Alcohol and entertainment licensing policy statement
5. Definitions
Definitions
Club Premises Certificate - Club Premises Certificates are authorisations to conduct licensable activities at qualifying clubs, often referred to as members’ clubs.
Designated Premises Supervisor - The Designated Premises Supervisor (“DPS”) is an individual who holds a personal licence and is named on a premises licence permitting the sale of alcohol. The DPS is ultimately responsible for running the premises. There can be only one DPS for each premises licence.
Guidance - National Guidance to the Licensing Act 2003 published under section 182 of the Licensing Act 2003. The guidance is regularly updated and licensing authorities have a legal obligation to consider the guidance when carrying out licensing functions.
Late night refreshment - Late Night Refreshment refers to hot food and drink served between 11 p.m. and 5 a.m. for consumption on or off the premises.
Licensable activity - Licensable activities include the sale and supply of alcohol, the provision of late night refreshment and regulated entertainment.
Licensing Authority - Buckinghamshire Council.
Licensing Committee - A committee of not less than ten and not greater than 15 Council members (Councillors) delegated by the Council to carryout the licensing functions of the Council. The whole committee may sit or delegate its responsibility to sub committees consisting of at least three members.
Licensing functions
Licensing objectives - Licensing Objectives under the Licensing Act 203 are the prevention of crime and disorder, the prevention of nuisance, public safety and the protection of children from harm. All representations must concern the licensing objectives.
Licensing Sub-Committee - A sub-committee of the main Licensing Committee that meets to hear contested licence applications at a public hearing. The sub-committee consists of at least 3 members of the Licensing Committee.
Licensing officers - Council officers who are authorised to carryout certain functions of the licensing authority. Licensing officers process applications, issue licences, provide advice on licence applications, perform enforcement functions and may also make representation on licence applications.
Local Government Association -The LGA works on behalf of local authorities (councils) to support, promote and improve local government. The LGA provides guidance and training to councillors and officers.
Mandatory Conditions - Conditions that apply to every premises licence or club premises certificate.
Minor variation - A small change to a premises licence or club premises certificate that could not impact adversely on any of the four licensing objectives. Further guidance is available here.
Operating schedule - An operating schedule forms part of the application for a premises licence. It contains details of the licensable activities proposed, the hours of operation and the measures proposed to promote the licensing objectives. Where the licence is granted, its terms become conditions on the licence.
Personal licence holder - A personal licence allows its holder to make or authorise the sale of alcohol on licensed premises. A personal licence is granted by the local authority where the holder usually lives. That local authority will remain the licence holders ‘home authority’ while they hold the licence, even if they move to a new area.
Premises Licence - A premises licence permits the carrying on of licensable activities. It is valid indefinitely unless it is revoked, surrendered or lapses, for example on the death of its holder. Annual fee is payable based on the “Non-Domestic Rateable Value”.
Provisional statement - A preliminary approval by the Licensing Authority on the basis of a set of plans showing proposed alterations to existing premises or premises which have not yet been built. A premises licence application will still be necessary even though a provisional statement has been granted.
Qualifying Club - A club must be established in good faith with at least 25 members and adhere to membership requirements and an alcohol supply policy as per the requirements of the Licensing Act 2003.
Regulated entertainment - Regulated entertainment includes the performance of a play, film exhibitions, indoor sporting events, boxing or wrestling events, performing live music and playing recorded music (except incidental music) and performances of dance, and entertainment of a similar description. Certain exemptions apply, for example unamplified music between 08.00 and 23.00 hours on any day.
Representation - Representations are objections to applications made by interested parties and responsible authorities. They must concern the licensing objectives and must be made in time, otherwise they will be rejected.
Responsible Authority - Responsible authorities are the statutory authorities who may participate in the licensing process, including the police, the environmental health authority, the fire and rescue authority, the child protection authority, the health and safety authority and the planning authority.
Review of premises licence - An application made by a responsible authority or residents or business, asking the Licensing Authority to reconsider the conditions on a premises licence or club premises certificate and whether that licence should be revoked or suspended for up to three months.
Summary review - The Police may apply to the Licensing Authority for the summary review of a premises licence where they believe the premises are associated with serious crime, serious disorder or both. The Licensing Authority must decide, within 48 hours, whether to take any interim steps pending the outcome of the full review of the premises licence, which must be concluded within 28 days of the receipt of the application for review.
Statement of Licensing Policy - Document that licensing authorities are required to publish and review at least every 5 years. The document details how licensing functions will be carried out by the Council in it role as Licensing Authority.
Temporary Event Notice - TENs allow licensable activities to take place for short periods of time at unlicensed premises. They can also be used to extend the permitted hours at licensed premises. There are limits per calendar year on the number of times a person can submit TENs and the amount of time a premises may be used under a TEN. The maximum number of people allowed on premises being used under a TEN is 499 including staff. Only the police and the Council’s environmental health service can object to TENs.