APLH Licensing Act 2003 3 — Questions and Answers
Question 1: Which form is used to apply for a premises licence under the Licensing Act 2003?
- Form PN1
- The prescribed application form set by the Secretary of State (available from the licensing authority), accompanied by an operating schedule, site plan, and fees (Correct answer)
- A letter of application to the licensing authority
- Form L1 issued by the Home Office
Correct answer: The prescribed application form set by the Secretary of State (available from the licensing authority), accompanied by an operating schedule, site plan, and fees
Applications for premises licences must be made on the prescribed form, with an operating schedule (detailing how the four licensing objectives will be promoted), a scaled site plan, and the correct fee.
Question 2: What is the Licensing Act 2003's approach to premises used for regulated entertainment that was previously exempt (e.g., small live music venues)?
- All entertainment venues require a premises licence regardless of size
- The Live Music Act 2012 and Deregulation Act 2015 deregulated live and recorded music in licensed premises between certain hours, removing the need for additional entertainment authorisation in many cases (Correct answer)
- Live entertainment is now entirely unregulated
- Only venues with more than 500 seats require entertainment authorisation
Correct answer: The Live Music Act 2012 and Deregulation Act 2015 deregulated live and recorded music in licensed premises between certain hours, removing the need for additional entertainment authorisation in many cases
Amendments through the Live Music Act 2012 and Deregulation Act 2015 mean that live and recorded music in premises licensed for alcohol is no longer separately regulated as entertainment between 8am and 11pm for audiences up to 500.
Question 3: Under the Licensing Act 2003, in what circumstances can a senior police officer give a 'closure notice' to licensed premises?
- Only when a review application has been submitted
- Where there is reasonable belief that disorder has occurred or is occurring, or is likely to occur, at or near the premises (Correct answer)
- After three public complaints about a premises in one month
- Only when trading standards have confirmed illegal activity
Correct answer: Where there is reasonable belief that disorder has occurred or is occurring, or is likely to occur, at or near the premises
A police officer of inspector rank or above can issue a closure notice where disorder has occurred or is imminent, requiring the premises to close for up to 24 hours (extensible by a magistrates' court).
Question 4: What is the annual premises licence fee used for under the Licensing Act 2003?
- It is paid to the police to fund licensing enforcement
- It is paid to the licensing authority to fund the costs of administering and enforcing the licensing regime (Correct answer)
- It is deposited in a central government fund for public health
- It pays for compulsory training for DPS holders
Correct answer: It is paid to the licensing authority to fund the costs of administering and enforcing the licensing regime
The annual fee (set by the Secretary of State on a tiered basis by rateable value) is retained by the licensing authority to fund its licensing administration and enforcement functions.
Question 5: Under the Licensing Act 2003, what is a 'minor variation' to a premises licence?
- Any change to the conditions of a licence
- A simplified application process for small changes to a licence (such as minor changes to the operating schedule or licensed area) that do not raise concerns about the licensing objectives (Correct answer)
- A temporary modification for a one-off event
- A change of DPS only
Correct answer: A simplified application process for small changes to a licence (such as minor changes to the operating schedule or licensed area) that do not raise concerns about the licensing objectives
The minor variation process (s.41A) allows straightforward, low-risk changes to be made to a premises licence without the full consultation and hearing process required for a major variation.
Question 6: Which government guidance must a licensing authority have regard to when making licensing decisions under the Licensing Act 2003?
- Home Office circular guidance only
- Section 182 guidance issued by the Secretary of State, which licensing authorities must have regard to when exercising their licensing functions (Correct answer)
- Police guidance issued by the National Police Chiefs' Council
- NHS public health guidance on alcohol
Correct answer: Section 182 guidance issued by the Secretary of State, which licensing authorities must have regard to when exercising their licensing functions
Section 182 of the Licensing Act 2003 requires the Secretary of State to issue guidance to licensing authorities, which they must have regard to — failure to follow this guidance without good reason can render licensing decisions unlawful.
APLH Licensing Act 2003 3
Which form is used to apply for a premises licence under the Licensing Act 2003?