Amended guidance issued under section 182 of the Licensing Act ...

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3. Licensable activitiesSUMMARY3.1 A premises licence authorises the use of any premises (see Chapter 5) for licensableactivities. Licensable activities are defined in section 1 of the 2003 Act, and a fullerdescription of certain activities is set out in Schedules 1 and 2 to the 2003 Act.3.2 The licensable activities are:• the sale by retail of alcohol;• the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club;• the provision of regulated entertainment; and• the provision of late night refreshment.WHOLESALE OF ALCOHOL3.3 The wholesale of alcohol to the general public is licensable under the 2003 Act inaccordance with the definition of “sale by retail” in section 192 of this Act. This sectionmakes clear that, to be excluded from the meaning of “sale by retail”, a sale must be:• made from premises owned by the person making the sale, or occupied under a lease withsecurity of tenure; and• for consumption off the premises.3.4 In addition, to be excluded, they must be sales which are made to:• a trader for the purpose of his trade (including, for example, another wholesaler);• to a club for the purposes of that club;• to a holder of a premises licence or a personal licence for the purpose of making salesunder a premises licence; or• a premises user who has given a temporary event notice, for the purpose of making salesauthorised by that notice.3.5 If an employee were buying alcohol as an “agent” for their employer and for the purposesof their employer’s trade (i.e. selling alcohol), this could be treated as a sale to a trader. If,however, an employee were buying for the employee’s own consumption, this would be aretail sale, and would require a licence.3.6 The same considerations apply in the case of caterers who supply alcohol to theircustomers. Where the caterer purchases the alcohol from a wholesaler and then sells thisAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200319
alcohol to its customer, an authorisation will be required at the location where the retailsale of the alcohol is made (likely to be the caterer’s own premises). If the customer wasproposing to sell the alcohol under an authorisation, it is the customer who would needan authorisation under the 2003 Act. In this case, the exemption under the 2003 Act mayapply to the sale made by the caterer.3.7 A person cannot sell alcohol from a vehicle or moveable structure at a series of differentlocations (e.g. house to house), unless there is a premises licence in respect of the vehicleor moveable structure at each location at which a sale of alcohol is made in, on or fromit. In all cases where an alcohol sale is made on licensed premises, every sale from thepremises must be made or authorised by a personal licence holder.INTERNET AND OTHER DELIVERY SALES3.8 The sale by retail of alcohol is a licensable activity and may only be carried out inaccordance with an authorisation under the 2003 Act. This applies to sales of alcohol maderemotely. These include sales made online, by telephone and mail order sales, and alcoholdelivery services. Each of these sales must comply with the requirements of the 2003 Act.3.9 The place where the order for alcohol or payment for it occurs may not be the same asthe place where the alcohol is appropriated to the contract (i.e. the place where it isidentified and specifically set apart for delivery to the purchaser). Section 190 of the 2003Act provides that the sale of alcohol is to be treated as taking place where the alcoholis appropriated to the contract. It will be the premises at this location which need to belicensed; for example, a call centre receiving orders for alcohol would not need a licence butthe warehouse where the alcohol is stored and specifically selected for, and despatched to,the purchaser would need to be licensed. These licensed premises will, as such, be subjectto conditions including the times of day during which alcohol may be sold. The premiseslicence will also contain mandatory licence conditions.3.10 Persons who run premises providing ‘alcohol delivery services’ should notify the relevantlicensing authority that they are operating such a service in their operating schedule. Thisensures that the licensing authority can properly consider what conditions are appropriate.Premises with an existing premises licence, which choose to operate such a service inaddition to their existing licensable activities, should therefore apply to vary their licence toadd this activity to their existing licensable activities.REGULATED ENTERTAINMENT3.11 Schedule 1 to the 2003 Act, sets out what activities are to be treated as the provision ofregulated entertainment (entertainment and entertainment facilities) and those that are notand are therefore exempt from the regulated entertainment aspects of the licensing regime(including incidental music – see paragraphs 15.13 to 15.16 below). Chapter 15 of thisGuidance document sets out the types of entertainment regulated by the 2003 Act.20 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
Page 4: Contents1. Introduction............
Page 7: LICENSING POLICIES1.11 Section 5 of
Page 11 and 12: 2.10 A condition must also be capab
Page 13 and 14: • Ensuring appropriate and freque
Page 15 and 16: SAFE CAPACITIES2.28 “Safe capacit
Page 17 and 18: 2.38 Measures to control light poll
Page 19: 2.49 The 2003 Act provides that, wh
Page 25: --have given an objection notice be
Page 28 and 29: 4.26 Only one DPS may be specified
Page 32 and 33: y the licence, it would be necessar
Page 34 and 35: to the statutory conditions in resp
Page 36 and 37: VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 42 and 43: 7. Temporary event notices (TENs)7.
Page 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71:
9.5 It is for the licensing authori
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may (in a case where it has applied
Page 74 and 75:
HEARINGS9.27 Regulations governing
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considered on a case-by-case basis.
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CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82:
10.27 Licensing authorities may wis
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prohibit a number of types of drink
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10.50 The following factors should
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alcohol included in it or not targe
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10.70 As well as making the drinks
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11. ReviewsTHE REVIEW PROCESS11.1 T
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11.12 If the application for a revi
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11.22 For example, licensing author
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• for unlawful gambling; and• f
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LICENSING POLICY STATEMENTS AND SEC
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13. Statements of licensing policy1
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13.12 Statements of policies should
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EVIDENCE OF CUMULATIVE IMPACT13.23
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EFFECT OF SPECIAL POLICIES13.29 The
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• Police enforcement of the gener
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the 2003 Act and any licence or cer
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PROMOTION OF EQUALITY13.59 A statem
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14. Suspension for non-payment of f
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15. Live music and regulated entert
Page 119 and 120:
audience and are provided to, at le
Page 121 and 122:
SPONTANEOUS MUSIC, SINGING AND DANC
Page 123:
Published by TSO (The Stationery Of
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