Under the Licensing Act
2003 a single system of premises licences was introduced combining the six licensing
commandments including the sale and supply of alcohol, the terms of legalized
entertainment, the terms of late night refreshment. This act removed the
non-essential red tape from the regulations that were followed before the act.
Why
Premises License??
Businesses are now required
to apply for a premises licence to be able to permit all the licensable
activities they wish to perform in their premise. Premises licences are neither
subjected to time period except for when it is requested, nor it requires renewal
after every three years which was required according to the earlier rules and
regulations nor they have a extent of one year which was there earlier in case
for public entertainment licences.
The fee charges for a Premises Licence Application are same
which used to be for application before the introduction of the Licensing Act
and limitations on the number licensable activities on the premises has also
been relieved. Inquiries on an application only happens where the demonstration
from concerned group or responsible authorities is desired and hence eliminating
pointless administrative and legal expenses.
The
Application Procedure…
In order to practice any
of the 4 licensable activities in a place, one must apply for premises licence
to any of the licensing authority. To carry out retail sale of alcohol, a
dedicated premises supervisor or DPS should be present in the premise that
holds a personal licence.
The licensing directive
has four major licensing objectives which are as follows:
- To prevent crime and disorder
- To ensure Public safety
- To prevent public annoyance
- To protect the children from harm
One has to perform a risk estimation
to classify if one’s proposed use of the premises may challenge one or more of
the licensing objectives. One must consider the actions required minimizing the
recognized risks, and thus suitable conditions should be accepted. For instance,
if the premises will be offering adult entertainment services, the owner may
need to fulfill a condition that no children will be allowed on the premises where
the adult entertainment is going to take place. And also if the premise is
going to provide entertainment, the owner will have to reflect on how to minimize
possible noise trouble. The projected measure should be documented in the appropriate
section of the application form.
The Premises Licence Application form should also mention the type of premises that
is intended, for example a hotel, a cafe, a community center, a pub, a night
club, a supermarket, a convenience store, and should specify all activities that
are to be performed at the premises as well. The form should indicate the non
domestic rate able value of the activities, as this will be used to evaluate
the fee payable for the application and also as the annual fee. It should also
specify the opening hours, and any seasonal variations in the timings of the
premises, each and every detail need to be set out.
Once a premise has
obtained a premises licence it can be varied at any time by the similar
process.
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