Alcohol and Entertainment
If your business provides any licensable activities - sell alcohol, hot food and drink, or provide certain types of public entertainment - you will need a licence from us. A public register is available giving licence details of all licences and certificates granted under the Licensing Act 2003.
A licensable activity can be:
- the sale of alcohol
- the supply of alcohol at a club
- the provision of regulated entertainment eg live or recorded music, dancing, indoor sporting event
- the provision of facilities to allow regulated entertainment to take place
- the provision of late night refreshment between 11 pm and 5 am.
There are four types of licences which you can apply for
- If you sell alcohol, provide regulated entertainment, or late night refreshment, you should apply for a Premises Licence
- If you are a club that supplies alcohol, regulated entertainment, or late night refreshment, apply for a Club Premises Certificate
- If you supply or authorise the sale of alcohol, (other than in premises having a Club Premises Certificate) then you will need to apply for a Personal Licence
- If you are organising a small scale (less than 500 people) event and intend to sell alcohol/refreshments or provide regulated entertainment, then you will need to apply for a Temporary Event Notice (TEN)
How to apply for a licence
You can obtain information on current applications or licensed premises hours and conditions by searching the online public register.
Members of the public who live in the vicinity of the premises or those involved in a nearby business are able to make representations when new applications are made or call for a review where problems in relation to crime and disorder, public nuisance, public safety or protection of children from harm exist.
Any interested party or responsible authority may call for the review of a premises licence if they believe that the licensing objectives are not being promoted.
Licensing Reviews
The operators of licensed premises are required to actively promote the four licensing objectives:
- Prevention of crime and disorder.
- Prevention of public nuisance.
- Public safety.
- Protection of children from harm
Any interested party or responsible authority may call for the review of a premises licence if they believe that the licensing objectives are not being promoted.
This process is evidenced based and so it is important that the person who is calling for a review has evidence to substantiate the application. The best way to do this is to keep diaries of the events that have lead to the application including videos or photographs if they are available. The police and Environmental Protection maintain computer records of calls made to them. These records can be called for by the person applying for the review to assist in substantiating the application. A record of continued calls in respect of a premise may add weight to the review application. The Department for Culture Media and Sport have produced detailed guidance for persons who are thinking of applying for the review of a premises licence.
Calling for a Review
Application for a review must be made on the
Licensing Review application form and submit it to us at Bolsover District Council, Sherwood Lodge, Bolsover, Derbyshire S44 6NF. Copies must also be sent on the same day to the premises licence holder and to each of the responsible authorities. Failure to send these copies may render the application as invalid.
The Licensing Manager can refuse to pursue a review that is deemed to be malicious, vexatious or repetitive. Unless there are substantially new evidence for seeking a review the application will not normally be allowed if there has been a review on substantially similar grounds in the previous 12 months.
The Licensing Authority will then place a notice on or near to the premises in a position where members of the public can read it giving notice of the application and calling for representations either for the review or in support of the premises licence holder. This notice will be displayed for a period of 28 days during which time representations can be made. Representations will only be accepted from responsible authorities or interested parties
After the representation period a hearing must be held within 20 working days unless action can be agreed that makes the review unnecessary. To this end the Licensing Manager is able to negotiate between the parties to see if there is any way to avoid the review hearing. Negotiations may continue up to and sometimes during the hearing.
Last Updated on Tuesday, 05 October 2010 07:56
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