Licensing Act 2003 toolkit
Introduction
The
objective of the Toolkit is to provide the public with an interest in the implementation of the Licensing
Act 2003 with a dedicated resource of information and guidance.We have produced information on the Licensing Act 2003 in alternative languages.
The resource may be of interest to anyone but especially owners of commercial premises covered by the licensing requirements of the Act.
The Licensing Act 2003 marks the end of six independent licensing regimes and amalgamates them into one single system promoting four statutory objectives:
- Prevention of crime and disorder
- Promotion of public safety
- Prevention of public nuisance
- Protection of children from harm
Apart from consolidating liquor, entertainment and late night refreshment law, significantly the Act also transfers responsibility for the regulation of the sale and supply of alcohol from the magistrates to councils.
North Devon Council's Licensing Act 2003 policy (pdf 203kb)
has been updated with effect February 2008.Consultation
on proposed amendments to the council’s statement of licensing policy
In
accordance with Section 5 of the Licensing Act 2003, during each three year period the licensing authority
must keep its statement of licensing policy under review, and make such revisions to it as it considers
appropriate.This policy is now due for review and as such North Devon Council is currently consulting on a number of amendments proposed in an attempt to update and improve the policy. Amendments made are in line with guidance issued by the Local Authorities Co-ordinators of Regulatory Services (LACORS) in their document ‘Best Practice Framework for the Review of Licensing Policy Statements’, published April 2010.
The Licensing Policy seeks to provide guidance to applicants, objectors and interested parties on the general approach that the council will take in terms of determining all licences under the Licensing Act 2003. The overriding aim of the policy is to promote the four licensing objectives:
- The prevention of crime and disorder.
- Public safety.
- The prevention of public nuisance.
- The protection of children from harm
If you have comments to make on the proposed amendments to the policy, we would be grateful if you could please send these in writing utilising the consultation response form below. Comments should be made prior to the 19 October 2010.
North Devon Council's current Licensing Act 2003 Policy (pdf 203 kB)
has been updated with effect February 2008- North
Devon Council’s proposed amendments to its Licensing Act 2003 Policy (showing tracked
changes) (pdf 402 kB)
- North
Devon Council’s proposed amendments to its Licensing Act 2003 Policy (showing table of
changes) (pdf 50 kB)
- Consultation
response form (Word format) (Word 50 kB )
- Consultation
response form (pdf format) (pdf 15 kB)
New
mandatory conditions from April 2010
The
Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 (pdf 145 kB)
sets out five new conditions that will apply to all licensed premises and those
with a club premises certificate.From the 6 April, these conditions:
- ban irresponsible promotions
- ban the dispensing of alcohol directly into the mouth, and
- ensure that customers have access to free tap water so that they can space out their drinks and not get intoxicated too quickly.
From the 1 October 2010, these conditions will also:
- require an age verification policy to be in place to prevent underage sales, and
- ensure that customers have the opportunity to choose small measures of beers, ciders, spirits and wine
The Home Office Guidance Selling Alcohol Responsibly - The New Mandatory Licensing Conditions (pdf 584 kB)
provides further information and frequently asked questions with
regard the above. In addition The Home Office has also provided Good Practice Examples
(pdf 484 kB) from the Alcohol Retail and Hospitality Industries
which may also be of value.Licensing consultation
panel meeting
The next licensing consultation panel
meeting is at 10.00 am on 30 September 2010. The venue is:The Council Chamber
Civic Centre
Barnstaple
Devon EX31 1EA
Agendas and minutes (from last meetings) - Licensing Consultation Panel
As mentioned in our Summer 2010 newsletter (pdf 99kB)
we will be happy to welcome licensees to these meetings. Please let us know if
you would like to attend, so we can cater effectively for you.What
the Toolkit covers
The Toolkit will be regularly updated
and includes the following:- Club premises certificates - application forms and guidance
- Premises licences - application forms and guidance
- Personal alcohol licences - application forms and guidance
- Temporary event notices - application forms and guidance
- Application fees
- Useful web links
- NDC licensing website
for access
to interactive registers and more - Current Licensing Act 2003 notices
- Local licensing newsletters
- Frequently asked questions (pdf 28 kB)
Further information
Important
- planning consent
It is important that licence holders
wishing to vary their licences ensure that they have the necessary planning consent before making an
application. Planning can be contacted on 01271 388288.Sunday
trading hours
Business Link has further information
on Sunday trading.
PRS
for Music
You may need a music licence with the Performing
Right Society Ltd (PRS for Music)If your customers, visitors or employees are listening to copyright music on your premises, you should ensure that you hold the necessary permission under the Copyright, Designs and Patents Act 1988.
PRS for Music was set up by songwriters, composers and music publishers to manage their rights on their behalf. A PRS Music Licence grants you the legal permission to play millions of songs. To find out more about licensing requirements and copyright law please visit Business Link
.For more information or to buy a Music Licence from PRS for Music please contact:
Copyright House
22-23 Berners Street
London
W1T 3AB
PRS for Music
Telephone: 0800 068 4828
Contact information
To contact the Customer Service Centre:
Telephone: 01271 388870
For Typetalk: precede with 18001
Text: 07624 804042
Fax: 01271 388451
Email: customerservices@northdevon.gov.uk
Web form: send us a web enquiry
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Our office hours are 9.00 am to 5.00 pm Monday to Friday.
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