Licence - alcohol and entertainment

If you are supplying or selling alcohol, food and entertainment you will need a licence to comply with the Licensing Act 2003.

Under the Licensing Act 2003 you can apply for:

• Premises licences
• Club premises certificates
• Personal licences (associated with the sale of alcohol)
• Temporary event notices (for occasional events involving less than 500 people)
• Premises licences and club premises certificates (additional information).

To help you understand the terms used under the Licensing Act 2003, please use our Licensing Act 2003 - jargon buster.

We (Derby City Council) are the licensing authority for issuing these licences. We have a Licensing policy document which explains our licensing.

Contents

• The Licensing Policy
• Do I need a licence?
• How much do the licences cost?
• How do I apply for a licence?
• How long does an application for a licence take?
• How do you enforce licensing?
• How do I get permission to hold a street party?
• Is there a Cumulative Policy in place in Derby?
• The Public Register
• Weekly Applications

The Licensing Policy

The Licensing Act 2003 requires us to review our policy every five years. Our current Licensing policy document was approved in December 2010 and will be our Licensing Policy from February 2011 to February 2016.

The four 'licensing objectives' of the Licensing Act 2003 are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm.

Do I need a licence?

Under the Licensing Act 2003 you will need a licence for 'licensable activities'. These are to:

• sell or supply of alcohol
• provide entertainment or entertainment facilities – known as 'regulated entertainment'
• sell hot food or drinks between 11.00pm and 5.00am – known as 'late night refreshments'.

Alcohol

You need a licence to:

• sell alcohol, including in wholesale quantities to the public
• supply alcohol to members of a club.

Regulated entertainment and entertainment facilities

If carried out in front of an audience, you will need a licence for:

• performance of a play
• exhibition of a film
• indoor sporting event
• boxing or wrestling entertainment
• performance of live music
• playing of recorded music
• performance of dance
• any similar entertainment to that of live music, recorded music or dance
• making music
• dancing
• any similar entertainment to making music or dancing.

Late Night Refreshment

You need a licence to provide hot food or hot drink between 11.00pm and 5.00am. Premises could include mobile food sellers, such as a burger van.

How much do the licences cost?

Licensing fees are set by the Licensing Act 2003 and you must send your payment with your application for the licence to be valid.

You can view our Licence and Registration fees 2013-14 They are set by central government in the following way...

• Premises are banded according to their non-domestic rateable value
• Premises with no rateable value are deemed to be in band 'A'
• Ppremises in band 'D' or 'E' that are concerned mainly with the supply of alcohol for the consumption on the premises are subject to enhanced rates
• Additional fees are payable for large capacity premises (5,000 persons and over)
• The initial fee is payable at the time of application
• The application fee is not refundable if the application is withdrawn, or it is unsuccessful
• An annual fee is payable on the anniversary of the licence being granted
• Some exemptions apply for schools, colleges, church halls, chapel halls and community halls.

How do I apply for a licence?

All application forms relating to the Licensing Act 2003 have been prescribed by central government. The forms are available on the following pages...

• Premises licences
• Club premises certificates
• Personal licences (associated with the sale of alcohol)
• Temporary event notices (for occasional events involving less than 500 people)
• Information relating to both Premises licenses and Club premises certificates

You will need to complete the relevant application form. You can complete these online or download and complete by hand.

We may use the information provided for the prevention and detection of fraud. We also share this information for auditing purposes.

How long does an application for a licence take?

The time taken to process an application depends on each individual application. The time period can range from a minimum of one month up to two months, but this could be longer if appeals are made following a committee hearing.

When an application is submitted, a 28 day statutory consultation period will follow. This allows time for local residents, businesses and Responsible Authorities to give their responses to the application - known as 'representations'. This is done by considering the four licensing objectives.

How do you enforce licensing?

The Licensing Section has an Enforcement Policy that explains the approach we take on enforcement of licensing legislation and licence conditions. We also carry out inspections to ensure that standards are maintained at licensed premises.

How do I get permission to hold a street party?

If you are planning to hold a street party, please contact our Constitutional Services Department by telephone: 01332 643650. They will send you an information pack on how to apply for road closures and inform the emergency services.

The Guide for organising street parties will give you information about organising street parties.

Is there a Cumulative Impact Policy in place in Derby?

Yes, there is a Cumulative Impact policy in place in the city. See our Licensing policy document for further details.

The Public Register

The Public Register contains information about existing applications, notices and licences. Contact the Licensing Team for any requests about the Public Register.

Licence applications

Useful forms

• Contact licensing team

Downloads

• Government guide to cumulative impact (word, 135kb)
• Licence and Registration fees 2013-14 (pdf, 75kb)
• Appealing Licensing decisions guidance notes (word, 156kb)
• Mandatory conditions for licensing (word, 116kb)
• Derby and Derbyshire Licensing enforcement protocol (June 2009) (word, 332kb)
• Guidance for applying for a review of club and premises licences (pdf, 171kb)

Useful links

• Film Bank
• Home Office
• Health and Safety Executive
• Licensing Act 2003
• Portman Group - the social responsibility body for alcohol producers
• PPL - music
• PRS for Music
• Derby City Pubwatch
• Police Reform and Social Responsibility Act 2011
• Live Music Act 2012