Licensing Act 2003

The Licensing Act 2003 introduced a new licensing system administered by the local authority in its capacity as the Licensing Authority for its area, and amalgamated six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night cafe). The Act came into force on the 24th November 2005.

Licensing Authorities must promote four licensing objectives:

1. the prevention of crime and disorder;
2. public safety;
3. the prevention of public nuisance; and
4. the protection of children from harm.

In carrying out its licensing functions, a licensing authority must also have regard to:

1. its Statement of Licensing Policy, and
2. any guidance issued by the Secretary of State under section 182 of the Act.

Applications for Personal Licences must be made to the Licensing Authority in which the applicant lives and the licence will be valid for 10 years. Only the Police can object to an application for a Personal Licence.

For more information and answers to FAQ's please go to the DCMS personal licence webpage

The following provides details of the relevant offences in Schedule 4 of the Licensing Act 2003; the document is in Adobe pdf format.

Qualifying Clubs

Most non-profit making clubs can apply for a Club Premises Certificate. The supply of alcohol in such clubs does not need to be made by someone with a Personal Licence and a Premises Licence is not required. Qualifying clubs may include Royal British Legion, working men's clubs, sports clubs, etc.

Temporary Events Notices

If an activity will last not more than 96 hours and is for not more than 499 people, a full licence for a licensable activity is not required.

An application for a Temporary Event Notice (TEN) must be received by the Council and the Police at least 10 clear working days before the function; the 10 days does not include the day on which the application is received or the day of the event. Applicants are advised not to submit their application on the deadline in case there are problems, e.g. postal delays or defects with the application. It is recommended that applicants submit their application for a TEN 28 days beforehand. If the Police do not object to the application, the function can then go ahead.

1. No premises may be used for temporary events on more than a total of 15 days in any calendar year, and
2. No premises (even public houses) may have more than 12 temporary events in any calendar Year and
3. Anyone who does not hold a Personal Licence to sell liquor can only submit 5 notices in any calendar year (Personal Licence holders are subject to a limit of 50 temporary events per calendar year but these would have to be spread over at least five different premises as each premises can only have 12 TEN's a year).

There must be at least 24 hours before the next temporary event at the same premises if it is organised by the same person or his/her associate. So the same person(s) cannot run two consecutive temporary events without a break.

Further information is available here. Please see the section below regarding application forms.

Exemption for Tombola and Raffles

If the following conditions are met, then any raffle, Tombola or similar activity offering alcohol as a prize is exempt from the need to have a premises licence or a TEN. It is for the lottery organiser to ensure that all such conditions are met and in fact exist.

• The lottery must not be run for private gain
• The lottery is incidental to a "non-commercial event" (No money raised by the event organisers can be for private gain)
• Any alcohol must be in a sealed container
• No ticket may be sold other than during the event and where the event is taking place
• The lottery result must be declared during the event and at the place where the event takes place
• There cannot be any rollovers
• The maximum amount that may be deducted towards the cost of prizes is £500
• The maximum amount that may be deducted towards organisational costs is £100

If in doubt, then it is recommended that the TEN procedure be adopted

APPLICATION FORMS

All the official application forms, including Temporary Event Notices, are available in Adobe pdf and MS Word format on the DCMS forms webpage. The MS Word forms can be completed electronically, though the application will require a signature.

As the application procedures are quite complicated, you may find it helpful to consult our Guidance for Applicants.

Click here for an application form to request removal as a Designated Premises Supervisor for a premises.

Responsible Authorities

Depending on the type of application being made, copies need to be sent to Surrey Police and the Responsible Authorities.

Fees

Please click the following link for details of the current fees set by the Government.

Advisory Leaflets

The following are advisory leaflets providing more information on licensing. The documents in pdf (Acrobat format) may take several minutes to load.

Children & Alcohol
Clubs
Late Night Refreshment
Licensable Activities
Temporary Event Notices
Village and Community Halls
Making Representations and Requesting Reviews for Licensing

The DCMS has published Guidance for Interested Parties on making representations, appealing licensing decisions in the courts and applying for a review.

Related Information

If copyrighted music is played in public, the premises needs a licence issued by the Performing Rights Society. This is entirely separate from any Premises Licence issued by the Council and also applies to premises playing background music. Premises playing live and/or recorded music should, therefore, ensure that they have the relevant permission. More information is available on the Performing Rights Society website