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Premises licence and club premises certificate

Yes, If you have the ‘sale’ or  ‘supply’ of alcohol on your premises licence or club premises certificate these Mandatory Conditions will be added to your licence.

Yes, If you have ‘an exhibition of a film’ on your premises licence or club premises certificate these Exhibition of films - mandatory conditions will be added to your licence.

When any new mandatory conditions become law, they will apply to your licence and will be enforceable even if they are not actually written on the licence.

Please see the Explanation of mandatory condition introduced on 6 April 2014.

All events, including those in aid of charity, must meet recognised safety standards. An event organiser is responsible under the law for the safety of everyone at the event, including the public, employees and volunteers. Information and guidance on planning an event can be found on the Derbyshire Prepared website.

On 1st October 2012 the Licensing Act 2003 was amended by the Live Music Act 2012.

From this date live music is suspended as regulated entertainment if:

  • there is a premises licence or club certificate permitting 'on sales'
  • the premises are open for the consumption on the premises
  • live music is taking place between 08.00 and 23.00

And for:

  • if the live music is amplified the audience must consist of no more than 500.

Live music includes vocal and instrumental and karaoke singing.

The amendment also creates a general exemption that live unamplified music which takes place between 8am and 11pm, regardless of the size of the audience, shall NOT be classed as the provision of regulated entertainment.

Some specific types of premises or events hosted by certain organisations have other exemptions, these are outlined Exemptions for premises licence and club premises certificates.

This would be no longer deregulated activity and would require prior authorisation (for example a premises licence).

You must comply with the audience limits to the specific individual activities.

An audience in excess of the limit would mean that the performance is a licensable activity. It would be an offence under the Licensing Act 2003 for such an event to continue without an appropriate licence. Where the organiser of an event can foresee that it might attract an audience of more than the prescribed limit and in circumstances where it may be difficult to restrict entry, then the event organiser should consider whether to obtain a licence, or giving a temporary event notice, to avoid breaching licensing laws.

It would be up to organisers to determine how to ensure that audience numbers for their event do not exceed the maximum permitted. If an activity is licensable because the number of people in the audience exceeds statutory limits, it will be a criminal offence to carry on that activity without prior authorisation. You may need to apply for a premises licence or obtain a temporary event notice.

Anyone involved in the organisation or provision of entertainment activities - whether or not any such activity is licensable - must comply with any applicable duties that may be imposed by other legislation for example crime and disorder, fire, health and safety, noise, nuisance and planning.

Once a valid request has been received, we must advertise the request by posting notices:

  • at the site
  • at our offices (our reception).

During the following 28 days, the licence holder, a responsible authority or an interested party may make representations to us regarding the review. 

We must hold a hearing to determine what action should be taken.

The possible outcomes are:

  • do nothing
  • modify the conditions
  • exclude a licensable activity
  • remove the Designated Premises Supervisor
  • suspend the licence for up to three months
  • revoke the licence.

If we decide to reject the review application we may issue an informal warning to the licence holder and/or recommend improvement within a particular period of time.

We must notify the licence holder, the applicant for the review, any person or body who made a representation and the Chief Officer of Police of the outcome of the review. The outcome of the review will not begin to take affect until at least 21 days after the decision is notified, to allow for any appeal to be made to the Magistrates' Court.

A request for a review must be based on the four licensing objectives.

It must be made on the review application form and the applicant must send a copy of the application to the holder of the licence and all the responsible authorities on the same day as the application is sent to us. 

Complete the Review of licence form.

Once a premises licence or club premise certificate is in operation, a responsible authority or an interested party may request a review.