UK: Licensing of the Supply of Alcohol and Regulated Entertainment - Advice Under the New Regime (Universities)

The Licensing Act 2003 (the ‘2003 Act’) came fully into force on the 24 November 2005 with the intention of providing greater freedom and flexibility for the hospitality and leisure industry. Although the majority of the publicity surrounding the 2003 Act has centred around its impact on liquor licensing, the 2003 Act establishes a single integrated scheme for licensing premises which are used not only for the supply of alcohol, but also for regulated entertainment (such as plays, films, playing or performing music) or to provide late night refreshment (i.e. hot food and drink between 11pm and 5am). Permission to carry on some or all of these licensable activities will now be contained in a single licence - the Premises Licence.

The 2003 Act creates a two tier licensing system for licensable activities with a requirement that the ‘premises’ and the ‘person’ must both be licensed for alcohol sales. The sale of alcohol from a premises will be under the authority of a person who holds a Personal Licence, and the premises must be covered by a Premises Licence (or a Club Certificate or a Temporary Event Notice). For premises where alcohol is sold, the Premises Licence will include the name of a Designated Premises Supervisor (the person who will have overall responsibility for the licensable activities carried out at the Premises), who will themselves be the holder of a Personal Licence.

The 2003 Act is based upon promotion of four Licensing Objectives; the prevention of crime and disorder; the prevention of public nuisance; public safety and the protection of children from harm. When determining applications for licences, local authorities consider matters that will impact on one or more of these licensing objectives.

At Pinsent Masons we offer a comprehensive licensing service providing highly commercial and client focused advice and assistance on all aspects of licensing law and procedure. In particular, we advise clients on:-

• applications for new Premises Licences, which includes ensuring that the specific statutory requirements (for instance, with regard to advertising the application and notifying responsible authorities) are met within the requisite time periods, along with advising on how the client can promote the licensing objectives.We also advise on the Variation of existing Premises Licences;

• the responsibilities and liabilities of Personal Licence Holders and Designated Premises Supervisors; we provide practical advice on how Designated Premises Supervisors can discharge their statutory duties under the 2003 Act and safeguard against licence revocation and possible criminal liability;

• other applications to Responsible Authorities under the 2003 Act, including Temporary Events Notices and Personal Licence applications;

• corporate transactions (both share and business sales/purchases) including carrying out necessary due diligence and reporting to our client on a given licensing position; we also negotiate appropriate warranties and indemnities to protect our client (and arrange for the transfer of Premises Licences where necessary);

• their existing licensing position by providing a licensing review and audit service.We report to our client on the existence (and extent) of the licences that are in place along with providing practical advice and assistance on how the client can protect their position moving forward.