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Licence - public entertainment
This information has been prepared for the guidance of residents and (potential) licensees in the district of Durham City. It is intended for reference only and should not be regarded as exhaustive or as an authoritative interpretation of the law, for which reference should be made to the Licensing Act 2003 and Guidance issued by the Secretary of State for Culture, Media and Sport, or by obtaining independent legal advice.
General
The Licensing Act 2003 introduces significant changes to licensing laws, joining up six previously separate licensing regimes: alcohol, public entertainment, cinemas, theatres, late night refreshment houses and night cafes. The Act came into effect on 24 November 2005.
The Alcohol Harm Reduction Strategy for England
More information and downloads can be found on our Alcohol - Advice and Support page.
Will I Need a Licence?
If you are involved in any of the following you may need a licence:
- Retail sale of alcohol
- This includes pubs, nightclubs, restaurants that serve alcohol, and off-licences.
- Clubs supplying alcohol
- This applies to clubs that satisfy certain conditions, that sell alcohol to members and guests.
- Regulated entertainment
- Plays, films, indoor sports events, boxing and wrestling events, performing live music and
- playing recorded music (except incidental music), dance performances and providing facilities
- for music or dancing.
- Late night refreshment
- Supplying hot food or drink to the public between 11pm and 5am, whether for consumption on
- or off the premises. Previously, late night takeaway food businesses did not require a licence
- whereas under the new system they will require a licence.
What types of licences are available under the new scheme?
- Premises licences allow premises to be used for the sale of alcohol, provision of entertainment and/or provision of late night refreshment. These licences run forever unless surrendered or revoked.
- Club premises certificates allow premises of a qualifying club to be used for the sale of alcohol and/or the provision of entertainment.
- Temporary event notices allow premises to be used for the sale of alcohol, the provision of entertainment and/or the provision of late night refreshment for a period of up to 96 hours provided there are less than 500 people on the premises at any one time. Separate guidance notes are available on temporary event notices.
- Personal licences, valid for ten years unless surrendered or revoked, are required to sell alcohol under a premises licence. You must apply to the licensing authority for the area you normally live in. Once granted, that authority remains the licensing authority for you even if you leave the area.
What Will I Need Under The New Licensing System To Supply Alcohol?
A qualifying club will need a club premises certificate that authorises the supply of alcohol. It may also authorise the club being used for other licensable activities.
If you are not a qualifying club and wish to sell alcohol by retail for an extended period, you will need both a premises licence that authorises the supply of alcohol and a personal licence. The personal licence will be held by the designated premises supervisor. The premises licence may also authorise the premises being used for other licensable activities.
You may also wish to use temporary event notices on occasions throughout a year.
What Happens To Licences That Were Issued Under The Old System?
Even if the expiry date on a Justices' licence or club certificate, public entertainment, theatre, cinema or late night refreshment house licence is after 24 November 2005, it is not valid after this date.
What is the licensing policy?
Under the new licensing system, the Council has published a licensing policy. This sets out the policies the licensing authority within the Council will generally apply when considering applications. Policies must promote the four licensing objectives set by the Government: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. The licensing policy considers various issues including opening hours, the cumulative impact of premises, children's access, alcohol and drugs management, nuisance (such as noise and litter), and enforcement.
Operating Schedule
This will form the basis of the conditions that will be attached to the premises licence or club premises certificate. It must include details of how the licensing objectives will be met, the intended licensable activities and times, other times the public will be admitted, any limited period for which the licence is to exist, designated premises supervisor details (where alcohol is to be sold), whether alcohol will be sold on or off the premises or both, and any other prescribed matters. Operating schedules are required for new and variation applications.
Application Procedure
New applications will be required if you do not currently hold a premises licence or club premises certificate.
Variation applications will be required if you wish to vary your premises licence or club premises certificate, such as the hours or adding the provision of regulated entertainment or supply of alcohol.
Applicants must give copies of their applications to each of the responsible authorities: police, fire authority, environmental health, child protection committee, trading standards and planning authority. If representations are made by any of these or any other interested party (local businesses or residents), a hearing in front of the Council's Licensing Committee will be required. Applicants must also publicise new and variation applications by displaying a notice on the premises and advertising the application in a local newspaper.
To apply for a personal licence, you must submit an application and disclosure of convictions form with a photograph of yourself endorsed by a suitable person, basic disclosure from the Criminal Records Bureau, proof of holding the required qualification (usually the BIIAB Level 2 National Certificate for Personal Licence Holders) and statutory fee of £37.
Review
Anyone may apply at any time for a review of a premises licence or club premises certificate. Where grounds relevant to the licensing objectives exist, the licensing authority will arrange a hearing to determine the matter. Options include changing the conditions, excluding a licensable activity, suspending the licence or certificate for up to three months, or revocation.
Provisional Licences
Applications may be made for the provisional grant of a licence for premises that are not yet built or are being altered. Such a licence will be subject to works being properly completed.
Fees
Details of the statutory fees will be provided with application forms. No fee is payable for premises licence applications in respect of church halls, village halls or community centres authorising only the provision of regulated entertainment, or for schools and sixth form colleges authorising only the provision of regulated entertainment carried on by the school or college at the premises for the purposes of the school or college.
Offences
If you are not licensed, it is an offence to supply alcohol, provide regulated entertainment or provide late night refreshment. The maximum penalty for anyone found guilty of such an offence is a fine of £20,000 and/or a six month prison sentence.
When is a licence not required?
Exemptions include films to advertise goods, provide information or education; live television and radio; religious meetings or services; garden fetes (unless held for private gain); morris dancing; and incidental entertainment such as background music in a shop or for dance classes.
Other pages you may find useful
Contact Details
For further information or specific help with information on this page, please contact us:
City of Durham Licensing Section (Dragonville)
Telephone: 0191 301 8730
E-Mail: licensing@durhamcity.gov.uk
In an emergency, outside of office hours, please call 0191 386 6111