Licensing Act 2003 - Alcohol & Entertainment
All premises involved in the sale of alcohol or the provision of late night refreshments and regulated entertainment need a premises licence.
The Licensing Act 2003 brings together the sale of alcohol, the provision of regulated entertainment and late night refreshment into one licence. The Act intends to encourage tourism, reduce alcohol misuse, improve the self-sufficiency of local communities and reduce the burden of unnecessary regulations on businesses.
Applying for a licence
If you would like to apply online for a licence associated with the Licensing Act 2003, please click on the links through to GOV.UK:
Application for a Premises Licence
Application for Need for a Designated Premises Supervisor to be disapplied
Application to Specify an Individual as a Designated Premises Supervisor
Application to Transfer a Premises Licence
Application to Vary a Premises Licence
Consent to be Designated
Consent to Transfer
Interim Authority Notice
Make annual payment for a Premises Licence
Minor Variation to a Premises or Club Licence
Notification of Change of Name or Address
Notification of Interest in a Premises under Section 178
Request to be removed as Designated Premises Supervisor
Temporary Event Notice
Tacit consent applies to these licences so if you have not heard from MVDC within 56 working days for a premises or club licence, or 10 working days for a Temporary Event Notice, you can assume your licence has been granted.
When you are making your application you must send the correct fee with the application or it will be returned to you as incomplete. Payment of fees can be made by cheque payable to Mole Valley District Council.
The licensing policy below sets out how MVDC will carry out its functions under the Act and what is expected from applicants to promote the four key licensing objectives set out by the Government:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Recent premises licence applications will be available to view on the recent applications page when they are received by MVDC.
Further information on the Licensing Act 2003 can also be obtained by accessing the links shown under 'Internet links'.
Temporary event notice
If you wish to hold an ad-hoc event in England or Wales, the licensing authority must receive your temporary event notice (TEN) no later than ten clear working days prior to the event (this does not include the day of receipt or the day of the event). If the premises, where the event is to be held, is in areas governed by two or more local authorities, applications must be made to each.
Unless you submit an electronic application, the police and local authority exercising environmental health functions for the area in which the premises are located must also be served a copy of your notice and receive it no later than ten working days before the event.
You must be 18 years or older to give a TEN and can only give a maximum of five TENs per year if you do not hold a personal licence under the Licensing Act 2003. If you do hold a personal licence, you can give a maximum of 50 TENs per year, however you are limited to a maximum number of TENs per premises.
Your event must involve no more than 499 people at any one time and last no more than 168 hours with a minimum of 24 hours between your event and the start or finish of another Temporary Event Notice. Premises are limited to a maximum total duration of the periods covered by temporary event notices of 21 days per calendar year or 12 TENs per calendar year.
Submission of Late Temporary Event Notices
Late notices can be given no later than 5 clear working days but no earlier than 9 clear working days before the event in relation to which the notice is given. A late notice given later than 5 working days before the event to which it relates will be returned as void and the activities described in it will not be authorised.
The number of late notices that can be given is limited to 10 for a personal licence holder and 2 for non personal licence holders. You must tick the box on page 3 of the application form to show you are making a late application. Please note if there is an objection to the late TEN from either the police or Environmental Health Department the event will not go ahead and a counter notice will be issued and the event will not be authorised to proceed.
Live Music Act
The Live Music Act disapplies live music related conditions if the following criteria are satisfied:
- There is a premises licence or club premises certificate in place permitting 'on sales';
- The premises are open for the sale or supply of alcohol for consumption on the premises;
- Live music is taking place between 8am and 11pm;
- If the live music is amplified, the audience consists of no more than 200 people.
Live music also ceases to be classed as regulated entertainment if the above criteria are satisfied.
Live music includes vocal and instrumental music and also karaoke singing. Any recorded music accompanying this live music (backing tracks or sampled music for bands, or music from a karaoke machine) is, in most cases, likely to be considered part of the live music and not therefore requiring separate authorisation. Pre-recorded videos played on karaoke machines are likely to require authorisation for 'Films', but if only the words to the song are displayed then no authorisation is required.
The Act also creates a general exemption that live unamplified music provided anywhere shall not be regarded as the provision of regulated entertainment if it takes place between 8am and 11pm, regardless of the number of people in the audience.
There are a number of mechanisms for the protection of residents and these are:
- Upon a review of the premises licence, the licensing authority can determine that conditions on the premises licence relating to live music will apply even between 8am and 11pm;
- If the licence doesn't presently authorise live music, the licensing authority can add conditions to the premises licence as though the live music were regulated entertainment authorised by that licence, again to apply between 8am and 11pm.
- The licensing authority can determine that live music at the premises is a licensable activity and live music can no longer be provided without permission on the premises licence or a Temporary Event Notice.
- Other noise legislation, for example in the Environmental Protection Act 1990, will continue to apply. The Live Music Act does not allow licensed premises to cause a noise nuisance.
- The Act removes the need to licence entertainment facilities completely - regardless of time or audience size. This means that dance floors, microphone stands, pianos made available for use by the public etc will not be licensable. Health and safety law will of course continue to apply.
Below are some documents that are not found on the GOV.UK web site. They refer to the Mole Valley District Council Licensing Policy, Guidance for Club Premises Certificate applications, an application form if you require to call a Review of a Premise or Club, Guidance notes if you are applying for a Personal Licence, Guidance notes if you are applying for a Premises Licence or a Variation to a Premises Licence, Guidance if you wish to object to an application for a Premises Licence or Club Premises Certificate, and an up-to-date list of the Designated Premises Supervisors in Licensed Premises located within the district.
If you would like further information about the Licensing Act 2003, please contact the Licensing section at firstname.lastname@example.org.
Mole Valley District Council is under a duty to protect the public funds it administers and to this end, may use the information you have provided in order to access this service for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes. For more information visit the Council's 'Fraud Information' page.