The Licensing Act 2003 brought about a fundamental change in licensing law, it unified several licensing regimes that regulated the sale and supply of alcohol, provision of regulated entertainment, and provision of late night refreshment
The Licensing Act 2003came into force on 24th November 2005, moving the responsibility for licensing premises from Magistrates’ Courts to Local Authorities (Licensing Authority). It replaced all Justices Licences and all licences that covered public entertainment, theatre, cinema and late night refreshment with a single premises licence.
The Licensing Act 2003 requires the Licensing Authority to carry out its duties with a view to promoting four licensing objectives of the Act. These duties would include processing applications to enforcement.
The four licensing objectives are
- prevention of crime and disorder
- protection of public safety
- prevention of public nuisance
- protection of children from harm
Under the Licensing Act 2003 there are 3 licences
- Premises Licence
- Club Premises Certificate
- Personal Licence
A Premises Licence (Club Premises Certificate for registered clubs) is required for any premise that is to hold one or more licensable activity covered by the Licensing Act 2003.
Licensable activities covered by the Licensing Act 2003 are as follows:
- performance of a play
- exhibition of film
- indoor sporting event
- boxing or wrestling
- live music
- recorded music
- performance of dance
- anything of a similar description to that falling with in (e), (f) or (g)
- late night refreshment – The provision of hot food or drink between 11pm and 5am
- sale or supply of alcohol
All premises licences authorising the sale or supply of alcohol, must have an identified personal licence holder known as the designated premises supervisor (DPS). This does not include registered clubs with a Club Premises Certificate. The DPS will be responsible for the day-to-day running of the premises and all supplies of alcohol under a premises licence must be made by or under the authority of a personal licence holder. There may be more than one personal licence holder at one premises but there can only be one designated premises supervisor.
The Licensing Act 2003 can be viewed by visiting the Office of Public Sector Information website. However prospective applicants may wish to consider the Home Office Revised Guidance issued under Section 182 of the Licensing Act 2003 obtainable via www.gov.uk/government/publications.
To apply for a Premises Licence applicants must complete an application. This can be done online or by requesting a copy of the same via firstname.lastname@example.org. Prospective applicants in the Borough may wish to consider the Authority's Licensing Policy, prior to submitting their application. The Authority's Licensing policy advocates that applicants obtain pre-application advice.
The application needs to be accompanied by the appropriate fee. The fee is dependant on the rateable value of your premises.
Applicants must then: -
- send complete copies of the application including a plan of the premises to all Responsible Authorities (see link below).
- advertise the application in the local press for the area of the premises as follows: -
Rhondda Leader ; Treorchy, Pentre, Tonypandy, Porth, Ferndale
Pontypridd Observer ; Pontypridd, Pontyclun, Taffs Well
Cynon Valley Leader Aberdare, Mountain Ash
- Display a blue notice at the proposed premises outlining the application. (Copy of the notice will be in the application pack)
There will be a 28-day consultation period for all representations to the application to be made. Any of the responsible authorities and any interested parties such as local residents may make representations to the application.
Once a premises licence is granted it will not be required to be renewed, however an important safeguard of the Licensing Act 2003 is that, at any time, a premises licence can be called for review by any responsible authority or interested party, at any time if they make a valid request.
Any representations about the grant of a licence or grounds for a review of a licence should relate to the licensing objectives.
For more information about making an application, varying your existing permitted times or activities or conditions of licence, please contact us on email@example.com or 01443 425001.
Alternatively, if you are a member of the public or business experiencing difficulties or have concerns about the activities at licensed premises in the Borough, then please contact Licensing Officers on the details provided above.
Licensing Act 2003 - fees and charges
Fees under the Licensing Act are centrally and not locally set.
Payments for applications or annual fees can be made by cheque made payable to "Rhondda Cynon Taf County Borough Council", or in person by cash or credit/debit card.