Businesses, Organisations and Individuals in England and Wales wishing to sell alcohol and/or in cases where regulated entertainment takes place, require a licence from their local authority authorising the licensable activities at the premises under the Licensing Act 2003.
Regulated Entertainment can include indoor sporting events such as boxing or wrestling; music live or recorded; dancing; late night refreshment (hot food and drinks served after 2300 hours). This list is not exhaustive of entertainment requiring a licence under the Act.
The licence required to authorise such activities is known as a Premises Licence and can be obtained by making an application to the Local Authority in whose area the premise is located. Premises requiring such a licence include
- pubs and night clubs
- convenience stores and corner shops
- cinemas
- theatres
- nightclubs
- late-night cafes
- takeaways
- supermarkets
- Garage Forecourts where alcohol is sold etc
In addition to a Premises Licence, each premises requires a Designated Premises Supervisor (DPS) – previously known as the licensee. The DPS must hold a Personal Licence which can be obtained on application from the Local authority in whose area they reside.
The object of someone holding a Personal Licence is to authorise the sales of alcohol at the premises; a person would undergo training on avoidance of sales of age restricted products to under 18s and avoidance of proxy sales (adult buying for child) etc. Penalties can be severe for selling age restricted products to underage and can lead to fine and prosecution. The Authorities can even make application to review your premises licence which can result in suspension or revocation.
In order to obtain a Personal Licence, the person applying must have achieved the National Certificate for Personal Licence Holders (or similar accredited qualification) and undergone a successful criminal record check.
If a member’s club wish to carry out similar licensable activities at the premises, then the committee will need to apply for a Club Premises Certificate (CPC). This is similar to a Premises Licence but for members only and does not permit entry to the public.
There is no sale of alcohol permitted under a CPC; this is a supply of alcohol to members and their guests only.
The above category of clubs would include ex-servicemen’s clubs; working men’s clubs and the like; sports clubs such as rugby/football Clubs, although many sports clubs now hold a premises licence in addition to, or instead of a Club Premises Certificate to enable them to make a profit.
There is also the option of a Temporary Event Notice if a premises needs to extend their hours or if a one-off event is required and no premises licence is held.
Author: Andrea Forrest
DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, please speak to MG Legal Solutions directly.