News and Updates in Licensing Law
Coalition Government promises action on child
The Stage News
Published Tuesday 4 January 2011
The Coalition Government has pledged to update the 40-year old
child licensing laws to ensure all British youngsters have the chance to
appear on stage and on screen.
An advisory group has been set up to look at the legislation
and to consider whether the amateur sector can be removed from licensing
laws entirely. The group will develop the recommendations former Royal
Television Society chair Sarah Thane set out in her report, which was
commissioned by the Labour government in 2009 and reviewed the 1968
legislation around child performance. Read more
One of the Coalition Government’s first acts when they came to power
was to consult on changes to the Licensing Act 2003. The result of the
consultation was added to the Police Reform and Social Responsibility
Bill which was presented to Parliament on 30 November 2010.
Part of this Bill deals with the amendments to the Licensing Act and
will give greater powers to Authorities and Local Residents in the way
decisions are made about licensed premises. The Bill is not in its
final format and there will be time for MPs to debate the final details
of the Bill. Read more
Food fraud teamwork comes to rescue of World Cup fans
Friday 11 June 2010
Financial support and advice from the Food Standards Agency has enabled Salford Trading Standards to seize 436 bottles of counterfeit and illicit alcohol in advance of the World Cup.
Licensing Act 2003 Updates:
Online Applications and
In December 2009, The Department for Culture, Media and Sport issued new guidance under the Licensing Act 2003 which means licence applications and notifications may now be made electronically. This applies to all licensing processes except for personal licence applications, reviews and representations.
Online applications and notifications may be made via an Electronic Application Facility at www.businesslink.gov.uk or a licensing authority’s own facility. Payments must be made electronically and all documents must be submitted electronically.For further information go to www.culture.gov.uk, click on licensing and see amended guidance issued under Section 182 of the Licensing Act 2003, December 2009.
Persistent Sales of Alcohol to Children
The Violent Crime Reduction Act 2006 amended the Licensing Act 2003 by introducing the offence of persistently selling alcohol to children. In Section 28 of the Policing and Crime Act 2009, the offenceof persistently selling alcohol to children will be changed. An offence will be committed if alcohol is sold to an under 18-year-old on two or more occasions within three months, rather than on three or more occasions within three months.
This change, came into force as of 29th January 2010
Mandatory Licence Conditions
The Policing and Crime Act 2009 allows the Government to introduce up to nine mandatory conditions relating to the sale or supply of alcohol which may apply to existing or future premises licenses. The conditions must relate to the licensing objectives.As a result, Home Secretary Alan Johnson has announced that the Government intends to introduce five new mandatory licensing conditions.These are outlined in the following table along with the dates when each condition may come into force.
Mandatory Licensing Condition Types of premises Date due
A ban on irresponsible alcohol On-licenced premises April 2010
promotions such as drinking and club premises
games, women drink for free
and inclusive price deals
A ban on the dispensing of On-licenced premises April 2010
alcohol directly into the mouth
The provision of free tap water On-licenced premises April 2010
Ensure an age verification policy On-licenced premises October 2010
is in place which includes
checking the identification
of anyone attempting to buy
alcohol who appears to be under 18 years
Ensure small measures of alcoholic On-licenced premises October 2010
drinks such as beer, spirits and
wines are available for
Licensing Authorities to Act as Interested Parties
Another change in force as of 29th January 2010 is Section 33 of the Policing and Crime Act 2009, which amends the Licensing Act 2003 to allow members of a licensing authority to act as interested parties. This will allow licensing authority members to make representations objecting to a licence application and to apply for a licensing review.