Alcohol Licensing Issue?
Alcohol Licensing – The basics
Alcohol Licensing – According to current government guidelines, businesses, organisations and individuals who want to sell or supply alcohol in England and Wales must have a licence or other authorisation from a licensing authority – usually a local council. The laws and policies regulating the area of alcohol licensing are overseen by the Home Office.
The types of businesses and organisations that require alcohol licences might include pubs and bars, cinemas, theatres, late-opening cafes, village and community halls, nightclubs, takeaways and supermarkets.
The Licensing Act 2003 creates a single incorporated system for licensing premises throughout England and Wales."
Alcohol Licensing Types
Any business or other organisation that sells or supplies alcohol on a permanent basis needs to apply for a premises licence in order to operate legally. We can advise on applications for premises licenses and help you if you face a premises licence review.
A personal licence must be secured by anyone who plans to sell or supply alcohol or authorise the sale or supply of alcohol. Either the establishment owner or a member of staff must be a personal licence holder in order to sell alcohol from licensed premises.
Finally, qualifying members’ clubs (such as the working men’s clubs, Royal British Legion and cricket clubs) need to apply for a club premises certificate if they plan to sell or supply alcohol. This type of certificate is required if you wish to sell or supply alcohol to members or guests or provide regulated entertainment, like musical performances or film screenings to members or guests.
Determining a licence application
According to the Government’s website advice on determining a license application, the advice is as follows “where an application is properly made and no responsible authority or other person makes representations, the licensing authority must grant the application, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the act. This should be undertaken as a simple administrative process by the licensing authority’s officials.” The advice continues, “If representations are made by a responsible authority or other person, it is for the licensing authority to decide whether those representations are relevant to the licensing objectives and not frivolous or vexatious. If the licensing authority decides that any representations are relevant, then it must hold a hearing to consider them.”
Where hearings are convened to decide on the appropriate action, the licensing authority may:
- grant the application subject to modifying conditions that are consistent with the operating schedule in a way it considers appropriate for the promotion of the licensing objectives
- reject one or more requested licensable activities
- reject the application
- refuse to specify a person as a designated premises supervisor
You may disagree with the council’s decision and be unhappy with the outcome of this type of hearing, in which case, you have a right of appeal to the magistrate’s court. Our Licensing Defence Barristers are conversant in all areas of law pertaining submitting of successful license applications or challenging licensing authorities over decisions to reject alcohol licensing applications.
Do you have an alcohol licensing issue?
Our Licensing Defence Barristers are here to help!
Get in touch with us for professional advice and assistance
So why choose Licensing Defence Barristers? Simply put, we are leaders in the field of licensing law and our results speak for themselves!
Our professional, results-focussed team of licensing barristers cover the full spectrum of licensing law including Personal licenses, Premises licences, construction of operating schedules, application for designated premises supervisors (DPS), dealing with representations from all relevant parties, advising on conditions, variation of premises licence, reviews of premises licence and transfer of premises licence, closure orders, club premises certificates, temporary event notices and all aspect of investigation and interview relating to potential prosecutions.
Our licensing barristers regularly advise and represent clients from pre-application stage, right through sub-committee and and if necessary, on appeal to any court.
Contact us if you need to discuss any issues relating to your registration.