Licensing Act 2003
Licensing Act 2003
Frequently Asked Questions
- What is the Licensing Act 2003
- Why do I need a licence?
- How do I apply?
- What if I already hold a licence and want to change my licensed hours?
- What if I haven't got a premises licence because I don't normally undertake any licensable activities but I want to sell alcohol and/or play live music on a few different occasions throughout the year?
- What if I want to change my Designated Premises Supervisor (DPS)?
- What if I live near to a pub and am not happy with the way the place is being run?
- I have a personal licence and have changed my address. What should I do?
- Who sets the fees for the Licences?
- I am the designated premises supervisor of a premises and am going away on holiday for two weeks. Do I need to let the licensing authority know?
- Where can I view the Licensing Act 2003?
- How can I find out if a premises is licensed?
What is the Licensing Act 2003
The Act was brought in to consolidate all other previous licensing regimes such as public entertainment licences, late night refreshment and Justices' alcohol licences and Private Members Clubs and has now superseded the legislation governing them. Under the Act, Licensing Authorities, of which Tameside is one, must carry out their functions with a view to promoting the four licensing objectives, along with our licensing policy.
The four licensing objectives are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Why do I need a licence?
Since the introduction of the Licensing Act in November 2005, anyone who wants to carry out a licensable activity needs a licence to do so. Licensable activities are defined as:
- The sale by retail of alcohol
- The supply of alcohol by or on behalf of a club or to the order of a member of the club
- The provision of regulated entertainment
- Plays
- Films
- Indoor Sporting events
- Boxing or wrestling entertainment
- Live Music
- Recorded music
- Performances of dance
- Entertainment of a similar description to Live Music, recorded music and performances of dance
- Provision of facilities for Making music
- Provision of facilities for Dancing
- Entertainment of a similar description to making music and dancing - The provision of late night refreshment
This is the supply of hot food or drink to members of the public, on or from the premises, whether for consumption on or off the premises, between the hours of 11.00pm and 5.00am.
Most pubs, clubs, restaurants, bars, hotels, cinemas, theatres and private members clubs will need a licence.
There are three main types of licence:
Personal Licence
This licence is held by an individual, which authorises them to sell alcohol. It is a 10 year licence and costs £37. It is portable and issued by the Borough in which the applicant lives at the time of application.
Premises Licence
This licence relates to the premises and enables licensable activities to take place in that particular premises. Where alcohol is a licensable activity of a premises, there must be a Designated Premises Supervisor (DPS). The DPS must hold a current Personal Licence. The cost of the premises licence is based on the rateable value of the premises.
Club Premises Certificate
This relates to premises that are clubs by nature, usually social clubs or private members clubs, where membership is a requirement of being in the premises. There is no requirement for a designated premises supervisor in this type of premises.
How do I apply?
Please click on each link below for full details of each application process:
What if I already hold a licence and want to change my licensed hours?
If you have a premises licence, you can, at any time, apply to change any aspect of that licence i.e. you may wish to extend or decrease the hours you are currently licensed for or you may wish to add on extra licensable acitivities you were not previously licensed for. In this case, you need to apply for a variation. The same applies if you make significant structural alterations or alter the layout of the premises significantly. The variation process is the same as for a new licence.
Premises Licence Variation Guidance Notes.
What if I haven't got a premises licence because I don't normally undertake any licensable activities but I want to sell alcohol and/or play live music on a few different occasions throughout the year?
You will need what is called a Temporary Event Notice (TEN). This allows you to use your premises, for one or more licensable activities, for a period not exceeding 96 hours. A minimum of 24 hours is required between each event (96 hours max) and no more than 15 days can be applied for in any one year. Therefore, if you have previously applied for 3 TEN's, each 96 hours duration (4 days) then you have used 12 days and can only apply for 3 more days during that year starting when you applied for your first TEN.
Temporary Event Notice (TEN) Guidance Notes.
What if I want to change my Designated Premises Supervisor (DPS)?
You need to complete a DPS variation form and pay the fee of £23
Designated Premises Supervisor (DPS) variation application process.
What if I live near to a pub and am not happy with the way the place is being run?
As a licensing authority, we can at any time, review a premises licence. In order to do this, we must receive an application from an interested party i.e. member of the public in the vicinity of the premises or a responsible authority. Providing the ground for review is relevant to one or more of the licensing objectives and is not repetitious, frivolous or vexatious, then we will arrange a review hearing by our Licensing Panel. All parties involved are invited to the review hearing. To apply for the review you will need guidance notes 
and the application form for a review . You will need to also send copies of the form to those included on the responsible authority list.
I have a personal licence and have changed my address. What should I do?
You need to write to the Licensing Office giving details of your new address and enclosing your current licence (both paper copy and photocard) and pay the fee of £10.50.
Who sets the fees for the Licences?
All of the fees under the Licensing Act are statutory and are set by the Government. As a licensing authority we are bound to charge the set fees.
I am the designated premises supervisor of a premises and am going away on holiday for two weeks. Do I need to let the licensing authority know?
As the designated premises supervisor, you are responsible for the premises, in particular, the sale of alcohol within it, whether you are on site or not. It is good practice, if you are not on site, to have another personal licence holder who is on site to authorise the sale of alcohol.
Where can I view the Licensing Act 2003?
The Licensing Act can be viewed at http://www.opsi.gov.uk/acts/acts2003/20030017.htm