Securing the correct license authorisations under the Licensing Act 2003 is the critical first step for any hospitality, leisure or retail venture in England and Wales. Failure to comply with the relevant legislation and regulations can result in severe legal penalties, unlimited fines, or the closure of your business.
What are Licensable Activities?
Part 1 of the Licensing Act 2003 governs local authority authorisation. These include:
- The sale or supply of alcohol (on or off the premises)
- Regulated entertainment (including plays, films, indoor sporting events, boxing/wrestling and certain live/recorded music performances)
- Late-night refreshment (the provision of hot food or drink, consumed on or off the premises, between the hours of 23:00 and 05:00)
*Note that the Live Music Act 2012 and the Legislative Reform (Entertainment Licensing) Order 2014 (which amended the Licensing Act 2003) deregulated most live and recorded music performances between 08:00 and 23:00 for audiences of up to 500 people in venues licensed for the sale of alcohol.
The types of businesses that may require licences to operate include:
- Pubs
- Bars
- Restaurants
- Nightclubs
- Off-licences
- Hotels and guest houses
- Private members clubs
- Social clubs
- Sports venues
- Cinemas
- Theatres
- Amateur dramatic groups
- Community groups
- Youth clubs
- Entertainment organisers
The Four Licensing Objectives
Licensing authorities and holders of a licence under the Licensing Act 2003 have a duty to actively promote and have regard to the four licensing objectives, which are at the heart of the licensing regime. These objectives are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Key Types of Authorisations
Premises Licence – A permanent license granted in respect of a specific location such as a pub, restaurant, nightclub or shop, which authorises the licence holder to carry out licensable activities. The licence will only become invalid if the holder dies, loses capacity, loses their right to work, bankruptcy/insolvency, revocation or voluntary surrender. An annual fee is payable on the anniversary of the grant of each licence. There must be an appointed Designated Premises Supervisor (DPS) if alcohol will be sold at a premises.
Personal Licence – Required for individuals who wish to authorise the sale of alcohol where a Premises License is in force. Any premises selling alcohol must have a named DPS who holds a Personal License. The license is valid indefinitely and is not tied to a specific premises. A personal licence holder must meet certain criteria such as passing an accredited alcohol licensing qualification and undergoing a criminal background check.
Club Premises Certificate – A certificate only available to qualifying members’ clubs such as sports clubs, permitting them to carry out licensable activities. Premises with this certificate are exempt from having to name a DPS.
Temporary Event Notice (TEN) – A notice that is required for one-off events involving licensable activities such as weddings, festivals, pop-up events or for extending the activities of a pre-existing Premises Licence for special events. The event can only last for a maximum of 7 days and there must be no more than 499 people on site at any time.
The Licensing Application Process
The process of obtaining a licence is governed by strict statutory timelines. Navigating these stages correctly is vital to avoid delays that can postpone your business launch.
Pre-Application and Evidence Gathering
Prior to submitting a licence application, the required documents and evidence must be gathered, such as a detailed premises plan, which must be drawn to scale and compliant with the Licensing Act 2003 and Section 182 Guidance, an operating schedule (part of the licence application) which outlines activities and precisely how the four licensing objectives will be promoted and right to work documents in accordance with requirements under the Immigration Act 2016.
Submission and Consultation Period
Once an application in relation to a venue or event is submitted to the licensing authority, copies of the application must be sent to the Responsible Authorities (such as the Police, Fire Authority, and Environmental Health, etc) on the same day. If you apply electronically, the licensing authority often automatically forwards the forms to the Responsible Authorities, but this is different with paper/postal applications.
A blue notice must be displayed at the premises the day after the application is submitted, and a notice must be published in a local newspaper within 10 working days starting on the day after the application is submitted. There will then be a consultation period during which the Responsible Authorities and members of the public can make representations (objections) in respect of the application. Representations must directly relate to one or more of the four statutory licensing objectives and cannot be frivolous, vexatious or repetitious.
Conflict Resolution and Mediation
Applicants can liaise with a party who makes a valid representation to reach an agreement and prompt them to withdraw their representation by proposing to add conditions to the licence which will address the concerns raised.
Sub-Committee Hearing
If no agreement can be reached, the licensing authority will arrange for a sub-committee hearing to take place to address the issues and determine whether the business the application relates to will promote the statutory licensing objectives.
*Note that unlike applications for Premises Licences or Club Premises Certificates, the process for a Personal Licence is focused solely on the applicant’s eligibility.
Consequently, there is no requirement to display a public blue notice at a premises or to publish a notice in a local newspaper. Instead, the process is centered on the submission of accredited qualifications and valid criminal record disclosures to the relevant licensing authority. Temporary Event Notices are also not subject to public consultation and do not require press advertising.
Why the Application Process is Challenging
The licensing application process can be complex, due to a variety of different factors.
Evidentiary Burden
Key documents must be provided alongside the application. For applications that relate to a venue or event, the operating schedule which forms part of the application is required to detail how the licensing objectives will be promoted, site plans that comply with the Licensing Act 2003 and Section 182 Guidance must be submitted and right to work evidence must also be provided.
Fragmented Local Frameworks
Each licensing authority is required to determine and publish its own Statement of Licensing Policy, which is tailored to address the specific community needs, geography and challenges of a particular borough or district. This means that there are inconsistencies across rules and the general licensing legal system.
Cumulative Impact Zones
Making a licensing application for a venue or event in a cumulative impact zone means facing a rebuttal presumption of refusal, as local authorities will automatically assume that the application will be refused. These zones are designated areas where a local authority has identified that the number, type, or density of licensed premises is contributing to crime, disorder or public nuisance and therefore, the burden is on the applicant to evidence that their business will not add to existing issues if they are granted a licence.
Objections
There is a risk that an application for a licence for a venue or event could receive representations from Responsible Authorities or members of the public. Thus, the applicant is responsible for demonstrating that their application promotes the statutory licensing objectives. If the application goes to a local licensing committee for a hearing, this can delay opening dates, lead to the imposition of strict conditions or lead to the rejection of the application by the licensing authority.
Completion of Operating Schedules
The operating schedule is a document in a licensing application that outlines the proposed licensable activities, opening hours and how the applicant intends to promote the statutory licensing objectives. Therefore, applicants need to find a balance between proposing enough suitable conditions to satisfy authorities without imposing overly restrictive rules that impact the operational flexibility of their business, as they will need to comply with all conditions of the licence.
How Our Licensing Solicitors Can Help
We provide comprehensive advice and representation on all aspects of licensing policies and licence applications:
We can help you by:
- Reviewing and interpreting local authority licensing policies
- Advising on how policies affect your application
- Preparing compliant and strategically structured licence applications
- Representing you in licensing hearings and negotiations
- Justifying applications that deviate from licensing policies
- Helping protect your licence from review or revocation
We act for a wide range of businesses, including restaurants, bars, pubs, nightclubs, event venues, and hospitality operators.
Why Choose TV Edwards?
- Highly ranked in legal directories – Legal 500 and Chambers UK
- Immediate emergency support – call us on 0203 440 8000
- Specialist representation – police station advisers, solicitors, and higher court advocates
- Hardworking problem-solvers – we fearlessly challenge evidence, protecting your interests
- Honest and down-to-earth – we explain your options compassionately and in plain English
