The Licensing Act 2003 - Old and New systems compared
Old |
New |
Magistrates have responsibility for alcohol licensing (Liquor licences and Restaurant licences Local authorities have responsibility for entertainment licences and night café licences |
Local authorities responsible for all alcohol and entertainments licensing (liquor, restaurant, entertainment and night café licences). Approx. 3,600 existing licences in Westminster. |
Separate licences for cinema, theatre, sale of alcohol, public entertainment, etc. |
One premises licence to cover all activities and no additional licence costs for more than one activity. |
Individuals licensed to sell alcohol from particular premises. |
Separate premises and portable personal licence. |
Applicants for licences have to prove themselves fit and proper. |
New applicants for personal licences need to gain an accredited qualification and obtain a criminal conviction certificate or a criminal record certificate or the results of a subject access search of the police national computer by the National Intelligence Service (or words to that effect). |
Public entertainment fees set by individual local authorities. |
Fees set by Government for premises and personal licences. |
Two in a bar rule means that where more than two artists perform, a public entertainment licence is required. |
All public entertainment will normally require a licence, but entertainment consisting of the performance of live music will not need a licence where it is incidental to other activities. |
All public entertainment will normally require a licence, but entertainment consisting of the performance of live music will not need a licence where it is incidental to other activities. |
Children’s access will be the norm, except where there is a good reason for them being excluded – balanced by clear objective of protection of children from harm. |
The law concerning consumption of alcohol by under 18s in public places is confusing and unrealistic for example it is legal to buy an alcoholic drink and give it to a six year old in a public garden. |
16 and 17 year olds will only be able to consume alcohol in pubs when it is bought for them by someone 18 years old or older, and is consumed with a meal in the company of someone 18 or over. |
Licences are required for tombolas and raffles where alcohol is offered as a prize. |
Tombolas or raffles will be exempted from the requirements for a licence is most cases |
Anyone wishing to hold a one-off event must apply for an occasional permission from the Court. |
A new system of temporary permitted activities will allow extensions for premises licences, (for example a big sporting event or a wedding) and the sale of alcohol by non-licence holders within permitted limits after a simple notification |
Anyone can sell alcohol in wholesale quantities to the public without a licence |
The exception for wholesale will only apply to sales between businesses or to personal or premises licence holders. |
There is broad discretion for licensing authorities on the reasons for making licensing decisions. |
There will be four specific licensing objectives on which all decisions in relation to licensing applications must be based. |
Alcohol can only be served within specific limited permitted hours, subject to some extensions being obtained. |
Permitted hours will be abolished and each licensed premises will choose its own hours of opening, subject to there being no objections from others. |
Police powers to close relate only to permanent on-licensed premises |
Police powers to close premises extended to all temporary events such as one-off raves. |