Applications for licences under the new Licensing Act can now be made as from the 7^{th February 2005 (the First Appointed Date). This web-site will be maintained to keep abreast of developments as and when they happen.}

The current plethora of licences and permissions will be simplified  a Premises Licence in the case of pubs, clubs, hotels, cinemas, off licences, supermarkets, takeaways, village halls, community centres and similar premises; a Club Premises Certificate in the case of private members clubs; a Personal Licence for individuals working in premises selling alcohol; and a Temporary Event Notice for exactly that, a temporary event.

There are three activities that attract the need for a licence:

1.  the sale or supply of alcohol,

2.  the provision of regulated entertainment, such as music and dancing and;

3.  the sale of hot food after 11.00 p.m. but before 5.00 a.m.

A personal Licence is required only where alcohol is sold. Not everyone selling alcohol needs a personal licence but it is likely that someone involved in the business or operation will.

Temporary Event Notices apply in the case of occasional events involving less than 500 people. In such cases, a licence would not be required but the organiser would have to serve notice on the District Council and there will be certain limitations on the duration and number of events.

As from the 7 February 2005 ( the First Appointed Date ) all existing premises that currently possess an alcohol licence, club certificate, Public Entertainment Licence, Cinema Licence or Theatre Licence will have the opportunity of converting those into a Premises Licence or Club Premises Certificate. Similarly holders of an alcohol licence will have the same opportunity of conversion into a Personal Licence. Existing licensees will have six months to convert their existing licences.

In the meantime new premises or premises not currently licensed, such as takeaways, will need to make applications under the new Act as from the 7th February and these will need to be processed and determined before a date known as the second appointed date which, at the moment is proposed to be in November 2005.

Those affected will need to take action after the 7th February 2005.

These notes are correct as of January 2005

The new system will replace all existing licences and permissions relating to the following:

1. 1. The sale or supply of alcohol

2. 2. The provision of certain entertainment, including music and dancing

3. 3. The supply of late-night refreshment

Under the Licensing Act all of these activities are going to be covered by the same licence and that licence will be tailored to the specific nature of those premises by means of operating conditions. In effect the same licence will permit the sale of alcohol and the provision of music and dancing for example. No longer will you need two or more separate licences. This new licence is known as a Premises Licence.

All premises that currently have a licence or permission that permit any of the three activities above, such as an alcohol licence, Public Entertainment Licence, Theatre Licence, Cinema Licence can be converted into a Premises Licence. Your new Premises Licence would consolidate all your existing permissions into a single licence and permit you to operate in exactly the same way as you already do. Follow this link to the Transition procedure for more details on conversion.

Unlike the present system, the Premises Licence does not require renewal on an annual or three yearly basis. It lasts as long as the premises continue to operate. However, as well as an initial application fee, the Licensing Authority will require an annual fee. There will also be fees for various applications to licences such as variations and transfers. All fees are set by Central Government. Follow this link to the section on Fees.

Similar to a premises licence but with some important differences is a Club Premises Certificate. This essentially permits the supply of alcohol and provision of music and dancing for example in qualifying club  A qualifying club is described in the Act but essentially is where 2 days elapses before privileges of membership become available, at least 25 members and alcohol is only supplied to members on the premises for the benefit of the club. Again the Act does permit the conversion of an existing club certificate into a Club Premises Certificate.

Those people who are involved in the running of premises selling alcohol may need a Personal Licence. This is a licence for an individual and unlike the current system is not linked to any specific premises. It is a portable licence and irrespective of which Licensing Authority awarded it can be used throughout the country. There are opportunities to convert, again existing alcohol licences to Personal Licences under the Act. Obtaining a Personal Licence will simply require a criminal record check and the attainment of a minimum qualification, to be specified. Personal Licenses will last 10 years after which it will need to be renewed. Premises not selling alcohol, even if they provide entertainment will not need to concern themselves with Personal Licences.

Temporary events which at the moment are covered by an occasional licence or permission granted by the licensing justices or an occasional public entertainment

licence, will be largely covered by a different type of authority to be known as a Temporary Event Notice ( TEN ). This is not a licence or permission but a right to certain people, which is removable only by an active objection by the police. This means that in the vast majority of occasions there will be no need for a hearing or formal application as such. Anyone wishing to run such an event will simply notify the Licensing Authority and the Police and pay a fee. Only the police can object and if they choose not to then the event can proceed.

First Appointed Date and Second Appointed Date

The first appointed date is the date from which applications to convert existing licences can be made and this is the 7 February 2005. Existing licensees will have six months to apply to convert their licences.

After this date new applications can also be made for premises licence, club premises certificates and personal licences. However all new licences and converted licences will not actually come into force until a second date to be announced by Central Government. This date is known as the second appointed date. At the moment it is anticipated that the second appointed date will be in November 2005.

It is important to realise that as new licences will not be effected until the second appointed date new premises will have to apply for permissions under the existing system e.g. alcohol licence via Magistrates and Entertainment Licence via the District Council.

Within the Vale the Licensing Authority is Aylesbury Vale District Council and within the Council, licensing applications and enquiries are dealt with by the Environmental Health and Licensing Department. Whilst the Act has delegated many of the processing requirements to officers of the Council, the licensing strategy and determination of disputed applications is in the hands of particular Council Members.

Aylesbury Vale District Council has set up a Licensing Committee made up of 15 District Councillors. Current membership of the committee can be viewed on the

web-site. The Act requires the Licensing Authority to publish a Statement of Licensing Policy. The policy has to, amongst other things describe how the authority will promote the four licensing objectives and set out its general approach to dealing with applications and ensuring synergy with other Council initiatives and strategies. The Statement of Licensing Policy can be viewed on the Council's web-site. The policy will be kept under review and in any event thoroughly reviewed within 3 years. All of those concerned with applications should make themselves aware of the Council's Licensing Policy.

Uncontested applications will be determined by officers of the licensing team and issued under the authority of the Head of Service for Environmental Health and Licensing. Where representations have been received the application will be brought before a Licensing Sub-Committee made up of 3 Members from the Licensing Committee. The hearing will be in a set format as set out by Regulations.