The Licensing Act 2003 introduces a number of changes to the law, which will take effect from the 24th November 2005.

The new legislation will cover:

• Sales of alcohol at off-licences, pubs, clubs and restaurants and other venues
• Private members' clubs
• The sale of hot food and drink (including from take-aways) between 11 p.m. and 5 a.m.
• 'Regulated entertainment' including amplified and unamplified music, live bands, discos, night-clubs, karaoke, cinema, theatre, dance performances, indoor sporting events (such as snooker or swimming competitions) and boxing/wrestling.

The Council will be responsible for issuing licences for all of these activities, taking over responsibility from the licensing justices at the magistrates' court for all alcohol licensing.

All licensing decisions will have to have regard to:

• Four licensing objectives:

1. the prevention of crime and disorder
2. public safety
3. the prevention of nuisance
4. prevention of harm to children

• Statutory guidance issued by the Secretary of State
• The Council's statement of licensing policy

New forms of licences will be introduced under the legislation:

• A ten-year personal licence to sell alcohol will come into effect. Applicants will be able to apply for licences providing they are over 18; possess a relevant licensing qualification; are free from specific criminal convictions and have not had a licence revoked within the previous five years.
• Premise licences will be required to provide any of the above activities in a specific place. The 'premises' can be a fixed building, a temporary structure such as a tent or an outside space. Premise licences may be either granted on an open-ended basis (subject to an annual licence fee), or may be granted for a shorter period for occasional events. It may be possible to have more than one premise licence for a place. Where alcohol is also to be sold, a named premise supervisor must also be designated.
• Club premises certificates will be granted to qualifying clubs to allow them to conduct the activities listed above.
• Temporary event notices will be available for short-term occasional events or temporary variations to premises licences/club premises certificates providing the activity in question does not last for more than 96 hours, no more than 500 people are present at any one time, and that no more than 15 days' activities are conducted at any one premises per year.

Further guidance on submitting temporary event notices.

Application Forms and Guidance notes are available from the following website link: http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/licensing_appforms.htm alternatively you can telephone the licensing section and request a form to be posted to you 01727 819453.

Premise Licence, Personal Licence, Club Premise Certificate and Temporary Event Notices applications must be sent to: St Albans Licensing Authority, Civic Centre, St Peters Street, St Albans, Herts AL1 3JE Telephone: 01727 819453 or 819454 Fax: 01727 819433 Email: licensing@stalbans.gov.uk

Copies of the Premise Licence and Club Premise Certificate applications must be sent to the following responsible authorities within 48 hours of the application being given to the licensing authority:

Copies of the Personal Licence application must be sent to the Police within 48 hours of the application being given to the licensing authority: Licensing Officer, Hertfordshire Constabulary, County Police Station, Victoria Street, St Albans, Herts AL1 3JL.

Copies of the Temporary Event Notice must be sent to the Police on the same day as the 2 copies of the application is given to the licensing authority: Licensing Officer, Hertfordshire Constabulary, County Police Station, Victoria Street, St Albans, Herts AL1 3JL.

The Licensing Act 2003 imposes a statutory duty upon district council's to produce, develop and review a licensing policy. The Licensing Policy Statement took effect on 7 February 2005. The Licensing Act requires the Council to publish its Statement of Licensing Policy every three years and to keep it under review. The policy was reviewed and approved by full Council and has been published.

The Policy provides information and guidance to licence applicants, objectors and interested parties on the general approach that St Albans City and District Council will take in terms of licensing.

The Policy is available below, alternatively a copy can be requested from St Albans City and District Council, Licensing Section, Civic Centre, St Peters Street, St Albans, Herts AL1 3JE or Email: licensing@stalbans.gov.uk Tel: 01727 819541

Statement of Licensing Policy

It is the expectation of Hertfordshire County Council that the following principles are incorporated into applications for premises licenses and club premises certificates, and the plans and operating schedules involved. These principles may be used in giving
information to applicants for premises licenses or club premises certificates to help them address aspects of meeting the licensing objective of 'The Protection of Children from Harm'.

Where applicants fail to consider these principles then the County Council may make representations to the relevant Licensing Authority with the request that they be incorporated by way of condition on the relevant premises licence or club premises certificate.

Child Protection Statement

Applicants have to display a public notice prominently on the premise and publish a public notice in a local newspaper.

The document below gives some guidance on public notices and advertising and an example of the wording of a public notice.

Notice of an application under the Licensing Act 2003

The public notice on the premises must be:

• On A4 size paper or larger.
• On pale blue paper.
• Legible in black ink in a font size equal to or larger than 16.
• Prominently displayed (if the premises covers an area larger than fifty square meters a further notice must be displayed every fifty meters along the external perimeter of the premises).
• Briefly describe the application.
• Give the name and address of the premises.
• Give the address and email address of the licensing authority: St Albans Licensing Authority, Civic Centre, St Peters Street, St Albans, Herts AL1 3JE www.stalbans.gov.uk
• Give the times the public register can be viewed: The council offices are open Mondays-Thursdays 8.45am-5.00pm and Fridays 8.45am - 4.30pm. A charge of £10.00 will be made for a copy of an entry in the public register (no charge will be made to view the public register).
• Give the date representations must be made by.
• State that representations must be made in writing.
• State that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

• Be published within 10 working days of the application being submitted to the licensing authority
• Briefly describe the application.
• Give the name and address of the premises.
• Give the address and email address of the licensing authority: St Albans Licensing Authority, Civic Centre, St Peters Street, St Albans, Herts AL1 3JE www.stalbans.gov.uk
• Give the times the public register can be viewed: The council offices are open Mondays-Thursdays 8.45am-5.00pm and Fridays 8.45am - 4.30pm. A charge of £10.00 will be made for a copy of an entry in the public register (no charge will be made to view the public register).
• Give the date representations must be made by.
• State that representations must be made in writing.
• State that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

The Licensing Act 2003 enables interested parties to make relevant representations to licensing authorities about applications for new or for variations to existing licences or certificates, or provisional statements. This gives the local community a greater say than ever before in licensing decisions.

'Interested parties' are any of the following:
1. a person living in the vicinity of the premises;
2. a body representing persons who live in that vicinity;
3. a person involved in a business in the vicinity of the premises;
4. a body representing persons involved in these businesses.

The representation must be on based on at least 1 of the 4 licensing objectives:
1. the prevention of crime and disorder;
2. public safety;
3. the prevention of public nuisance;
4. the protection of children from harm.

The following document could be used for making a representation:

Representation Form from Interested Parties

A dedicated licensing hotline has been set up on the following number: 07770 701 720.

A Licensing Officer will be on duty on a Friday, Saturday and Sunday between 22.00 to 02.00. During office hours please ring 01727 819453. Any messages left on the hotline will be received when the officer comes on duty.

See'online licensing' section

Please see the pdf below for the procedure at the hearing.

Licensing Committee Procedure

A copy of the decision notice will be sent to all parties concerned within 10 working days informing them of the decision and their right of appeal. The applicant, the interested parties or responsible authorities can appeal to the magistrates court about the licensing authorities decision within 21 days of receipt of the notification.

An appeal is made by giving written notice to the magistrates court within 21 days of receiving the decision notice. The notice must contain certain information and you are advised to contact the magistrates court for further information. The address of the magistrates court is: The Justices Chief Executive, Central Hertfordshire Magistrates Court, The Court House, Civic Centre, St Albans, Herts AL1 3LB Telephone 01727 816836

An interested party or responsible authority may apply to the licensing authority for a review of a premise licence or club premise certificate. They must complete the relevant prescribed form and give this to the licensing authority. They must also send a copy of this form and any accompanying documents to the holder of the premises licence or club premises certificate in question, and to each of the responsible authorities on the same day.

Applying for a Review

Information on personal licenses is available at: Department for Culture, Media & Sport

You will need to obtain a personal licence holder qualification before you can submit an application. Please contact the following qualification providers or go to our 'NCPLH' page for information on the course run at St Albans City and District Council:

BIIAB Level 2 National Certificate for Personal Licence Holders.
QCA Accreditation Number: 100/4866/2
Website: www.bii.org
Telephone: 01276 684 449
Email: qualifications@bii.org
Address: BIIAB, Wessex House, 80 Park Street, Camberley, Surrey, GU15 3PT

GOAL Level 2 National Certificate for Personal Licence Holders.
QCA Accreditation Number: 100/4865/0
Website: www.ediplc.com
Telephone: 08707 202 909
Email: customersrvice@ediplc.com
Address: Qualifications and Processing Centre, Athena House, 112 Station Road, Sidcup, Kent, DA15 7BJ

GOAL Level 2 National Certificate for Personal Licence Holder
QCA Accreditation Number: 100/5040/1
Website: www.nationaltrainingco.com
Telephone: 0845 170 0001
Email: enquiries@pubshop.co.uk
Address: The Pubshop Ltd, Orchard Leigh, 96 Rodwell Avenue, Weymouth, DT4 8SQ

You will also need to submit criminal conviction certificate or a criminal record certificate or the result of a subject access search of the police national computer by the National Intelligence Service. A basic criminal record can be obtain from Disclosure Scotland: 0870 609 6006 or www.disclosurescotland.co.uk.

The fee for the application is £37.00 (cheques made payable to 'St Albans District Council').

You need to supply 2 passport size photographs certified on the back as a true likeness by a professional person.

Complete and submit an application form and a disclosure of criminal convictions and declaration form (download from: http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/licensing_appforms.htm or request an application pack by contacting:licensing@stalbans.gov.uk or 01727 819541).

For your information please click on the following document to see details on how many applications were processed from February 2005 to April 2006.

Village Halls

This information is provided for the assistance of applicants and other persons. Interpretation of the legislation is ultimately a matter for the courts, and applicants and other persons must seek their own professional and legal advise where appropriate. .

Gaming Machine Permits and Prize Gaming Permits for Pubs and Other Alcohol Licensed Premises

As a result of the Licensing Act 2003, a number of changes are being made to the arrangements for obtaining permits for gaming in pubs and other licensed premises.

The changes concern the following permits:

• Gaming Machines - Section 34 permits issued under the Gaming Act 2005
• Amusements with Prizes - Section 16 permits issued under the Lotteries and Amusement Act 1976.

Existing permits, issued by licensing justices prior to 24th November 2005, will continue to be valid. There is no need to do anything until your permit becomes due for renewal.

The name on some alcohol licences will have changed on 24th November 2005, when they were converted to alcohol premises licences under the Licensing Act 2003. There is no need to obtain a new Section 34 or Section 16 permit as a result of this conversion. Any name change as a result of conversion on 24 November 2005 may be dealt with administratively when the permit comes up for renewal.

If the name on the premise licence changes for any other reason after 24th November 2005, for example, if the business is sold and the premises licence transferred, then a fresh application for a Section 34 or Section 16 permit will be required.

Permits are issued for the duration of three years. The current fee for the grant or renewal of a permit is £32. The application needs to be made for the total number of machines, however this Council has a policy that up to two machines will be granted without the need for a hearing. Application Forms for the grant or renewal of permits are below.

Further information can be found on the Department of Culture Media & Sport website

Gaming Machine Application Form

Gaming Machine Renewal Form