Alcohol, entertainment and late night refreshment.
If you are planning to sell alcohol, provide regulated entertainment (live or recorded music, films, plays etc) or supply late night refreshments you need to apply for a licence to do that activity under the Licensing Act 2003.
Licensable Activities.
The sale or supply of alcohol includes both on-sales (pubs, bars, restaurants), and off-sales (off-licences, supermarkets, convenience stores) as well as registered clubs (where alcohol is supplied). In addition to requiring a premises licence for the sale of alcohol, individuals may also be required to obtain a personal licence.
The provision of regulated entertainment is defined as specific activities that takes place in the presence of an audience for the entertainment of that audience and are provided with a view to profit. Details can be found in Section 16 of the Revised Guidance issued under section 182 of the Licensing Act 2003 .
The provision of late night refreshment is the sale of hot food and/or hot (non-alcoholic) drink whether for consumption on or off the premises (this includes mobile units and stalls) to the public between 11pm and 5am. This includes takeaways, restaurants and petrol stations that sell hot food.
Authorisation to carry out some or all of these licensable activities is contained in a single premises licence, club premises certificate or temporary event notice. This is issued by the licensing authority and authorises the premises or location where the activity is to take place. These licences may be permanent, for a limited period, or for one-off events.
Under the Immigration Act 2016 licensing authorities are prohibited from issuing premises and personal licences to anyone who is illegally present in the UK or not permitted to carry out work in a licensable activity. The application forms set out the evidence of entitlement to work in the UK to be provided as part of the application.
Permissions under the Licensing Act 2003
Temporary Event Notices
A Temporary Event Notice known as a TEN, is not a form of authorisation that requires permission from the Council, but is one where the premise user simply gives notice to the Licensing Authority of the event in question. As a TEN is only the giving of a notice , it is considered a 'light touch' form of authorisation, and the extent to which events can be prevented from proceeding as planned are limited. A TEN can be used to authorise small scale events on a one off or occasional basis involving no more than 499 persons or to add additional licensable activities not covered by the existing premise licence e.g a personal licence holder could add late night refreshment to serve hot food after a quiz.
Premises Licences
A Premises Licence is a permanent licence, which is valid indefinitely, granted in respect of a specific location or premise which authorises the licence holder to carry out any of the above listed licensable activities To maintain the licence, once granted, an annual fee must be paid on the anniversary of the grant of each licence.
Personal Licences
A personal licence authorises an individual to supervise the sale of alcohol where a premise licence is in force. A person wishing to act as a Designated Premises Supervisor (DPS) at the premise MUST hold a personal licence.
Club Premises Certificate
A Club Premises Certificate Club Premises Certificate is a specific type of licence, only available to members clubs. These can be used to carry on the licensable activities mentioned above.
Who can apply?
Any of the following may apply for a premises licence:
- anyone who carries on a business in the premises to which the application relates
- a recognised Club
- a charity
- a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
- a health service body
- a proprietor from an educational institution
- a chief police officer of a force in England and Wales
- an individual may not apply for a premises licence unless they are aged 18 or over.
Key Issues in the Licensing Act 2003
Licensing Objectives
When discharging its functions under the Licensing Act 2003 , a Licensing Authority is required to uphold four equally important licensing objectives, which are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance; and
- the protection of children from harm.
Representation on a licence or seeking a review
A Licensing Act – Representation can be given by residents, businesses,and Responsible Authorities for or against new premises applications, applications to vary a premises licence and club premises certificates. They can also seek a review of a licensed premises if it causing problems. The licensing section will investigate complaints related to licensed and unlicensed premises.
Statement of Licensing Policy
The Licensing Act 2003 (Section 5) requires every Licensing Authority in England and Wales to review and publish a 'Statement of Licensing Policy' every 5 years. This policy sets out how the Council will normally apply its functions when making decisions on relevant applications in respect of premises licences, club premises certificates, personal licences and temporary event notices. Derbyshire Dales District Council expects applicants to consider the contents of the 'Statement of Licensing Policy' when considering and making applications.
The current 'Statement of Licensing Policy' written in 2021 can be seen here Statement of Licensing Policy 2021 -2026 - alcohol, entertainment and late night refreshment
When determining applications and setting out our Statement of Licensing Policy, the Licensing Authority is also asked to consider the Revised Guidance issued under Section 182 of the Licensing Act 2003
Draft Statement of Licensing Policy 2026 -2031
The policy is to be reviewed for 2026 -2031 and the draft policy for consultation can be found here Draft Statement of Licensing Policy 2003 - 2026 -2031 (alcohol, entertainment and late night refreshment)
Any comments are to be received within the Licensing Section by 5.00 pm on Friday 1st August 2025. Any comments received after this time and date will not be accepted.
Responsible Authorities
There are a number of responsible authorities who have powers and duties which relate to alcohol, entertainment and late night refreshment. These are listed here Responsible Authorities - Licensing Act 2003
Fees
Fees for the Licensing Act 2003 are listed here Licensing Act 2003 Fees
