Legal advice: Preparing for transition

By thePublican.com's team of legal experts at London solicitors Joelson Wilson.​

As we have reported in the last few weeks, the government has published draft regulations under the Licensing Act 2003, dealing with matters that will affect anyone operating licensed premises.

The government has requested views by November 10 on the draft regulations, which can be accessed on the DCMS website. The draft regulations require parliamentary approval, however, it is fairly clear now what form they will take. As a result, you may well want to prepare for the transitional period, which commences on February 7, 2005.

Conversion to a premises licence​​

• Make sure you know the rateable value of your premises
• Decide who is to be the designated premises supervisor and obtain their written consent (in prescribed form)
• Make sure you have the full name and up-to-date home address of the proposed designated premises supervisor
• Obtain the written consent (in prescribed form) of the existing justices licence holders to the application for conversion
• Make sure you have the originals (or duplicates issued by the court/council) of all licences and certificates - original or certified copy licences etc must accompany the application
• Plans prepared in accordance with the prescribed specifications.

Application for a personal licence​

• Obtain at least two 45mm x 35mm full face photographs of the applicant (taken against a light background), one of which needs to be endorsed by a solicitor or other professional such as a teacher, doctor etc (the form of the wording for the endorsement has still to be confirmed)
• If the applicant for a personal licence has not lived at his/her current address for five years, details of previous addresses within the last five years will be required
• Make sure you have the original (or certified copy) of your justices' licence
• The application form must be signed by the applicant personally.