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Licensing Act 2003 Trainer Update

Online Applications and Notifications

Online ApplicationIn 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.

The Highfield Licensing Course Book (England and Wales) and the associated trainer resources will shortly be updated in accordance with these changes. 

 

Persistent Sales of Alcohol to Children

Under age saleThe 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 offence of 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, in force as of 29th January 2010, will affect pages 36 and 54 of the Highfield Licensing Course Book (England and Wales) which will be updated shortly along with all associated trainer resources.

 

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 promotions
such as drinking games, women drink for
free and inclusive price deals

On-licenced premises
and club premises

April 2010

A ban on the dispensing of alcohol directly
into the mouth

On-licenced premises
and club premises

April 2010

The provision of free tap water for customers

On-licenced premises
and club premises

April 2010

Ensure an age verification policy is in place which includes checking the identification
of anyone attempting to buy alcohol who appears to be under 18 years old

On-licenced and off-licenced premises
and club premises

October 2010

Ensure small measures of alcoholic drinks
such as beer, spirits and wines are available
for customers

On-licenced premises
and club premises

October 2010


For further details visit www.homeoffice.gov.

The Highfield Licensing Course Book (England and Wales) and associated trainer resources will be updated as these mandatory conditions come into force.

 

Licensing Authorities to Act as Interested Parties

AuthorityAnother 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.

These changes will affect the Highfield Licensing Course Book (England and Wales) on pages 25, 26 and 60. Both the book and the associated trainer resources will shortly be updated in accordance with these changes. 

 

We welcome feedback! If you have any comments regarding this newsletter or any of its contents,
please contact jfell@highfield.co.uk