Licensing Act 1964

The Licensing Act 1964 has now been replaced by the Licensing Act 2003. This information is retained for historical purposes only.

The licensing of premises selling alcohol or providing entertainment in England and Wales is currently divided between Licensing Committees (sitting at the Magistrates' Courts) who grant liquor licences and Local Authorities who grant Entertainment Licences. Until the new Licensing Act is fully implemented on 24th November 2005, licensed operators must work within the existing legislation.

All existing licences (in particular Public Netertainment Licences) MUST continue to be renewed up until 24th November 2005. If a licence is allowed to lapse then this will mean that the newly granted Premises Licence will be invalid. A renewal fee will be payable (fully in some cases) even if the current licence expires days before the commencement of the new Act.

Alcohol sales

A liquor licence is granted to an individual (or individuals) under the Licensing Act 1964, specifically for a single licensed premises. Licences can permit sales for consumption "on" the premises or "off" the premises. Unless there are conditions preventing this, an "on licence" permits both sales for consumption on and off the premises. Other types of licence exist.

A licensee is responsible for sales of alcohol. When a licensee permanently leaves licensed premises, the licence must be transferred to a new individual. Pending a transfer (which can only take place at a Licensing Sessions) an Interim Authority or Protection Order can be applied for. This application is made in an individual's name and temporarily authorises the sale of alcohol at the premises.

Before a liquor licence is granted to an individual, the licensing committee will normally expect the applicant to have passed the National Licensees Certificate. This course can usually be completed in a day and the applicant must pass an exam to obtain a certificate. Most committees will wish to see the certificate before agreeing to grant a licence to an applicant.

Permitted hours for on-licensed premises are Monday-Saturday 11.00am to 11.00pm and Sunday 12.00 noon until 10.30pm, Good Friday 12.00 noon to 10.30pm and Christmas Day 12.00 noon to 3.00pm and 7.00pm to 10.30pm.

Permitted hours for off-licensed premises are weekdays 8.00am to 11.00pm, Sundays 10.00am to 10.30pm; Good Friday 8.00am to 10.30pm and Christmas Day 12.00 noon to 3.00pm and 7.00pm to 10.30pm.

It has become more common in recent years for on-licensed premises, especially those located in city centres to trade with a Special Hours Certificate which can authorise sales of alcohol until 2.00am (or until 3.00am in parts of London). With the exception of extensions, this is the latest time that alcohol may be sold until at present. In order to obtain a Special Hours Certificate, premises require an entertainment licence, a dancefloor and the provide of substantial food. Alcohol sales must be ancillary to the provision of music and dancing.

Some areas of the country enforce the legislation strictly and rarely grant SHC's. Other areas are more liberal and premises with SHC's are now the norm. When the new Licensing Act becomes law, premises with SHC's will be able to retain their exisiting hours.

Premises with exclusive dining areas can obtain a Supper Hour Certificate which allows alcohol to continue to be sold to diners until 12.00 midnight. Premises with a Restaurant Licence now automatically have this extension.

Other ancillary certificates exist and we can advise you about these and about the certificates mentioned above in greater detail if required.

All liquor licences are renewed every 3 years. It is not uncommon for licensees to fail to renew a licence at the tri-annual renewal sessions (this year licences expired in April 2004).

Entertainment

Entertainment Licences are issued by a local authority and permit the provision of "public entertainment" (public music and dancing).

Entertainment Licence fees can vary between authorities, ranging from £200 to several thousand pounds. Obtaining a PEL will normally involve complying with numerous technical requirements which can be a costly exercise eg. fire alarms, emergency lighting etc.

Residents have a right to object to the issue of a PEL and a contested hearing will be held before a committee in such circumstances. Because obtaining a PEL is a requirement before obtaining a "late licence" (SHC - see above) this is the first step of the process.

Some Council's, such as Westminster have a presumption of refusing a PEL in certain "stress areas" such as the West End. Because of this, it is wise to speak to the Police and the Council before embarking on a project.

It is an offence to breach a condition of an Entertainment Licence, subject to a maximum fine of £20,000 and up to 6 months imprisonment (or both). If you have been asked to attend an interview in relation to an alleged breach of a PEL condition, you should contact us urgently.

Note

The above information is a simplified overview of the existing law. It is impossible to state the law in such a reduced format. Please contact us for advice about your specific circumstances.