The Licensing Act regulates four activities: the sale of alcohol; the supply of alcohol, (for example, in a members’ club); regulated entertainment, such as live performances and; the provision of hot food or drink to the public after 11pm.
This Act aims to prevent crime and disorder and public nuisance and protect children and the wider public from harm.
The Government remains committed to tackling alcohol-related crime & anti-social behaviour. We are currently bringing forward proposals in the Police Reform and Social Responsibility Bill to rebalance the Licensing Act so that local communities and the police can address problems effectively, particularly late at night. Aside from the reforms set out in the Bill, we welcome your comments on any other aspects of the Licensing Act which could be made less burdensome.
You can find all the regulations that relate to licensing below to the left.
|Violent Crime Reduction Act 2006
Creates a new offence of persistently selling alcohol to children and gave courts additional powers to deal with this where it occurs.
|Licensing Act 2003
The Licensing Act came into force in November 2005 and applies in England and Wales. It regulates four ‘licensable activities':
|The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010
Adds new mandatory conditions to premises licences that authorise the sale and supply of alcohol. These conditions are designed to: prohibit irresponsible promotions; require that a “responsible person” ensures that alcohol is not dispensed directly into the mouth; require that free tap water is provided to customers where it is reasonably available; and require that an age verification policy is in place in respect of the premises.”
|The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007
Under s.53A of the Act, a Chief Officer of police may apply for a summary review of a premises licence if the premises is associated with serious crime or disorder. This regulation sets out the detailed requirements of this process.
|The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005
Temporary Event Notices (TENs) enable licensable activities to be carried out on an occasional basis for short periods. This regulation sets out the form of a TEN and various other details about the current process
|The Licensing Act 2003 (Fees) Regulations 2005
The 2003 Act gives the Secretary of State power to make regulations prescribing the amount of the fees payable to licensing authorities by a person making an application or giving a notice under the 2003 Act.
|The Licensing Act 2003 (Hearings) Regulations 2005
Sets out the details of the procedure to be followed at hearings including details of the timescales within which it must occur. Hearings result from a number of processes in the Act, representations from bodies such as the police, or from a member of the public such as a concerned local resident.
|The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
Sets out a large number of details about the process under the Act. For example, it sets out the form of a premises licence, of the ‘blue notices’ that must be displayed when applications have been made, and of the notice of review that must be issued by the licensing authority if there is to be a review of a premises licence.
|The Licensing Act 2003 (Personal licences) Regulations 2005
If a premises licence authorises the sale of alcohol, there are mandatory conditions that there must a “Designated Premises Supervisor” in respect of that premises, and that this person must hold a personal licence; and that every sale of alcohol under the licence must be made or authorised by someone who holds a personal licence. This regulation stipulates a number of details about applications for personal licences, including the form on which the application must be made.
Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?