The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls) Order 2009 amends the Licensing Act 2003 Act to follow certain community premises which have, or are applying for, a premises licence that authorises alcohol sales to also apply to include the alternative licence condition in sections 25A(2) and 42D(3) of the 2003 Act in the licence instead of the usual mandatory conditions under the 2003 Act which would require the appointment of a Designated Premises Supervisor to authorise any sale of alcohol.
Such an Application may only be made if the licence holder is, or is to be, a committee or board of individuals with responsibility for the management of the premises (the “management committee”). If such an application is successful, the effect of the alternative licence condition will be that the licence holder (i.e. the management committee) is responsible for the supervision and authorisation of all alcohol sales made pursuant to the licence. All such sales will have to be made or authorised by the licence holder. See our Further Guidance on community halls.
There will be no requirement for a Designated Premises Supervisor or for alcohol sales to be authorised by a personal licence holder.
Where can it be used?
The Order defines community premises as premises that are or form part of a church hall, chapel hall or other similar building or a village hall, parish hall or community hall or other similar building.
When can it be used?
To remove the need for a Designated Premises Supervisor when:
- Applying to remove an existing condition
- Making a new application
- Applying to vary a premises licence.
- Application – copy to Licensing Authority & copy to police
- Fee of £23 if existing premises
- Only police may object – Hearing if required
Where the management committee of a community premises is applying for authorisation for the sale of alcohol for the first time, it should include the form with the new premises licence application or the premises licence variation application. No extra payment is required beyond the existing fee for a new application or a variation.
Where a community premises already has a premises licence to sell alcohol, but wishes to include the alternative licence condition in place of the usual mandatory conditions under the Licensing Act 2003 Act, it should submit the form on its own together with the required fee. The work required to process such an application is expected to be similar to that required for the process of an application for a variation of a Designated Premises Supervisor.
For further information on community premises and the sale of alcohol please contact the Licensing Department using the details below:
Erewash Borough Council
The Civic Centre
Tel: 0115 9071113
Fax: 0115 9071121
South Division Headquarters
Prime Park Way
Tel: 0300 1225860
Fax 0300 1227737