Licensing Guide: Jargon buster

Related tags Premises License

Not sure what constitutes a licensable activity? Want to know what an operating schedule is and what it should include? For all this and more, you...

Not sure what constitutes a licensable activity? Want to know what an operating schedule is and what it should include? For all this and more, you need our jargon buster.

Closure order

An order by the police to close either a particular pub or all of the premises in an area for a period up to 24 hours where there is, or is likely to be, disorder on or near the premises, or where a public nuisance is being caused by noise.

Designated premises supervisor

All premises selling alcohol under a premises licence must have a designated premises supervisor (DPS) who must also be a personal licence holder.

The DPS will be named on the premises licence and will usually be the person with day-to-day responsibility for running the business.

They will be the first point of contact for the police and the licensing authority.

First appointed day

The first appointed day is the first day on which applications for conversion of existing licences to premises and personal licences can be submitted to the licensing authorities. This will be on February 7, 2005.

Second appointed day

The second appointed day is nine months after the first appointed day and is the day on which the new premises and personal licences come into force and the old licensing regime comes to an end. It will be on November 7, 2005.

Licensable activities

There are four licensable activities regulated by the new Licensing Act. These are:

  • the retail sale of alcohol
  • the supply of alcohol by clubs
  • the provision of regulated entertainment, which includes music and dancing
  • the provision of late-night refreshment, that is the sale of hot food and/or hot drink between 11pm and 5am.

Licensing authority

The new local authority body responsible for issuing premises and personal licences.

Licensing objectives

In carrying out its duties the licensing authority must, by law, promote the four following licensing objectives:

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

Licensing qualification

Unless they are seeking to convert an existing justices licence applicants for personal licences will be required to hold a new licensing qualification which has been granted by an accredited organisation.

The government has published details of the course syllabus but a list of accredited course providers has not yet been produced.

Mandatory conditions

Where a premises licence authorises the sale of alcohol, two conditions must be imposed on the licence.

1. No alcohol may be sold when:

  • there is no designated premises supervisor
  • the DPS does not hold a personal licence
  • their personal licence is suspended.

2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a premises licence.

Operating schedule

An operating schedule is a document that will contain details as to how the business will operate. It must contain the following information:

  • the licensable activities to be carried out and the times at which they will take place
  • the hours that the premises are to be open to the public
  • details of the designated premises supervisor
  • whether alcohol will be consumed on and/or off the premises
  • the proposed steps to promote the licensing objectives, for example, the arrangements for door security to prevent crime and disorder.

Personal licence

A personal licence is granted by the licensing authority and enables the holder to authorise the sale of alcohol on licensed premises.

A person may only hold one personal licence at a time and the personal licence will last for 10 years unless it is suspended, surrendered or revoked. A designated premises supervisor must hold a personal licence.

Premises licence

A premises licence is granted by a licensing authority and authorises the holder to use the premises for one or more licensable activities.

Relevant offences

A person convicted of a relevant offence could be prevented from obtaining or renewing a personal licence.

The offences listed in the act include:

  • those involving serious crime
  • those involving serious dishonesty
  • those involving controlled drugs
  • certain sexual offences
  • licensing offences.

Temporary event notice

Temporary event notices enable premises to be used for one or more licensable activities beyond those stated in the operating schedule.

You will need a TEN if, for instance, you want to extend your opening hours to host a special event.

The event must not last for more than 96 hours and no more than 499 people can attend at any one time.

Transition period

This is the period between the first appointed day and the second appointed day during which licensing authorities will process applications for personal and premises licences.

Conversion applications for premises licences must be submitted within the first six months of the transition period - that is, between February 7, 2005 and August 7, 2005.

Related topics Licensing law

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