许可法
酒类、娱乐、出租车和赌博许可。
简介
许可法规范销售酒类、提供娱乐活动和其他受监管活动所需的授权。
In Brief
Selling alcohol without a premises licence and a designated premises supervisor holding a personal licence is a criminal offence under the Licensing Act 2003. The four licensing objectives — prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm — must guide all licensing decisions. Applications are advertised for 28 days and representations can be made by any person.
核心原则
Licensing Objectives — All licensing decisions must promote four licensing objectives: prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm.
Premises Licence — Required for premises used for the sale of alcohol, provision of regulated entertainment, or late-night refreshment. Applications are made to the local licensing authority.
Personal Licence — Required by individuals who authorise the sale of alcohol. Obtained from the local authority after completing a licensing qualification. Lasts indefinitely.
Temporary Event Notices — Allow licensable activities at unlicensed premises for up to 168 hours (7 days), up to 499 persons, up to 15 TENs per year per premises.
Representations and Reviews — Responsible authorities and 'other persons' can make representations against licence applications or request reviews of existing licences.
Gambling — The Gambling Act 2005 regulates commercial gambling through a licensing system administered by the Gambling Commission and local authorities.
关键法规
Licensing Act 2003
Gambling Act 2005
重要判例
R (Daniel Thwaites plc) v Wirral Magistrates' Court
[2008] EWHC 838
常见情景
Applying for a premises licence for a new pub
Submit an application to the local licensing authority with an operating schedule, DPS details, and a plan. Advertise the application for 28 days. If no representations are received, the licence is granted as applied for. If representations are made, a hearing is held.
Neighbour complains about noise from a bar
The complainant can make representations to the licensing authority requesting a review of the premises licence. The review hearing may result in conditions being added, modification of hours, or revocation of the licence.
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Frequently Asked Questions
What are the four licensing objectives under the Licensing Act 2003?
All decisions by licensing authorities must promote the four licensing objectives: (1) prevention of crime and disorder, (2) public safety, (3) prevention of public nuisance, and (4) protection of children from harm. Representations by interested parties and responsible authorities must relate to at least one of these objectives.
Do I need a personal licence to sell alcohol?
You need a personal licence if you are designated as the Designated Premises Supervisor (DPS) on a premises licence. The DPS authorises the sale of alcohol at the premises. A personal licence is obtained from your local authority after passing the APLH (Award for Personal Licence Holders) qualification. Not every person who serves alcohol needs a personal licence — only the DPS.
What is a Temporary Event Notice (TEN)?
A TEN allows licensable activities to be carried out at an unlicensed (or licensed) premises for up to 168 hours (7 days) at a time. There can be a maximum of 15 events per premises per year and the premises must not exceed 499 persons. A TEN must be submitted to the licensing authority and police at least 10 working days before the event (3 working days for a late TEN).
Can a premises licence be reviewed or revoked?
Yes — any responsible authority or any other person can apply for a review of a premises licence if they believe there are issues with the licensing objectives. The licensing authority holds a hearing and can impose conditions, modify licensable activities, suspend the licence, or revoke it. Revocation is a last resort and must be proportionate to the problem identified.
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