Licensed Premises (pubs, clubs, late night food)
Alcohol, Entertainment and Late Night Refreshment
The Licensing Act 2003 passed responsibility for Alcohol, Entertainment and Late Night Refreshment licensing from the magistrates to local authorities. Although we are the licensing authority it will work closely with Lincolnshire County Council , which has a responsibility for the protection of children and for working to reduce crime and disorder through the South Kesteven Crime and Disorder Partnership of which we are both members. Lincolnshire Police are statutory consulates for the new licensing process. They are also members of the local Crime and Disorder Partnership. The Police have the main responsibility for dealing with alcohol related crime and anti social behaviour. We work closely with the police in the enforcement of licensing legislation. Lincolnshire Fire and Rescue Service are statutory consulates in respect of the licensing process. They too are members of the local Crime and Disorder Partnership. The Fire and Rescue Service currently inspect premises for fire safety.
The four licensing objectives are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Each objective is of equal importance
The council issues the following licences/certificates under the licensing act 2003 :
Personal licences
Personal licences authorise an individual to supply alcohol, or authorise the supply of alcohol in accordance with a premises licence or a temporary event notice. Not everybody that works in any licensed premises will need to hold a personal licence, however, all premises licensed to sell alcohol will have an identified personal licence holder, known as the designated premises supervisor. In addition, all supplies of alcohol under a premises licence must be made or authorised by a person that holds a personal licence.
Premises licences
A premises licence authorises the use of premises for licensable activities.
Licensable activities are the sale of alcohol, the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, the provision of regulated entertainment and the provision of late night refreshment. If you carry out any of these activities, you are likely to need an authorisation (a premises licence, a club premises certificate or a temporary event notice). Licensable activities can be at private dwellings.
Club premises certificates
Club premises certificates are authorisation's needed by clubs to carry on certain activities (e.g. selling alcohol to members and their guests). They may be granted to clubs which meet the special requirements set out in Part 4 of the 2003 Act (regarding membership, that the club is established and conducted in good faith and special conditions where the club supplies alcohol to its members). These commonly include ex-services clubs such as the Royal British Legion, Conservative, Labour and Liberal clubs, working mens clubs, miners welfare institutions and sports and social clubs. The application process is similar to that for a premises licence. For example, there are similar provisions about advertising applications and making representations. However, a key difference is that, unlike a premises licence, there is no requirement to identify a designated premises supervisor to allow the supply of alcohol under a club premises certificate.
Designated Premises Supervisor
The main purpose of the designated premises supervisor as defined in the Licensing Act 2003 is to ensure that there is always one specified individual, among these personal licence holders, who can be readily identified for the premises where a premises licence is in force. That person will normally have been given day to day responsibility for running the premises by the premises licence holder. A designated premises supervisor may supervise more than one premises so long as they are able to ensure that the four licensing objectives will be properly promoted on the premises and that licensing law and licence conditions will be complied with.
Temporary Event Notices
This is the notice that organisers of small-scale temporary events must give to the licensing authority and the police to make it a permitted temporary activity.
Permitted temporary activities are small-scale, temporary events of which licensable activities form part, that are allowed to take place without the need for a premises licence or club premises certificate. The event organiser (who must be over 18 years) has to notify the licensing authority and the Chief Officer of Police at Grantham Police Station, by giving a temporary event notice(TEN) at least 10 working days prior to the proposed event. The 10 working days does not include the date it was served on the authority or the day of the event.
The council's policy recommends at least 20 working days and no more than 40 working days notification be given.
There are certain limitations imposed on this system.
These include:
- No more than 499 people (including staff/organisers) attending at any one time.
- An individual is limited to giving 5 TEN's in a calendar year, unless they are a personal licence holder for the sale of alcohol, in which case they can give 50.
- A limit of 12 temporary event notices may be given in respect of any particular premises in a calendar year.
- An event may last for no more than 96 hours.
- The maximum aggregate duration of the periods covered by temporary event notices at any individual premises of 15 days.
Frequently Asked Questions
Can I view licences online?
The licensing register is currently under construction. At this time you can view premises licences and club premise certificates.
Do I need a licence?
You will need a licence if you sell or supply by retail alcohol, provision of Late Night Refreshment between the hours of 23.00 and 05.00 or provide regulated entertainment which includes:
- music
- dancing
- plays
- films
- indoor sporting events
- boxing or wrestling (indoors or outdoors)
- provide hot food from any premises between the hours of 11.00 PM and 5.00 am
These are referred to as 'Licensable activities'.
What premises does this apply to?
It applies to:
- Public Houses
- Clubs
- Shops
- Off Licences
- Theatres
- Hotels
- Takeaways
In short, any place where the 'licensable activity' takes place.
What are licensable activities?
Licensable activities are the sale of alcohol, the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, the provision of regulated entertainment and the provision of late night refreshment. If you carry on any of these activities, you are likely to need an authorisation (a premises licence, a club premises certificate or a temporary event notice). Licensable activities can be at private dwellings.
Do I need a personal licence?
Personal licences authorise an individual to supply alcohol, or authorise the supply of alcohol in accordance with a premises licence or a temporary event notice. Not everybody that works in any licensed premises will need to hold a personal licence, however, all premises licensed to sell alcohol will have an identified personal licence holder, known as the designated premises supervisor. In addition, all supplies of alcohol under a premises licence must be made or authorised by a person that holds a personal licence.
Do I need a premises licence for...?
A premises licence authorises the use of premises for licensable activities.
Licensable activities are the sale of alcohol, the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, the provision of regulated entertainment and the provision of late night refreshment. If you carry on any of these activities, you are likely to need an authorisation (a premises licence, a club premises certificate or a temporary event notice).
Guidance for running a business in the night time economy
There are many different types of premise that serve the late night economy. Lincolnshire Police have produced a Codes of Practice, which although is not law, is a helpful guide and addresses issues you may want to consider when operating a business in the night time economy.
Related documents
| Size | Name | ||
|---|---|---|---|
 |
[215kb] | EP14-15-28 | Personal Licence Application |
|
[109kb] | EP19 Application for a Premises Licence | Application for a Premise Licence |
|
[104kb] | EP20 Application to vary a Premises Licence under the Licensing Act 2003 | Application to vary a Premises Licence |
|
[142kb] | EP21-22 | Vary Designated Premises Supervisor |
|
[152kb] | EP23-24 | Application to transfer a Premises Licence |
|
[119kb] | EP25&EP26 | Notice to Cease being a Designated Premises Supervisor |
|
[7kb] | sample newspaper advert | sample newspaper advert |
|
[7kb] | sample premises notice | sample premises notice |
|
[102kb] | EP12 Temporary Event Notice Application Form & Notes | EP12 Temporary Event Notice Application Form & Notes |
|
[76kb] | EP13 Guidance Notes Temp Event Notice | Temporary Event Notice Guidance notes |
|
[351kb] | licensing guidance to applicants revised August 2009 | Guidance for applicants - Licensing Act 2003 |
|
[77kb] | Minor Variations Form | Application form for minor variations |
The documents in this section are in Adobe Acrobat format (pdf). You will need Acrobat Reader to view these files which can be downloaded from the Adobe website free of charge.
