Alcohol Licensing - What Do You Need to Know?

Does my business need an alcohol licence?

If you want to sell or supply alcohol in England and Wales, you must have a licence or authorisation from a licensing authority. These days, this is obtained from your local council. You will need a licence if you run a pub, bar or nightclub or if you plan to sell alcohol at your late-opening café, takeaway, theatre or cinema. You will also need a licence if you plan to sell alcohol at a village or community hall.

What type of licence do I need?

If you wish to sell alcohol on a permanent basis in your business you will need to apply for a premises licence. Individuals seeking to supply alcohol or authorise the supply of alcohol must apply for a personal licence. Qualifying members’ clubs such as the Royal British Legion and rugby clubs must apply for a club premises certificate if they wish to sell alcohol.

How do I apply for an alcohol licence?

You must complete an application form and send it to your local council, along with the appropriate fee. The form will guide you as to whom you must send copies of your application, this depends upon the application you wish to make. The police and other “responsible authorities” (e.g. Fire and Rescue, environmental health authority, local health board, planning authority etc.) need copies in relevant circumstances. Some councils

accept electronic applications and your local council’s website should provide you with the necessary information.

What else can I apply to the Council for?

You can apply for a temporary event notice (if you are holding a specific event which includes the sale of alcohol), authority for designated supervisors (for the person responsible for the day to day running of the business) or an application for a variation or a review (a responsible authority or other person may ask the licensing authority to review a licence at any stage following the grant of a premises licence).

How is my application determined?

If your application is complete and no responsible authority or other person objects to it, the licensing authority must grant your application, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the Licensing Act 2003. This is a simple administrative or paper exercise for the local authority’s officials. If representations are made, the licensing authority will decide whether those representations are justified objections (not frivolous ore vexatious). If it decides that they are relevant, it must hold a hearing to consider them.

What happens at the hearing?

The hearing will be held at the local authority’s premises and will take the format of a more informal version of a court hearing. You can attend yourself to make your representations or you can appoint a Solicitor or someone else to speak on your behalf. Having heard your submissions and those of the person(s) who object to your application, the licensing authority may:

• Grant your application subject to conditions which the licensing authority considers appropriate for promoting the licensing objectives.

• Reject one or more requested licensable activities

• Reject the application

• Refuse to specify a person as a designated premises supervisor.

If you disagree with the decision, there is a right of appeal to your local magistrates’ court.

Your application is important as its determination will have an impact upon your business. We can help you with:

1. General advice on licensing issues

2. The application process

3. Representation at any hearing.

Gwenno Price–Jones is a Director of Allington Hughes Limited and is based at our Llanrwst office. Gwenno specialises in litigation, family and licensing matters and can advise you in relation to your

licensing queries. Call Gwenno on 01492 641222 or e-mail gwenno@jrl-law.co.uk if you need assistance.

Licensing advice is now available at Allington Hughes Limited.

Director Gwenno Price-Jones can assist with Alcohol Licensing matters.