Licensing Act 2003 Flashcards

Which legislation governs the sale and supply of alcohol in England and Wales?

Answer: The Licensing Act 2003

The Licensing Act 2003 is the primary legislation that regulates the sale and supply of alcohol, regulated entertainment, and the provision of late night refreshment in England and Wales.

Which authority is responsible for issuing premises licences and club premises certificates under the Licensing Act 2003?

Answer: The relevant licensing authority, which is the district council, unitary authority, or London borough for the area

The licensing authority for a given area is the local council (district, borough, or unitary authority) — it issues premises licences, personal licences, and club premises certificates.

What are the four licensable activities covered by the Licensing Act 2003?

Answer: The sale of alcohol by retail, the supply of alcohol in clubs, regulated entertainment, and the provision of late night refreshment

The four licensable activities under the 2003 Act are: sale of alcohol by retail, supply of alcohol by or on behalf of a club, provision of regulated entertainment, and provision of late night refreshment (hot food/drink 11pm–5am).

Under the Licensing Act 2003, who may apply for a personal licence?

Answer: An individual aged 18 or over who holds a relevant licensing qualification and does not have an unspent conviction for a relevant offence

Personal licence applicants must be aged 18 or over, hold a recognised licensing qualification (such as the APLH Award), and must declare any relevant convictions — relevant unspent convictions may lead to refusal.

How long does a premises licence last under the Licensing Act 2003?

Answer: Indefinitely, until surrendered, suspended, or revoked

A premises licence under the 2003 Act has no expiry date — it continues indefinitely unless it is surrendered by the holder, suspended for non-payment of annual fee, or revoked following a review.

What is the difference between a 'premises licence' and a 'Temporary Event Notice' (TEN) under the Licensing Act 2003?

Answer: A premises licence is a permanent authority; a TEN provides a temporary authorisation for licensable activities for up to 168 hours at premises not covered by a licence

A TEN allows an individual to carry out licensable activities on a small scale (up to 499 persons) for a maximum of 168 hours without the premises holding a licence, subject to objection by police and environmental health.