade", such as pubs, bars and members' clubs.  In addition, the mandatory condition on age verification will also apply to the "off-trade", such as supermarkets, off-licences and convenience stores.

Paragraphs 1, 2 and 3 are effective from 06 April 2010 and paragraphs 4 and 5 effective from 01 October 2010.

Download the Order:

• Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 (.pdf 25KB)

Licensing Objectives

The Licensing Act 2003 ('the Act') promotes four licensing objectives. These are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

These objectives comprise the basis on which the licensing authority determines what is in the overall public interest when carrying out its functions. Each objective is of equal importance.

Licensable Activities

The Act lists four licensable activities, which are to be regulated by the provisions of the Act.  These, in brief, are:

• The sale by retail of alcohol
• The supply of alcohol by clubs
• The provision of regulated entertainment
• The provision of late night refreshment

There is a misconception that the Licensing Act 2003 only applies to the sale or supply of alcohol - this is not the case.  It involves other areas that were licensed by local authorities, such as public entertainment licences for pubs, clubs, cinemas, theatres, Community Premises and also includes any premises selling hot food or hot drink after 11pm at night, including mobile catering units.

Making Representations

The Act 2003 will enable thorough scrutiny of all applications by two named groups.

• Responsible authorities
• Interested parties

Responsible authorities

These are 'bodies' such as the police, fire authorities, health and safety executive, and environmental health noise pollution, trading standards and child protection authorities, all will be notified of every application for a new premises licence, or variation of existing licences.  They will have the opportunity to make representations to the licensing authority about the effect on the promotion of the licensing objectives of the application.

Interested parties

These are normally residents and businesses in the vicinity of the premises which is making an application for a new licence or for variations to an existing licence.  This gives the local community a greater say than ever before in licensing decisions.

Relevant representations

For a representation to be relevant it must be one that is about the likely effect of the application on the promotion of the four licensing objectives.  Also, if the representation is made by an interested party it will not be relevant if the licensing authority considers it to be vexatious or frivolous.

All representations must be in writing to the licensing authority. Representations should be sent to: The Licensing Manager, Hastings Borough Council, Muriel Matters House, Breeds Place, Hastings.
TN34 3UY. Telephone: 01424 451042

The Act makes provision for rights of appeal against a licensing authority's decision to the magistrates' court.

Similar provisions apply in regards to applications for, or to vary, a club premises certificate and in respect of applications for a provisional statement.

Putting forward your views on applications for, or to vary, a premises licence

When applying for, or seeking to vary, a premises licence, an applicant must give notice of their application to each responsible authority.  The applicant will also be obliged to advertise his/her application.  Any residents or business operating in the vicinity of the premises which are the subject of the application will be able to make representations to the licensing authority about the application, if they wish to do so.  This includes the ability to raise objections.

All interested parties and responsible authorities will have a period of 28 days, from the application date, in which they can make representations to the licensing authority about the application.

If the licensing authority considers that the representations are relevant it must hold a hearing before an elected committee to consider those representations (unless all agree that this is unnecessary).

The licensing committee will then have choices as to how it proceeds depending upon what is necessary for the promotion of the licensing objectives.  It may:

decide to grant or vary the licence in the same terms as it was applied for
decide that it is necessary to refuse to issue or vary the licence
decide to grant or vary the licence, but to modify the conditions
exclude from the scope of the licence a licensable activity
If no relevant representations are made the licence or variation must be granted (subject to any mandatory conditions).

A similar approach is taken in respect of club premises certificates and provisional statements.

Requesting a review of a premises licence/club premises certificate

An interested party or responsible authority can, at any time, apply to the licensing authority for a review of an existing premises licence on grounds relating to the licensing objectives.  The person or body requesting the review must notify the holder of the premises licence and each responsible authority of their request.

The licensing authority can reject any ground for the review if it considers it to be frivolous, vexatious or a repetition.  If the representations are not rejected, the licensing authority must hold a hearing to consider the application. unless the applicant and each person making representations, agrees following mediation with the licensing authority, that a hearing is unnecessary.

The licensing authority may hold mediation with the responsible authorities or interested parties making representations.

The sale by retail of alcohol

This effects persons and premises previously regulated by the licensing justices. Any person licensed to sell alcohol or who wants to become licensed to sell alcohol, will require a Personal Licence and the premises will require a Premises Licence.

Designated Premises Supervisor (DPS)

Each premises licensed for the sale of alcohol will require a nominated personal licence holder, to be called the DPS who will be responsible as the representative or point of contact for the premises.  This person has to provide written consent to this role and be involved in the day to day running of the premises.  This person does not have to be on the premises all the time but when not present they would still remain 'responsible' for the premises concerned.  However if this DPS is absent from the premises for an extended period of time there may be a requirement for the DPS to be varied.  Any queries should be directed to the Licensing Manager.  See also: Variations Section.

Please Note: if the DPS is a different individual to the existing justices' licence holder, they will be nominated by them in writing.  This responsible person is known as the Designated Premises Supervisor (DPS) This person must be a personal licence holder and there is only one DPS per premises.  The police can object to the nomination of this person.

Premises Licence

Premises is defined under the Section 193 of the Act and means any place and including a vehicle, vessel or moveable structure and includes open spaces of land.  These need to have a Personal Licence for licensable activities to take place there.

A premises licence is required for:

• The provision of regulated entertainment
• The provision of late night refreshment
• The sale by retail of alcohol

If a premises has not previously been subject of any form of licensing by the local authority, its use will need to be authorised and applicants should complete the form.

Consultation process for Premises Licence and Club Premises Certificate applications.

Applications for either of the above are subject to a consultation process.

A copy of your application and plans MUST be sent to the Responsible Authorities.  These are the Chief Officer of Police, Chief Fire Officer, trading standards, child protection body and various other council departments - planning, health and safety and environmental health.

Additionally the application MUST be advertised in the public notice section of a local newspaper.  The notice MUST be published once in an edition of the local newspaper, commencing the day after the application was submitted to the licensing authority, in a following ten day period.

The local newspaper serving the area covered by Hastings Borough Council is the Hastings and St Leonards Observer.  They are contactable on 01424 854242 or by e-mail on observer.ads@jpress.co.uk.

An external notice MUST also be displayed at the premises for which the application refers.  This must be clearly displayed and able to be read from outside the premises when closed. This MUST be displayed for 28 consecutive days commencing the day after the application is submitted to the licensing authority.

Use this template for a Premises Licence Application, and this template for a Club Premises Certificate.  The colour of paper, font size and information required is specified.

After the notice has been displayed for the 28 consecutive days, the 'Declaration of Display of Site Notice' should be completed, signed and returned to the licensing authority.

Personal Licences

Applicants for a Personal Licence, need to obtain an accredited qualification.

Currently accredited qualifications under the 2003 Licensing Act are:

• BIIAB (QCF Recognition number RN5118)
  Level 2 Award for Personal Licence Holders
  Qualification accreditation number 501/1494/3
  Website: www.bii.org
  Telephone: 01276 684 449
  Email: qualifications@bii.org
  Address: BIIAB, Wessex House, 80 Park Street, Camberley, Surrey, GU15 3PT
  
• CIEH (QFC recognition number RN5238)
  Level 2 Award for Personal Licence Holders
  Qualification accreditation number 601/2104/X
  Website: http://www.cieh.org/
  Telephone 0207 827 5800
  Email: customerservices@cieh.org
  Address: Chartered Institute of Environmental Health, Chadwick Ct, 15 Hatfields, London, SE1 8DJ
  
• Highfield Qualifications (QCF Recognition number RN5219)
  Level 2 Award for Personal Licence Holders
  Qualification accreditation number 603/2597/5
  Website: www.highfieldqualifications.com
  Telephone: 0845 226 0350
  Email: info@highfield.co.uk
  Address: Highfield Qualifications, Highfield House, Heavens Walk, Lakeside, Doncaster, DN4 5HZ
  
• LASER (QCF Recognition number RN5326)
  Level 2 Award for Personal Licence Holders
  Qualification accreditation number 600/6446/8
  Website: www.laser-awards.org.uk/
  Telephone: 01932 569894
  Email: enquiries@laser-awards.org.uk
  Address: Phoenix House, Pyrford Road, West Byfleet, Surrey KT14 6RA
  
• NCFE (QCF Recognition number RN5156)
  Level 2 Award for Personal Licence Holders
  Qualification accreditation number 600/1323/0
  Website: www.ncfe.org.uk
  Telephone: 0191 239 8000
  Email: info@ncfe.org.uk
  Address: Q6 Quorum Business Park, Benton Lane, Newcastle Upon Tyne, NE12 8BT
  
• Pearson Education Ltd (QCF Recognition number RN5133)
  Level 2 Award for Personal Licence Holders
  Qualification accreditation number: 601/3483/5
  Website: http://qualifications.pearson.com
  Telephone: 0844 576 0045
  Email: wblcustomerservices@pearson.com
  Address: Pearson Education Ltd, 80 Strand, London, WC2R 0RL
  
• SQA (QCF Recognition number RN5167)
  Level 2 Award for Personal Licence Holders
  Qualification accreditation number 600/1269/9
  Website: www.sqa.org.uk
  Telephone 0845 279 1000
  E-mail: customer@sqa.org.uk
  Address: The Optima Building, 58 Robertson Street Glasgow G2 8DQ
  
• Training Qualifications UK
  Level 2 Award for Personal Licence Holders (QCF Recognition number RN5355)
  Qualification accreditation number 601/6508/X
  Website: www.tquk.org
  Telephone: 033333 583344
  Email: account.managers@tquk.org Address: 84 Liverpool Road, Cadishead, Manchester, M44 5AN

Courses are available from the following training providers:

• Lets Do Business,
  Ocean House,
  8th Floor, 87 - 89 London Road,
  St. Leonards on Sea,
  TN37 6LW.
  Telephone: 0844 415 2272 or 01424 205500
  Email: info@ldbgroup.co.uk
  Courses are £175 per applicant.
  
• Sussex Downs College,
  Cross Levels Way,
  Eastbourne,
  BN21 2UF.
  Telephone: 030 300 38439
  Website: www.escg.ac.uk
  Courses are £150 per applicant.

Further information about the BIIAB qualification is available at www.bii.org, e-mail qualifications@bii.org or telephone 01276 684 449.

Further information about the EDI Level qualification is available at www.ediplc.com, e-mail enquiries@ediplc.com or telephone 01276 684 449.

Further information about the GQAL qualification is available on the GOV.uk website.

Applicants also need to obtain the following:

A criminal conviction certificate issued under section 112 of the Police Act 1997(1), or a criminal record certificate issued under section 113A of the Police Act 1997, or the results of a subject access search under the Data Protection Act 1998(2) of the police national computer by the National Intelligence Service.

You are able to obtain a basic criminal records bureau check from:

Web: Disclosure Scotland
Telephone: 0870 6096006;
Fax: 0870 6096996;
Post: Disclosure Scotland, PO Box 250, Glasgow, G51 1YU.

This result shall be issued no earlier than one calendar month before the giving of the application to the relevant licensing authority.  Applicants also need to complete the Disclosure of conviction form and submit with their application.

Two passport sized photographs should be obtained.  The requirements are:

• Size: 45mm by 35mm.
• These should be taken on a light background so that the applicant's features are distinguishable and contrast against the background.
• Full face uncovered without sunglasses and (unless the applicants religious beliefs dictate otherwise) without head covering.
• The reverse of one photograph should be endorsed by a 'person of standing in the community' includes a bank or building society official, a police officer, a civil servant or a minister of religion.  Others who can sign include a solicitor, notary, or any individual who holds a 'professional qualification'.
• The reverse of one photograph should be endorsed 'I certify that this is a true likeness of (PRINT NAME OF APPLICANT)'
• Signature of qualified person and print name.

Personal licences are required for individuals to sale, or to authorise the supply of alcohol.  The personal licence is separate from the premises licence.

The personal licence relates only to the supply of alcohol under a premises licence. An individual will not require a personal licence for other licensable activities such as the provision of regulated entertainment or late night refreshment, or for the supply of alcohol under a club premises certificate.

An individual may hold only one personal licence at any one time.

More than one individual at the licensed premises may hold a personal licence, although it is not necessary for all staff to be licensed.  But, all supplies of alcohol under a premises licence must be made by or under the authority of a personal licence holder.

Applicants should apply to the local authority of the area in which they are ordinarily resident.

A personal licence no longer has a renewal date, once issued it remains in force until either surrendered or the holder is convicted of a relevant offence and a court revokes the licence.

If during the course of the ten year period, the Personal Licence holder relocates to another licensing authority area they do not have to re-apply to that licensing authority in England and Wales, but would continue to be authorised under their existing personal licence until its expiry date, but they are required by law to notify their existing Licensing Authority of any change of name, or address.

In all cases, copies of Personal Licence applications must be sent to the Chief Officer of Police for the area.

The correct Licensing Fee should accompany all applications.

Convictions - Personal Licence Holders

In the event of a Personal Licence holder being charged with a Relevant Offence they MUST notify the court that they are a Personal Licence holder.

In the event of conviction by a court for a Relevant Offence, they MUST notify the licensing authority that issued the personal licence of the conviction.

A personal licence holder commits an offence if he / she fails to comply with these requirements.

List of relevant offences:

• Licensing Act 2003: Schedule 4 Personal Licence - Relevant Offences (.pdf 39KB)
  

Forfeiture or suspension of Personal Licence on conviction for a relevant offence.

A court can order the forfeiture of the Personal Licence, or its suspension for a period not exceeding six months.

Theft or loss of Personal Licence.

Where a Personal Licence is lost stolen, damaged or destroyed, the holder may apply to the relevant licensing authority, for a copy.  There is a fee for this.

Duty to notify change of name or address.

The holder of a personal licence MUST notify the relevant licensing authority of any change of name or address as soon as reasonably practicable.

Regardless of where you are living in England or Wales, your personal licence has been issued by the licensing authority of the area in which you were resident when you originally applied for your personal licence.  When your personal licence is due for renewal, at the end of its ten year life the renewal application will be submitted to the original issuing licensing authority, hence the requirement to ensure the details of your name and address are current and accurate.

If you are the designated premises supervisor on a premises licence you MUST also ensure the premises licence is updated with any change of name or address.  There is a fee for this.

Change of name or address form:

• Personal Licences: Change of name or address (.pdf 39KB)

The Supply of Alcohol by Clubs - Club Premises Certificates

The Licensing Act 2003 recognises that volunteer and social clubs give rise to different issues for licensing law than commercially run premises selling direct to the public.  These clubs (such as the Royal British Legion, working men's or cricket or rugby clubs) are generally organisations where members join together for a particular social, sporting or political purpose and then combine to purchase alcohol in bulk for its members.

These clubs previously known as 'registered clubs' and carry on activities from premises to which public access is restricted and alcohol is supplied other than for profit.  For these reasons the 2003 Act preserves aspects of earlier alcohol licensing law which applied to 'registered members clubs' and affords such clubs special treatment outside the normal premises licence arrangements.

Clubs which meet specified criteria set out in the 2003 Act are known as qualifying clubs and the authority under which they may supply alcohol and conduct other qualifying club activities' from their premises is a club premises certificate.  The grant of a club premises certificate means that a club is entitled to certain benefits, which include the authority to supply alcohol to its members and bona fide guests without the need for any member or employee to hold a personal licence, and the absence of a requirement to specify a designated premises supervisor.  Please read the explanatory notes for applicants.

These applications are subject to the same consultation process as a Premises Licence.

Regulated Entertainment

The provision of regulated entertainment covers the provision of entertainment or of entertainment facilities.

The descriptions of entertainment in the Licensing Act are:

• the performance of a play
• an exhibition of a film (could include music videos with lyrics for karaoke, film extracts for charity horse racing events)
• an indoor sporting event (includes events attracting spectators like inter pub tournaments, darts, pool leagues and exhibition matches, and so on) but not general pub games between customers for their own entertainment
• boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• or entertainment of a similar description to live music, recorded music or dance (would include disco, karaoke, and so on)

Entertainment facilities were removed as licensable activities by the introduction of the Live Music Act 2012 - details as follows:

The concept of a separate Public Entertainment Licence (PEL), has now disappeared.  Only a single authorisation will be needed to supply alcohol, provide regulated entertainment, such as a performance of live music, or provide late night refreshment or any combination of these activities.

Accordingly, under the Licensing Act 2003, an authorisation will be required in order for alcohol to be supplied at a public house but the applicant will be free to apply simultaneously for the authorisation to cover the provision of regulated entertainment, such as music or dancing whenever desired.  Generally, the authorisation in these circumstances will be a premises licence.

Any form of live music or entertainment or recorded music will require a premises licence authorisation.

Furthermore, to be "regulated entertainment" the entertainment must take place in the presence of an audience and be provided for the purpose of, or for purposes which include, entertaining that audience.

Late Night Refreshment

The provision of late night refreshment under the following criteria will require a Premises Licence.

Restaurants, takeaways and mobile catering units, require such a licence, if they fall into the following criteria:

• the provision of late night refreshment means the supply of hot food or hot drink to the public
• for consumption on or off the premises
  between 11pm and 5am
• or the supply of hot food or hot drink to any persons between those hours
  on or from premises to which the public has access

This directly involves premises involved in the late night takeaway trade and fast food outlets, who have previously not been regulated. The Government feels this is necessary to protect local residents because premises which serve late night refreshment can be used by customers who may have been drinking at other premises earlier in the evening, thereby creating the potential for disorder on and near these premises. The regulation of late night refreshment will tackle these issues and allow interested parties and responsible authorities to make representations about new licences, and seek reviews of existing licences where they are concerned that the licensing objectives will be or have been affected.

If a late night refreshment house / takeaway restaurant, or mobile catering unit, is not licensed to sell alcohol, or has not previously been licensed with the local authority, it will need to apply for a Premises Licence if it fits the new criteria.

Variations to existing Premises Licence / Club Premises Certificate

Premises Licences and Club Premises Certificates, having been granted may require variations to allow the expansion of the business to include additional regulated entertainment / licensable activities, or amend / extend the times when those activities are now required to be held, or alter the structure of the premises.

This variation to an existing licence involves the full consultation process of external notice for 28 day display and newspaper advert in the public notice section of a locally circulating newspaper.

Copies of the application form must be served on the responsible authorities and these and interested parties have the opportunity to make representations against the application for variation under one of the four licensing objectives. 

A plan of the premises must be included, to all of the responsible authorities.

The existing Premises Licence must be returned with the variation.  The variation form must be endorsed and reasons must be giving if the Premises Licence was not returned.

The fee is based on the non-domestic Rateable Value of the premises.

Minor Variations to Premises License and Club Premises Certificate

The DCMS introduced a simplified process to vary Premises Licence/Club Premises Certificate from 29 July 2009.

Premises Licence holders can apply for minor variations, that will not impact adversely on the licensing objectives.  Under this process the applicant is not required to advertise the variation in a newspaper (public notice) or to send copies to the responsible authorities.

The simplified variations process could be used for:

• Minor changes to the structure or layout of a premises
• Small adjustments to licensing hours
• The removal of out of date, irrelevant or unenforceable conditions
• Addition of volunteered conditions
• The addition of certain licensable activities

The minor variations process cannot be used to:

• Add the sale by retail of alcohol
• The supply of alcohol, to an existing premises licence or club premises certificate
• to increase the hours for the sale or supply of alcohol for consumption, on or off the premises

These types of application must be as a full variation, with full consultation, copies to all responsible authorities, site notice displayed and newspaper public notice.
However, an application to reduce licensing hours for sale or supply alcohol, or to move (without increasing) the licensed hours between 07.00 and 23.00 hours, will normally be processed as a minor variation.

The applicant for a minor variation must display a white notice (to distinguish it from the blue notice for new applications or variations) in a prominent position, on the premises, where it can be seen and read when the premises is closed.  The notice must be displayed for ten working days, starting on the day after the application was given to the licensing authority.

Interested parties have ten working days from the 'initial day' to submit written representations, based on one of the licensing objectives.

The fee is £89.00.

Change of Designated Premises Supervisor (DPS)

In due course, the DPS of a premises may change.  This needs to be notified to the licensing authority and involves a fee.

This must be accompanied by a consent form completed by the proposed DPS.

A copy of this application and DPS consent form, must sent to the Chief Officer of Police.

The Chief Officer of Police can object to the nominated DPS.

Transfer of a Premises Licence

The Premises Licence is issued to a licence holder. When this licence holder changes, in the case of the change of ownership of a business, the licence holder needs to complete the consent form to the transfer.

The proposed new licence holder needs to complete the application to transfer premises licence form and submit it to the licensing authority with the following:

• The appropriate fee
• The signed consent of premises licence holder to transfer form of the existing premises licence holder
• The Premises Licence
• A copy to the Chief Officer of Police

There is no requirement to advertise the transfer or display an external notice.

Notification of an interest in premises under Section 178 (Right of freeholder to be notified of licensing matters)

A person with an interest in any premises can notify the licensing authority of their interest.

This involves a fee.  The notice has effect for a period of 12 months beginning with the day it is received by the licensing authority.

For the purposes of this section (Section 178 Licensing Act 2003) a person has a property interest in premises if:

• They have a legal interest in the premises as a freeholder or leaseholder
• They have a legal mortgagee (within the meaning of the Law of Property Act 1925 c.20) in respect of the premises
• They are in occupation of the premises
• They have a prescribed interest in the premises

You will also need to complete the Notification of an interest in premises under Section 178 form.

Live Music Act 2012 (amends Licensing Act 2003)

The Live Music Act 2012

The Live Music Act 2012 became law and was implemented on 01 October 2012, it makes some changes to the Licensing Act 2003 as follows:

Live music in licensed venues:

Live music will cease to be regulated entertainment in venues licensed for the sale of alcohol for consumption on the premises in the following situations:

• When it is unamplified and takes place between 8am and 11pm
• When it is amplified and takes place in the presence of an audience of 200 persons or less and is provided between 8am and 11pm

The premises must be open for the sale of alcohol during the time that the live music is provided for the exemption/s to take effect.

Additionally, any condition attached to the premises licence relating to live music ceases to have effect in respect of live music unless the Licensing Authority states otherwise on the licence pursuant to a Review hearing.

Live music in venues which are not licensed:

For those premises which are not licensed for alcohol sales, the Bill states that live music is not regulated entertainment when it is unamplified and takes place between 8am and 11pm.

Amplified live music in non -licensed venues will still require formal authorisation from the Licensing Authority such as a Premises Licence or Temporary Event Notice.

Provision of facilities for making music and dancing

In addition the Act removes the provision of facilities for making music and dancing as forms of regulated entertainment.