Broxtowe Borough Council

Statement of Licensing Policy 2014-2019

The Licensing Act 2003 requires that licensing authorities review the statement of licensing policy every five years.  The statement sets out the general approach the Authority will be taking when making licensing decisions during the five year period up to January 2019.

The Police Reform and Social Responsibility Act 2011 and the Live Music Act 2012 made a number of amendments to the Licensing Act 2003 and the Home Office has issued revised guidance under section 182 of the Licensing Act 2003 which Local Authorities need to have regard to. As a result of this, whilst the policies contained within the Statement have not changed, additional information has been included to reflect the new legislation.

This policy for the period 2014 to 2019 was produced after consultation with those consultees specified in the Act together with a wide body of interested parties and individuals. The consultation ran from 3^rd June 2013 to 12^th August 2013. There were no responses requiring any changes to the consultation document and the policy was adopted by full Council on 30^th October 2013 and is effective from 7^th January 2014.

A copy of the 2014-2019 policy can be downloaded from here.

Premises Licence

The Licensing Act 2003 came into force on 24^th November 2005 and deals with the following types of premises:

• Pubs and nightclubs

• Private member's clubs and social clubs

• Indoor sporting events

• Off-licences

• Restaurants that serve alcohol

• Businesses serving hot food or drink to eat in or take away, between the hours of 11pm and 5am

• Hotels, guest houses and other places that sell alcohol

• Theatres and amateur dramatics groups

• Cinemas and

• Anywhere an occasional event involving licensable activities is held

Licensable activities are:

• The sale or supply of alcohol

• the provision of regulated entertainment

• the provision of late night refreshment

A premises licence or a temporary event notice (TEN) is required to provide any of the above facilities

These licences are issued by the Council as the Licensing Authority. If an application receives representations which relate to the licensing objectives, objecting to the grant of a premises licence or club certificate, the Council must hold a hearing to consider the application.

The licensing objectives are:

• Prevention of crime and disorder

• Prevention of public nuisance

• Public safety

• Prevention of harm to children

and all persons involved in the provision of licensable activities must promote these objectives in the course of their business.

The Act provides certain rights of appeal to the magistrates' court for those who feel aggrieved by decisions made by licensing authorities. So a right of appeal is not only afforded to applicants where their application has been rejected, or has been granted subject to conditions, but is also afforded to those who made relevant representations in relation to an application; for example, a local resident has a right to appeal against the decision of the licensing authority to grant a premises licence if they made relevant representations as an interested party in relation to the application where he considers the application should not have been granted.

Personal Licence

A personal licence is required to supervise the sale of alcohol in any premise. Application is made to the council for the area in which you live and the council will remain responsible for the licence even if you move. The licence is valid indefinitely.

To obtain the licence you must:

• Be over 18

• have no relevant criminal convictions

• posses an approved licensing qualification

• pay the required fee