Licensing Act 2003 FAQ

Will I need to advertise a minor variation?

A minor variation application must be submitted to the Licensing Unit and a White notice displayed on the premises for the public to view for 10 working days (not including bank holidays) from the day the of the application being submitted to the Licensing Unit.

How do I apply for a personal licence?

Once you have completed a personal licence course and been awarded an accredited licensing qualification you will need to contact the licensing unit for an application pack this contains:
Application for Personal licence
Disclosure of convictions and declaration form
Application form to obtain a basic Disclosure & Barring Service (DBS)
Guidance notes
The DIsclosure & Barring Service check needs to be completed and sent to Scotland with the fee. Once you have the report returned you will need to make an appointment with the Licensing Unit on 01268 882416 or email  licensing@castlepoint.gov.uk to submit your application forms.
The forms will be submitted with 2 passport sized photos one to be endorsed as a true likeness of the applicant by a Solicitor or notary, a person of standing in the community or any individual with a professional qualification, the original licensing qualification certificate and application fee.

Can anyone object to my application for a personal licence?

Only the Police can object if the application undermines the Crime Prevention Objective.
Under the Licensing Act 2003, .

What happen if representation is received for my application for a personal licence?

If the Police make representations to your application for a personal licence, then your application will then go before a Licensing Sub Committee (hearing) to determine the application.

How can I hold a temporary event?

You will need to apply to the Licensing Unit for a Temporary event notice giving TEN clear working days (not including bank holidays). And be over 18 years of age.

The number of times a person may apply for a TEN is 50 times a calendar year for a personal licence holder and 5 times per calendar year for other non personal licence holders.Included in these numbers a personal licence holder may give 10 late TEN'S and non personal licence holders 2 late TEN'S
The number of days in a calendar year single premises can be used for licensable activities is 21 days (The number of applications that can be made by premises is 12 per year).
The length of times a TEN may last is 168 hours.
The scale of the event in terms of the maximum number of people attending at any one time is less than 500.
Any requirement outside these restrictions would require a premises licence or club premises certificate.
There must be a period of 48hours in between each application requirement.

If the Police or Environmental Health objects to a TEN application a counter notice will be issued and a hearing held.

Late TEN Notices

A late TEN is one which is given to the Authority , Police and Environmental Health no later than 5 working days but no earlier the 9 working days before the event.

If the Police or Environmental Health objects to a late TEN there will be no right of appeal.

Under the Licensing Act 2003 will I be required to send my application for a premises licence or Variation of a Premises licence to other agencies for consultation?

A copy of the application and accompanying document must be sent to the Police and all relevant responsible authorities. A list of these addresses can be obtained from the website, the Licensing Unit on 01268 882416 or email  licensing@castlepoint.gov.uk .

Under the licensing Act 2003, am I required to advertise my application for a new or a variation of premises licence or club premises certificate?

Yes the premises application will need to be advertised in the local paper on at least one occasion during the period of ten working days starting with the day after the application is made to the Licensing Authority.
There is also a requirement to display a blue notice on the premises in view of the passing members of public. This notice must remain on display for 28 days from the day of the application being submitted to the Licensing Authority.

What happens if the relevant responsible authorities or interested parties make representations to my application for a premises licence or club premises certificate?

If the relevant responsible authorities or/and interested parties make representations to your application it will go before the Licensing Sub – Committee (hearing) who will determine the application.

Under the Licensing Act 2003, who can make representations to a new or variation premises licence or club premises certificate application?

All the relevant responsible authorities, residence living or business within the vicinity, a body representing persons living or businesses in that vicinity, elected Councillors of the licensing authority for the area in which a premises is situated can also make representations to an application.

Under the Licensing Act 2003, what additional documentation is required to be submitted with my application?

The information required for a new application is a plan showing the extent of the boundary of the building, location of access egress from the premises, escape routes, the area licensable activities are to take place, the area where consumption of alcohol will take place, fixed structures stage or raised areas., step/elevators/lifts, public conveniences, safety equipment and location of kitchen. The plan must be drawn to the scale of 1:100

What is the Licensing Sub - Committee (hearing)?

The Licensing Sub Committee (hearing) is made up of three elected Councillors from the full licensing committee. They will determine the contested application under the Licensing Act 2003.

Can my licence be reviewed?

Yes at any stage, following the grant of a premises licence, a responsible authority, or an interested party, may ask the Licensing Unit to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives. A licensing Sub Committee will determine the application for review.