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Latest News for Licensing Act 2003

News regarding the alcohol licensed trade in Erewash and an archive of associated licensing matters.

 

Entiltlement to work in the United Kingdom - amendments to the Licensing Act 2003 - implications for business owners and operators of licensed premises

The Immigration Bill received Royal Assent in May and became the Immigration Act 2016. There are notable sections affecting the licensing Act 2003, and came into force on 6 April 2017. The general purpose of the 2016 Act is to make it more difficult to live and work illegally in the United Kingdom, and introduces changes in respect to illegal working on licensed premises.

Changes to the Licensing Act 2003

1. Premises Licence Applications

  • Individuals resident in the UK will not be able to apply for a premises licence unless the individual is entitled to work in the United KIngdom.
  • The Secretary of State (Home Office) will become a Responsible Authority where the premises is or proposes to sell alcohol by retail or provide late night refreshment. This will allow the Immigration Service to make representations against the grant of a premises licence.
  • Premises licences will lapse if the licence holder ceases to be entitled to work in the UK whilst resident in the UK whilst resident in the UK (or becomes resident without being entitled to work).

2. Premises Licence Transfers

  • Individulas resident in the United Kingdom will not be able to apply for a licence transfer if the licence authorises the sale of alcohol or late night refreshment (neither may they give an interim authority notice) unless the individual is entitled to work in the UK.
  • The Secretary of State (Hiome Office) will need to be served with a copy of the application (where the premises sells alcohol by retail or provide late night refreshment) and will have 14 days to object if satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises.
    In a hearing convened due to the Home Office's objection the licensing Autority must reject the transfer application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

3. Personal Licences

  • Those not entitled to work in the United Kingdom will not be able to apply for a Personal Licence
  • Immigration offences (under schedule 4 paragraph 7A Licensing Act 2003 i.e. an offence under any of the Immigration Acts) will become relevant for Personal Licences.
  • Immigration penalties contrary to s15 of the  Immigration and Nationality Act 2006 or s23 Immigration Act 2014 also become disclosable subject to certain exceptions.
  • The Secretary of State (Home Office) will need to be seved a copy of the application if the application has an unspent immigration offence,foreign offence equivalent or has been required to pay an immigration penalty. The Home Office will have 14 days to object to the application. In a hearing convened due to teh Home office's objection, the licensing authority must reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.
  • There will be a new duty for Personal Licence Holders to inform the licensing authority if required to pay an immigration penalty.
  • A Personal Licence will cease to have effect if the holder ceases to be entitled to work in the UK.

4. Rights of Entry

  • Immigration officers will be able to enter premises (selling alcohol or providing late night refreshment) with a view to seeing whether an offence under of the Immigration Acts is being committed in connection with the carrying on of a licensing activity.

5. Illegal working Closure Notices

  • An immigration officer will be able to issue an 'illegal working closure notice' for up to 48 hours if he or she is satisfied, on reasonable grounds, that an employer operating at the premises is employing a person who does not have the correct work status. A closure notice may only be issued if reasonable efforts have been made to inform any person who has interest in the premises that the notice is to be issued. Additionally, the immigration officer is required to consult any person he belives is appropriate.

 

Entertainment -  Deregulation under the Licensing Act effective from 6 April 2015

Live Music
Live amplified music in on-licensed premises authorised and open for the sale of alcohol does not require a licence for audiences up to 500 (a 300 increase) from 08:00 until 23:00pm. This includes beer gardens and terraces if they are included in the licensed premises. Live-music related conditions do not apply unless they are re-imposed at a Review. If a beer garden is not shown on the licensed plans then it is likely to nevertheless be a workplace which benefits from a similar exemption. Karaoke is considered live music. Live unamplified music does not need a licence anywhere and with no audience limit between 08:00 to 23:00.

Entertainment Facilities
Entertainment facilities (stages, karaoke machines, microphone stands, even electrical sockets) have not been licensable since October 2012. You may still see these 'authorised' on your licence if it has not been amended but they are no longer relevant to licensing.

Recorded Music
Recorded music in on-licensed premises benefits from the same exemption as live music above, with the same audience limit. This covers DJs and discos and is a new development, as hitherto most recorded music above background level has been licensable under the Act. There is no equivalent "workplace" exemption. Background live and recorded music continues to be exempt.

Performance of Plays, Indoor Sporting Events and Performances of Dance
'Plays' could include Noddy at a holiday camp but also a themed "ghost story-reading night" with paid actors at a pub. 'Performances of Dance' includes any non-customer dancing that is intended to entertain an audience. Since June 2013, for audiences up to 500 (and in the case of indoor sporting events, up to 1,000) from 8am until 11:00pm none of these activities require authorisation under the Licensing Act. Lap-dancing and other forms of sexual entertainment on up to 11 occasions a year remain regulated under the 2003 Act (any more will usually require a Sexual Entertainment Venue licence)

Films
The showing of pre-recorded films which are incidental to some other activity (for example, drinking, eating or playing pool) is not licensable. This will very much be dependent on the facts of each case but the real test will be, Is the showing of any pre-recorded film likely to undermine one of the licensing objectives?

Boxing & Wrestling
This activity remains regulated under the Act (and now explicitly includes mixed martial arts) apart from Greco-Roman and freestyle wrestling. 

Schools
Schools will be exempt from applying for live or recorded music between  08:00 and 23:00 provided that:

  • the audience does not exceed 500, and
  • the organiser gets consent for the performance on the premises from the school concerned.

And, any entertainment provided by or on behalf of a school on their own school premises between 8am–11pm.

Hospitals
Hospitals will be exempt from applying for live or recorded music between  08:00 and 23:00 provided that:

  • the audience does not exceed 500, and
  • the organiser gets consent for the performance on the hospital premises from the healthcare provider concerned.

And, any entertainment provided by or on behalf of a school on their own hospital premises between 8am–11pm.

Community premises
Community premises will be exempt from applying for live or recorded music between 8am–11pm in a church hall, village hall, community hall, or other similar community premises that is not licensed to sell alcohol provided that:

  • the audience does not exceed 500, and
  • the organiser gets consent for the performance from a person who is responsible for the premises

Films in community premises
No licence required for not-for-profit film exhibition held in the community premises between 8am–11pm provided that:

  • the audience does not exceed 500, and
  • the organiser gets consent to the screening from a person who is responsible for the premises, and
  • ensures that each screening abides by age classification ratings.

Travelling circuses – new exemption
Any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided:

  • it takes place within a moveable structure that accommodates the audience, and
  • that the travelling circus has not been located on the same site for more than 28 consecutive days.

Summary
From 6 April 2015 the following are still licensable:

  • any entertainment activity after 23:00 hours
  • most forms of entertainment activity in the presence of an audience of more than 500 people (with a few exceptions)
  • any sexual entertainment

None of the exemptions affect the need to apply for copyright licensing or the requirement not to cause a noise nuisance. Regulated Entertainment is a complex area and there are other minor exemptions - we recommend you take legal advice if in any doubt.

 

No renewal of Personal Licence

The Deregulation Bill received Royal assent on 26 March 2015 and was passed on 1 April 2015, becoming the  Deregulation Act 2014. In simple terms this means that you are no longer required to renew your personal licence after the 10 year expiry date as was previously the case. The licence will remain valid with no expiry date

Please note that you are still required to let us know if you change your name or address so we can update your licence, otherwise you are not required to take any further action. If this is the case you will need to complete an additional separate form and pay the prescribed fee of £10.50.

Personal licence holders also have a duty to notify the relevant licensing authority if they have been convicted of a relevant or foreign offence. (This is a requirement under s.123 Licensing Act 2003. Relevant offences are listed in Schedule 4 to the Licensing Act 2003).

 

Pubwatch Meetings in Erewash

The date and venue of the next meetings of the three Erewash pubwatch schemes are listed below. Please contact the licensing team on 0115907113 if you require any further details of these meetings.

Ilkeston Pubwatch

The next meeting is being held at Hogarths, Ilkeston on Tuesday 5 September 2017 at 10am.

Long Eaton Pubwatch

All meetings are held at Brennans on Regent Street on the first Thursday of every month.

The next meeting is being held at Brennans on Regent Street, Long Eaton on Thursday 3 August 2017 at 10.30am.

 

The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 

On 27 June 2013 further changes to the licensing provisions for Regulated Entertainment will come into effect as a result of the above Order. The following activities will be exempt from requiring a licence if the activity is to take place between 08:00 - 23:00 on any day:

  • A performance of a play in the presence of any audience of no more than 500 people.
  • A performance of dance in the presence of any audience of no more than 500 people.
  • An indoor sporting event in the presence of any audience of no more than 1,000 people. 

The order also clarifies that Combined Fighting Sports (Mixed Martial Arts, Cage fighting etc) are a from of Boxing and Wrestling and will continue to be regulated as before (with the exception of Olympic style Greco-Roman and Freestyle wrestling).

 

Live Music Act 2012

The Live Music Bill 2012 received Royal Assent on 8 March 2012, and came into force on 1 October 2012 .The Act has changed  provisions within the Licensing Act 2003 to deregulate live music within premises licensed for the sale of alcohol, and remove facilities for making music. The primary outcomes of this change in legislation is that that live music will cease to be regulated entertainment in venues licensed for the sale of alcohol for consumption on the premises in the following situations:

  • When it is unamplified and takes place between 8.00am and 11.00pm; and
  • When it is amplified and takes place in the presence of an audience of 200 persons or less between 8.00am and 11.00pm.

Any condition attached to the premises licence relating to live music ceases to have effect in respect to live music, unless the licensing authority through a licensing review Hearing states otherwise. Therefore no conditions are in place until a licensing panel is convinced that they are required as part of a review brought to them. If live music is performed in premises which are not licensed for the sale of alcohol, the Act provides that it will not be Regulated Entertainment if it is unamplified and takes place between 8.00am and 11.00pm. Amplified live music in such premises will still require a premises licence or a Temporary Event Notice.

In addition the Act removes the provision of facilities for making music and dancing from the definition of 'regulated entertainment'. This would mean that providing a dance floor would now be exempt, as would providing a piano for guests to play.

 

CCTV in Pubs - Guidance

The information Commissioners Office has created a fact sheet and Frequently Asked Questions regarding the employment of Closed Circuit TV in pubs. The IOC has also published their own Guidance on CCTV in Pubs and viewpoint on the installation of CCTV in licensed premises  as a licence condition. 

 

Dealing with alcohol related problems

The practical guide to preventing and dealing with alcohol related problems is designed as a reference and source of help for residents, community groups, enforcement officers, licensing practitioners and all who have an interest in alcohol licensing. See the Home Office Guidance.

 

Current Licensing applications

For all new premises licence applications and variations under the Licensing Act 2003 in the Borough of Erewash please see our Current Applications.

 

Licensed Premises and Litter

Concerns have been raised regarding the level of discarded litter including smoking-related litter such as cigarette ends, cigars and like products within the Borough and in particular the level of litter in the town centres where there are a higher number of licensed premises. Whilst it is by no means assumed that the licensing trade is entirely responsible for the litter in the town centres but an accumulation of cigarette ends outside a pub or club or food/drink packaging outside takeaway premises could be seen as sufficient evidence to link the litter directly to a particular licensed premise.

We are therefore seeking the licensing trades' co-operation in combating this issue and hope that wherever possible you would assist by providing cigarette and litter bins outside your premises for your customers. The cumulative effects of litter in the vicinity of premises carrying on licensable activities can cause public nuisance and your Premises Licence may already contain enforceable conditions relating to your responsibilities so please check your licence as you may already be legally required to monitor the situation or provide litter bins.

Under Section 87 of the Environmental Protection 1990 it is an offence to throw down, drop or otherwise deposit and then leave litter in a public place.  Authorised officers of the Council have powers to issue fixed penalty notices of £75.00 to anyone observed committing an offence of littering.

 

Guidance on gambling on licensed premises

The Gambling Act 2005 has made many changes to the legislation regarding gambling on licensed premises. This will affect the playing of popular games such as Poker and bingo on alcohol-licensed premises. Under certain circumstances gambling may still be permitted, but only for certain stakes and prizes. Please click on the links provided below to download a guidance documents from the Gambling Commission for gambling on licensed premises.

Erewash Borough Council

Erewash Borough Council, Town Hall, Wharncliffe Road, Ilkeston, Derbyshire, DE7 5RP
0115 907 2244
   
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