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Licensing Act 2003 Update 2015

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24 September 2015 – Proposed amendments to the Licensing Act following the publication of the Immigration Bill

The Immigration Bill has now been published and it is proposed that there will be additional responsibilities for Licensing Authorities to take action.

It is proposed that residents will be disqualified from applying for a Premises Licence if they are not entitled to work in the UK and a Premises Licence will also lapse if the holder of the Licence ceases to be entitled to work in the UK at any time when the holder is resident in the UK.

There is also proposed a section which will require a Licensing Authority when considering a transfer application to reject it if it considers it appropriate for the prevention of illegal working in Licensed Premises.

Persons not entitled to work in the UK will be disqualified from applying for an Interim Authority Notice.

With regard to Personal Licences, there will be a new Immigration Offence and in addition, a Personal Licence will cease to have effect if the holder of the Licence ceases to be entitled to work in the UK. There is also to be a new requirement on a Licensing Authority to notify the Secretary of State where a Personal Licence Holder has been convicted of an Immigration related offence subsequent to the grant of the Licence enabling the Secretary of State to give the Authority an Immigration Objection Notice.

Essentially to hold a Personal Licence or a Premises Licence will require the holder to be entitled to work in the UK and will also enable Licensing Authorities to take action where immigration offences are committed.

For further information please contact Andrew Cochrane.

01 June 2015: On the 26 May 2015, further sections of the Deregulation Act were brought into effect.

As a consequence, Section 148 of the Licensing Act 2003 which made it a criminal offence to sell liqueur confectionary to a person under 16 has been abolished. Also, the requirement on a Premises Licence Holder to report the loss of theft of a Licence to the Police before applying for a replacement copy has been removed.

Additionally, the number of temporary event notices that may be given in relation to the same premises in any calendar year increases from 12 to 15, albeit that this will only apply to events in 2016. The limit for events in 2015 remains at 12.

For further information, please contact Andrew Cochrane.

 

27 March 2015 – Changes to the Licensing Act 2003

The Deregulation Act 2015 received Royal Assent on 26 March 2015.  We now have the commencement dates for the amendments being made to the Licensing Act 2003.

From 01 April 2015, the requirement to renew Personal Licences has been abolished.  Anyone with a Personal Licence expiring after this date will not need to renew their Personal Licence.

The offence of selling liquor confectionary to children under 16 will be repealed with effect from 26 May 2015 and after that date, a person of any age can buy liqueur confectionary in England and Wales.

The requirement to report lost or stolen Licences to the Police before applying for duplicates is to be abolished with effect from 26 May 2015.

The limit on the number of temporary events that can be held at a single premise is to increase from 12 to 15 per year from 01 January 2016 and the changes to regulated entertainment will take effect from 06 April 2015.

So from the 6 April :

  • Live unamplified music is deregulated between 08:00 and 23:00 on any premises.
  • Live amplified music on Licensed premises is deregulated between 08:00 and 23:00 provided the audience does not exceed 500 (previously 200).
  • Recorded music is deregulated between 08:00 and 23:00 in On Licensed premises provided the audience does not exceed 500 (deregulation of recorded music does not, however, apply to workplaces e.g. beer gardens).

In summary, what remains licensable after 06 April is any entertainment after 23:00, most forms of entertainment in the presence of an audience of more than 500 and any sexual entertainment.

Should you have any queries or concerns or require any further information please do not hesitate to contact Andrew Cochrane or Karen Cochrane on 01332 226 151.

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