licensing authorities

The Licensing Act 2003 transfered alcohol licensing from licensing justices to licensing authorities, usually your local authority, which are democratically accountable.

Responsibility for the licensing of regulated entertainment and late night refreshment will also fall to the licensing authorities. The licensing authorities (with the exception of the Inner and Middle Temples) must establish dedicated licensing committees in order to carry out their functions. This brings six existing licensing regimes under the responsibility of a single authority.

The activities of the licensing authorities are governed by the promotion of the four licensing objectives. Licensing authorities are obliged to publish a "statement of licensing policy" every three years, which sets out how they intend to exercise their functions. In carrying out their functions, licensing authorities must also have regard to the statutory revised Guidance to licensing authorities issued by the Secretary of State. These measures ensure clarity and consistency across all authorities in England and Wales. The central setting of fees also helps ensure a level playing field.

The procedures, established by and under the Act, ensure thorough, professional and expert scrutiny of every licence application. Expert bodies, such as the police, fire authorities, and others, must be notified of every application for a new premises licence, club premises certificate or variation of existing licences or certificates. These bodies, along with such people that the licensing authority considers to be representative of: local residents and businesses in the area, holders of premises licences, personal licenses and club premises certificates, must all be consulted when the licensing authority frames its policy.

In relation to decisions about licence and club premises certificate applications, the licensing authority's discretion only comes into play in cases where representations are made by "interested parties" such as local residents and "responsible authorities" such as the police.

Rights to appeal licensing authority decisions in the magistrates' court, are provided by the Act. The various rights are set out in Schedule 5 to the Act.

The Act makes it easier for licensing authorities to act in the interests of local residents against poorly performing premises. Local residents can make relevant representations or seek a review in respect of an authorisation for a particular premises. The introduction of a flexible range of measures following a review of premises enables authorities to take firm and appropriate action, unlike the previous system where there were only two choices available – either to do nothing or to revoke the licence. The licensing authority have powers not only to suspend or revoke licences, but to exclude certain licensable activities and to change conditions attached to a licence, where this is necessary on the grounds of any of the four licensing objectives.

Q&A

Who are the licensing authorities and what is the extent of their jurisdiction?
What are the general duties of licensing authorities?
What is the difference between a licensing authority and a local authority?
What is the statement of licensing policy?
How should statements deal with requirements from other legislation such as health and safety and fire?
Can policy statements set out standard conditions?
Can a policy statement rule out granting more licences in areas where there is already a high concentration of pubs and bars?
How will records be kept of licences issued by the licensing authority?
How can I inspect the register of licences?
Can I get a copy of the register/extracts of the register?
Will there be a central licensing database?
How many members will there be on a licensing committee? Can licensing authorities form sub-committees?
Do members of the licensing committee have to declare any interests they may have with the premises that are applying for licences?
Is the licensing authorities power too limited?
Won't licensing authorities attach reams of unreasonable conditions to premises licences?

Who are the licensing authorities and what is the extent of their jurisdiction?

The main licensing authorities, as defined in the Act, are:

The council of a district in England
The council of a county in England in which there are no district councils
The council of a county or county borough in Wales
The council of a London borough

The Act also specifies that the Sub-Treasurer of the Inner Temple and Under-Treasurer of the Middle Temples, the Common Council of the City of London and the Council of the Isles of Scilly will be licensing authorities for their respective jurisdictions. However, the overwhelming majority of licensing authorities will be local authorities.

Licensing authorities can issue premises licences, club premises certificates, temporary event notices in their area, as well as personal licences for residents and renewals of personal licences for those who had previously applied for a personal licence while resident in the licensing authority's area.

What are the general duties of licensing authorities?

It is a duty of all licensing authorities to carry out their functions under the Act with a view to promoting the four licensing objectives, which are:

The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm

The four licensing objectives ensure that the carrying on of licensable activities are done in the public interest.

In discharging their functions under the Act, the licensing authority must also have regard to its licensing policy which sets out how it intends to exercise its functions. The licensing policy statement is drafted every three years by each licensing authority following consultation.

The Secretary of State issued Statutory revised Guidance to licensing authorities under section 182 of the Act on 28 June 2007. Each licensing authority must have regard to this Guidance.

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What is the difference between a licensing authority and a local authority?

A licensing authority carries out licensing functions under the Licensing Act 2003. It does not carry out functions such as environmental health or planning. The carrying out of those functions is by a different authority, under different legislation and it is important to make a distinction between the two authorities and their functions, although they may be made up of the same people in a local council. For example it would be inappropriate for the licensing authority to promote local authority policies in relation to environmental health or planning in it's licensing policy statement, as this would not be a licensing function of the licensing authority and it is the licensing authority not the local authority that formulates and publishes the statement of licensing policy.

What is the statement of licensing policy?

Every three years a licensing authority must determine its licensing policy and publish a statement of that policy (known as a licensing statement) prior to the beginning of the period. Before determining their policy, local authorities must consult the following:

The chief officer of police for the licensing authority's area
The fire authority for that area
Representatives of holders of premises licences issued by that authority
Representatives of holders of club premises certificates issued by that authority
Representatives of holders of personal licences issued by that authority
Representatives of businesses and residents in its area

The policy must be kept under review during the three year period with any revisions (following consultation with the parties listed above) published, either as a statement of the revisions, or as a revised licensing statement.

How should statements of licensing policy deal with requirements from other legislation such as health and safety and fire?

Licensing policy statements should include a firm commitment to avoid duplication with other regulatory regimes, so far as possible. For example, health and safety at work and fire regulations will already place a range of general duties on employers and venue operators. Conditions should only be attached that are necessary for the promotion of the licensing objectives. Requirements that are already provided for in other legislation cannot be said to be necessary in the context of licensing law.

Can policy statements set out standard conditions?

A statement of licensing policy must not undermine the right of any individual to apply under the terms of the 2003 Act for a variety of authorisations and to have any such application considered on its individual merits. If no relevant representations are made by either responsible authorities (e.g. the police or the fire authority) or interested parties (e.g. local residents) the licensing authority must grant the application, subject only to conditions that are consistent with the operating schedule or club operating schedule.

Statements of licensing policy should make clear that a key concept of the 2003 Act is to avoid the imposition of disproportionate and overly burdensome conditions where there is no need for such conditions. Standardised conditions should therefore be avoided and indeed, may be unlawful where they cannot be shown to be necessary for the promotion of the licensing objectives in any individual case. However, it is acceptable for licensing authorities to draw attention in their statements of policy, to pools of conditions from which necessary and proportionate conditions may be drawn in particular circumstances.

Can a policy statement rule out granting more licences in areas where there is already a high concentration of pubs and bars?

The Licensing authority can adopt a special policy for a particular area, which it should include in it's statement if, after following the steps set out in the 2003 Act, and having regard to the Guidance to Licensing Authorities, it is satisfied that it is appropriate and necessary to do so because 'cumulative impact' would affect the licensing objectives. This would create a rebuttable presumption that applications for new premises licences or material variations would normally be refused, if relevant representations to that effect are received, unless it can be shown that the operation of the premises involved would not add to the cumulative impact already being experienced. Applications must still be considered on their individual merits, but applicants would need to address the special policy issues in their operating schedules to demonstrate how they would not add to the cumulative impact already being experienced. A special policy relating to the cumulative effect cannot justify, and should not include, provision for a terminal hour in a particular area. The effect would be to impose a fixed closing time akin to that under the Licensing Act 1964, which the 2003 Act abolished.

How will records be kept of licences issued by the licensing authority?

All licensing authorities must keep a register containing a record of personal licences, premises licences and club premises certificate issued by them, temporary events notices received by them, matters listed in Schedule 3 to the Act, and the further information listed in The Licensing Act 2003 (Licensing authority's register) (other information) Regulations 2005.

Information to be contained in licensing authority register (pdf 53k)

How can I inspect the register of licences?

You can inspect the register of licences during office hours at the office of the licensing authority without charge.Can I get a copy of the register/extracts of the register?

Extracts from the register must be supplied to anyone wishing to receive them on demand. A fee maybe payable for such requests, which will be determined by the relevant licensing authority.

Will there be a central licensing database?

The Act provides for the creation of one or more central registers of information held by each of the licensing authorities to enable the exchange of the registered information. The Department is working with licensing authorities and other key stakeholders to examine ways in which such a system might be best developed. In the meantime, the Act has been established in a manner that allows a simple system, based on effective communication between licensing authorities, to fulfil a similar function.

How many members will there be on a licensing committee? Can licensing authorities form sub-committees?

Each licensing authority (with the exception of the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple) must have a licensing committee of between 10-15 members. They can form one or more licensing sub-committees of at least three members.

The licensing committee may delegate its functions to a sub-committee or, for some functions, to an officer of the licensing authority.

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Do members of the licensing committee have to declare any interests they may have with the premises that are applying for licences?

There are existing measures and mechanisms in place in other legislation in respect of the way in which local authorities discharge their functions which ensure that where it is improper for an individual to be involved in a licensing decision, then self-disqualification would take place.

Is the licensing authorities power too limited?

The Act provides for applications to be considered by licensing authorities where representations are received from interested parties (local residents and businesses) or responsible authorities (such as the police, fire, health and safety and environmental health officers). Local authorities have the power, for example, to refuse to grant the licence, exclude from the scope of the licences licensable activities such as the sale of alcohol, or modify the conditions of the licence, by, for example, restricting opening hours. These steps can be taken if it is considered necessary to promote the licensing objectives of the Act.

Where no representations are made it is only right that a licence application should be dealt with as quickly and as simply as possible as an administrative procedure.

Won't licensing authorities attach reams of unreasonable conditions to premises licences?

Under the new system, an applicant for a premises licence will include an operating schedule setting out certain details about the activities to be carried out. If no relevant representations are made by either responsible authorities (e.g. the police, the fire authority) or interested parties (such as local residents) then the licensing authority must grant the licence application subject only to conditions which are consistent with the operating schedule and to mandatory conditions. In cases where relevant representations are made, the Act makes it clear that licensing authorities may only attach conditions to a licence that are mandatory and consistent with the operating schedule, modified to the extent the authority considers necessary for the promotion of one or more of the licensing objectives.

Further Information
Part 2 of the Licensing Act 2003.