Licensing Act 2003

What the Act does

St Albans City and District Council licenses the premises in the district which:
• sell alcohol for consumption on and/or off the premises
• supply alcohol to members of a club
• provide regulated entertainment: plays, films, indoor sporting events, boxing and/or wrestling entertainment, live or recorded music, performances of dance, facilities for making music and/or dancing
• provide late night refreshment

Additional information on the Licensing Act can be obtained from the governments website by following this link DCMS website

Licensing Act 2003 - Statement of Licensing Policy

The Licensing Act 2003 requires that each local authority produce and publish a policy with regard to how it will carry out its functions under the Act. Please click on the link below to view our policy. St Albans City and District Council acts as the licensing authority for the District in respect of the Licensing Act 2003.

The current Statement of Licensing Policy was adopted by Council on 29 November 2007 with effect from 7 January 2008.

This policy has now been reviewed and has been published on 7 January 2011.  The Licensing Act 2003 and Statutory Guidance have been revised to include new provisions such as minor variations, community premises exemption from requiring a DPS and new mandatory conditions.

One of the many legal responsibilities that a local authority has is a responsibility to consider applications for premises licences, club premises certificates and temporary event notices made by persons wanting to provide licensable activities within the local authority area.  It also has to consider applications for personal licences from persons residing within the local authority area irrespective of where they intend to work.

In connection with this responsibility, St Albans City and District Council proposes that this policy will encompass all elements of Licensing Act 2003 and therefore assist applicants, the local authority and all other parties.

• Revised Licensing Policy 2011 (PDF - 197 kb)

Child protection statement

One of the licensing objectives under the Act is "the protection of children from harm".  The document below indicates what might be considered with regard to this objective when applying for a licence:

• Licensing Act 2003 - Child protection statement (PDF - 65 kb)

Notification of applications

The original application and fee must be sent to the Licensing Authority (see contact details below). Copies of application for the grant/variation of a Premises Licence or Club Premises Certificate should be sent to the following Responsible Authorities:

Applications for the grant/variation of a premises licence/club premises certificate must be advertised in a local publication which is distributed in the vicinity of the premises and on the boundary of the premises. The below document gives you suggested wording for this advert.

• Notice of an application under the Licensing Act 2003 (PDF - 14 kb)

Making a representation regarding an application

Residents in the vicinity of the premises and local business can make a representation regarding an application. These representations must be submitted in writing during the 28 day consultation period which is indicated on the public notices displayed at the premises and published in a local newspaper. The representation must be based on one of the 4 licensing objectives to be considered:
• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

It is an offence knowingly or recklessly to make a false statement in connection with an application. The maximum fine for which a person is liable on summary conviction for the offence if £5,000.

The representation can be submitted to the Licensing Authority (contact details below).  If you wish, you may use the document below to make a representation.

• Representation form from interested parties (PDF - 25 kb)

Reporting problems from licensed premises

If you are experiencing a problem from a licensed premises then please contact the Licensing Authority (see contact details below). We regularly have officers working at the weekend so it is always worth ringing our Licensing Hotline: 0777 0701 720. If you cannot talk to an officer you can leave a message on the voicemail and this will be dealt with as soon as possible.

Noise complaints from licensed premises can also be dealt with by an Environmental Health Officer (EHO). Call the 24 hour call centre on: 01727 811155. The call centre will contact the on duty EHO who will determine what action may be taken. An EHO is on duty: Friday 20.00-01.00, Saturday 20.00-02.00 and Sunday 20.00-midnight. During office hours telephone: 01727 866100.

Guidance fact sheet - village halls

Guidance specifically tailored to the needs of village halls can be seen on the following fact sheet:

• Licensing Act 2003 - Village halls factsheet (PDF - 44 kb)

Disclaimer

In offering this advice St Albans City and District Council wishes to make it clear that:
• Legislation may change over time and the advice given is based on the information available at the time the guidance was produced. It is not necessarily comprehensive and is subject to revision in the light of further information.
• Only the courts may interpret statutory legislation with any authority.
• This advice is not intended to be a definitive guide to, nor a substitute for, the relevant law. Independent legal advice should be sought where appropriate.

Contact Details
Licensing Authority, St Albans City and District Council, Civic Centre, St Peters Street, St Albans, Herts AL1 3JE. Tel: 01727 819541. Fax: 01727 819433. Email: licensing@stalbans.gov.uk