Contact Us

Address:
Guildhall
 
Telephone:
01743 281376
 
email:
licensing@shrewsbury.gov.uk

The New Licensing Laws

In 2001, the Government announced plans to reform the country's licensing laws. These changes came fully into place on 07 February 2005, and affect anyone who is concerned with:
  • pubs and nightclubs
  • indoor sporting events
  • off-licences
  • restaurants that serve alcohol
  • businesses offering hot food between 11 pm and 5 am
  • hotels, guest houses and other places that sell alcohol
  • private member's clubs and social clubs
  • theatres and amateur dramatic groups
  • cinemas
  • organisers of occasional entertainments (see below for more details)
The LICENSING ACT 2003 has changed the existing laws about the type of licences needed to provide any of the above facilities.   Under the new system:
  • A premises licence is required where any of the above activities are going to take place
  • A personal licence is needed by anyone who wants to allow the sale of alcohol as part of his or her business
  • Licencees, the council and other agencies must all work to promote the Licensing Objectives (see box)
  • The council, and not the court, now deal with all of the licences listed above
 
Premises Licences
A premises licence can be granted either for a fixed time (for example, for a one-off occasional boxing match, disco or band) or indefinitely.
 
When applying for a premises licence, applicants will have to submit:
  • a plan of their building
  • an Operating Schedule (a brief description of how the premises will be operated safely)
An initial fee based on the non-domestic rateable value of the premises, is payable at the time of application, followed by an annual renewal fee.  The government and not the council set the licence fees.
 
The four Licensing Objectives are:
  • prevention of crime and disorder
  • prevention of public nuisance
  • public safety
  • prevention of harm to children
The council will have to grant licences unless it conflicts with one of the four Licensing Objectives. It may also impose conditions that promote the licensing objectives, for example requiring door supervisors in a nightclub to promote the crime prevention objective, or noise control measures to prevent public nuisance.
 
If representations are made about either granting or changing a licence in any way, the council's Licensing Sub-Committee (made up of councillors) will have to examine the application.
 
Community Centres, Church Halls etc
Church buildings, community centres and village halls are exempt from having to pay any fees.
 
Objecting to licences
Local residents, ward councillors, MPs, MEPs, residents' and business associations may make representations to the council about the grant of or a change in a licence. A Licensing Committee made up of councillors - as long as the representations are not irrelevant or vexatious - will consider these.
 
When a licence is applied for the first time, copies will also have to be sent to the 'responsible authorities' - the police, the local environmental health and planning departments, the fire authority, the County Council's Children Protection and Trading Standards departments along with the Health and Safety Executive must also be notified. Each of these authorities can make representations about the application that can lead to either conditions being imposed or it being refused.
 
If someone wishes to appeal against a council's licensing decision, they will have the right to do so to the magistrates' court. 

Provisional Statements

People who are considering opening licenced premises may apply for a provisional statement. This allows new premises to be prepared in the confidence that a full licence will be granted, providing that it is built according to the original Operating Schedule and plans submitted to the council, and that there have been no material changes in the meanwhile.

Temporary and Occasional Events

Someone who holds a personal licence will be able to hold up to 50 temporary or occasional events a year at premises that are not licenced. Non-personal licence holders will be able to hold up to 5 temporary events a year. A Temporary Event Notice must be given to the council and police ten clear working days before an event of this sort can be held, and the police may object to it on crime and disorder grounds.  A maximum of 12 events can place at any one premise in a calendar year.   

Personal Licences

Personal licences will be needed to authorise the sale of alcohol in any premises - including pubs, nightclubs, off-licences, restaurants and hotels. You can apply for a personal licence to the council for the area in which you live. This will then be the council responsible for continuing to licence you, even if you move away from the area. 
 
Personal licences will be valid for 10 years. There will be various duties on holders of personal licences, and the court can forfeit their licence if they are convicted of various offences.
 
To get a personal licence you must:
  • be over 18
  • not have any relevant criminal convictions
    as spelled out in the Act
  • possess an approved licensing qualification
  • pay the required fee of £37

Review Hearings

Sometimes, licenced premises can lead to problems. On the rare occasion this happens, the council will try and resolve the issues informally. However, any of the 'responsible authorities', a local resident, or a residents or business association, can apply for the council to review a licence.
 
Providing a complaint is not frivolous, vexatious or repetitive, a council hearing will be held. The council may decide not to do anything, or to impose extra conditions on the licence. It can also suspend either all or part of the licence for up to three months.

Licensing Policy

The council has adopted it's second statement of policy which is available to download from this website, please refer to the relevant licensing page. 
 
For more information contact the council's Licensing Officer on (01743) 281376 or e-mail licensing@shrewsbury.gov.uk.
You may also visit the government's Culture Department website at http://www.culture.gov.uk/ or the Institute of Licensing (formerly known as the Local Government Licensing Forum) at www.instituteoflicensing.org