This Statement of Licensing Policy is intended to meet Cannock Chase District Council's obligations as the Licensing Authority under Section 5 of the Licensing Act 2003, and is developed in accordance with guidance issued by the Secretary of State, under Section 182 of the Licensing Act 2003. ("The Act")
The policy became operational on 7th February 2005 and is reviewed, subject to appropriate consultation, regularly and at least once in every 3 years in order to assure its effectiveness in meeting the licensing objectives.
Cannock Chase District Council (The Council) will carry out the licensing function through its Licensing Policy, with the clear intention of promoting the 4 statutory licensing objectives on an equal basis. These are:
• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm
The Council has approved its Licensing Policy for discharging its functions under the Licensing Act 2003.
- Frequently asked Questions
Q. Do I need a licence?
A. Licensable activities may only be carried on under, and in accordance with, a premises licence, temporary event notice or club premises certificate. If you intend to carry out any of the licensable activities, and unless your activity is covered by one of the exemptions in the Act, you will need one of these three authorisations. It is an offence to carry on any licensable activity without such an authorisation.
Q. What are the activities covered by the Licensing Act?
A. The Act lists four licensable activities, which are regulated by the provisions of the Act.
- The sale by retail of alcohol;
- The supply of alcohol by clubs;
- The provision of regulated entertainment;
- The provision of late night refreshment.
More information about licensable activities can be found on the Department for Culture, Media and Sport (DCMS) website at http://www.dcms.gov.uk/
Q. Does the Act mean 24 hour opening for licensed premises?
A. Not necessarily. We are not promoting 24 hour drinking. The Act leads to flexible, rather than uniform, closing times and allows for the possibility of premises to remain open for up to 24 hours. The actual hours of operation vary from venue to venue depending on the operator's wishes, and the views of people affected, for example residents and businesses. Alongside their application for a premises licence, applicants are required to submit an operating schedule to the local authority, which include the proposed hours of operation. If no relevant representations are made in relation to the application, the licensing authority must grant the application.
In practice this means that, unless relevant representations are made, the operating hours included in the licence are those requested by the applicant. If, on the other hand, relevant representations are made, the licensing authority has discretion on the matter. In determining what opening hours to include in the premises licence, the licensing authority will take into account the relevant representations and will reach its decision on what is necessary with a view to promoting the licensing objectives.
Q. Won't longer opening hours for pubs and clubs lead to more disorder and disturbance to people who live nearby?
A. In the context of premises selling alcohol, research shows that crime and disorder are worst at "chucking out time", when, following a race to drink in excess just prior to last orders, everyone is forced out of pubs and clubs at the same time. This produces conflict and heavy pressure on police resources to keep control. The Government believes that flexible opening hours mean a more dispersed departure of drinkers during the night, thereby reducing this problem and making life more manageable for the police and local residents. The Act also gives local communities a voice in licensing applications, and provide a more effective range of remedies which can be taken against badly run premises.
Q. Where can I find the forms to make an application?
A. The forms can be downloaded free of charge from this website or from the DCMS website. Please note that this authority will not normally provide paper copies of the application forms.
Q. Why do so many copies have to be made?
A. The 2003 Act states that copies of the application form should be sent to 7 designated responsible authorities, which are listed on pages 25 - 26 of our licensing policy. It is intended that this will prevent the duplication of legislation and streamline communication to parties who may have an interest in the application.
Q. How much will it cost?
A. The level of fees have been set by Government and are available on this website or from the DCMS website.
Q. How long will licence last?
A. Personal licences last for 10 years. Premises licences last for the lifetime of the premises, providing that there are no changes to the premises, licence holders or operating schedules etc..
Q Where can I look for help and guidance in understanding the new legislation?
A. Under Section 182 of the Licensing Act 2003 the Secretary of state has issued formal guidance to the licensing authorities, and to the police, on the discharge of their functions. This may also be of use to you and can be found on the DCMS website (see above for address).
Q. Can local authorities depart from the Guidance to reflect local circumstances?
A. The Guidance cannot anticipate every possible set of circumstances. Provided that they have properly understood and considered the Guidance, licensing authorities may depart from it, if they have a legitimate reason to do so. However, as they are under a duty to have regard to the Guidance, they will need to give full reasons for this. This would be a key consideration for the courts should departure from the Guidance result in a scenario which gives rise to an appeal or judicial review.
Q. Why doesn't the policy statement set out standard conditions - e.g. restrictions in residential areas?
A. A statement of licensing policy must not undermine the right of any individual to apply under the terms of the 2003 Act for a variety of permissions and to have any such application considered on its individual merits. If no relevant representations are made either by responsible authorities, (e.g. the police, fire authority), or interested parties (e.g. local residents), the licensing authority must grant the application, subject only to conditions that are consistent with the operating schedule or club operating schedule.
Statements of policy should make clear that a key concept of the 2003 Act is to avoid the imposition of disproportionate and overly burdensome conditions where there is no need for such conditions. Standardised conditions should therefore be avoided and indeed, may be unlawful where they cannot be shown to be necessary for the promotion of the licensing objectives in any individual case. However, it is acceptable for licensing authorities to draw attention in their statements of policy to pools of conditions from which necessary and proportionate conditions may be drawn in particular circumstances.
Q. How can I find my non-domestic rateable value (NDVR)?
A. You can contact the Council offices on 01543 464474 and give them your property reference number, which you will find on any document they have sent you in the past.
The Valuation Office website can also help www.voa.gov.uk
Q. What is the purpose of a personal licence?
A. It authorises an individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence or temporary event notice.
Q. Do all the staff in my pub need to hold a personal licence?
A. No. Other than the designated premises supervisor (DPS), no one is required to hold a personal licence to work in any licensed premises. However, every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Q. How do I qualify for a personal licence?
A. To qualify for a personal licence you must be aged 18 or over; have not forfeited a personal licence within 5 years prior to making the application; have not been convicted of any relevant or foreign offence; and you must possess an accredited licensing qualification.
Q. Should a licensee employ more than one personal licence holder?
A. This is an operational decision for the premises licence holder. Licensees would be well advised to have 2 or more personal licence holders in case a new DPS has to be appointed at short notice, and to allow greater flexibility in fulfilling the requirement for every alcohol sale to be made or authorised by a personal licence holder.
The aim of personal licence training is to ensure licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol. Some licensees may therefore consider it appropriate to have more than one personal licence holder in order to promote one or more of the four licensing objectives. It should be stressed, however, that a personal licence is not a qualification that is associated with business competency, and other forms of training should be considered alongside the personal licence.
Q. How do I obtain the necessary qualification for a personal licence?
A. The Secretary of State has accredited licensing qualifications and the bodies who are able to award these. Details of accredited qualifications and awarding bodies are posted on the Department for Culture, Media and Sport website. The Secretary of State has set common and fair standards for qualifications and awarding bodies by requiring them to be accredited by the Qualifications and Curriculum Authority (QCA) or the Qualifications and Assessment Authority for Wales (ACCAC).
Q. Does there always have to be a personal licence holder/ Designated Premises Supervisor (DPS) on the premises to authorise a sale?
A. There is nothing in the 2003 Act that requires the DPS to be on the premises at all times when alcohol is being sold. However, the DPS should normally be on the premises when it is open and be responsible for the day to day running of the premises as you might expect a licensee to be to be under the current system. What will be essential is that the DPS is contactable; particularly should problems arise with the premises.
The fact that every supply of alcohol must be authorised by a personal licence holder does not mean that only personal licence holders can make such sales, or must be personally present at every transaction. A personal licence holder may, for example, authorise members of staff to make sales of alcohol during the course of an evening. It would be expected that the personal licence holder would be available on the premises, but may be absent at times when transactions take place. However, the personal licence holder will not be able to escape responsibility for the actions of those he authorises to make such sales. Ultimately, it would be for the Courts to determine whether the frequency or length of period of absence meant that the personal licence holder could not in effect, have authorised the sale.
Q. Who can I go to for help and advice?
A. If your question is about the underlying principles of the regime the Department for Culture, Media and Sport, (DCMS), website at http://www.dcms.gov.uk/ and our own website should assist.
If you have specific queries about making, or objecting to, an application, you can contact the Council's Licensing Unit.
- Licensing Act 2003 Fees
Each premises that is licensable will be allocated to a fee band according to rateable value. Please note that exemptions may apply
No rateable value to £4,300 - Band A
£4,301 to £33,000 - Band B
£33,001 to 87,000 - Band C
£87,001 to £125,000 - Band D
£125,001 and above - Band E
Fees payable during transition.
Band A - £100
Band B - £190
Band C - £315
Band D - £450
Band E - £635
Premises applying to vary conditions in relation to the sale of alcohol during transition will be charged a supplementary fee.
Band A - £20
Band B - £60
Band C - £80
Band D - £100
Band E - £120
Annual fee - payable one year after the grant of the licence.
Band A - £70
Band B - £180
Band C - £295
Band D - £320
Band E - £350
A multiplier applied to premises in bands D and E where they are exclusively or primarily in the business of selling alcohol (mainly large town and city centre pubs).
City/town centre pub application fee - D (x 2) =900 - E (x 3) =1905
City/town centre pub annual charge - D (x 2) =640 - E (x 3) =1050
In respect of an application under section 17, section 34, section 71 or section 84 which relates to the provision of regulated entertainment only, no fee shall be payable and accompany the application or temporary event notice where the premises is a school or a college and the provision of regulated entertainment on the premises is carried out by the educational institution for and on behalf of the purposes of the educational institution or the application is in respect of premises that are or form part of a church hall, chapel hall or other similar building or a village hall, parish hall or community hall or other similar building. In addition, no annual fee will apply to these premises.
Exceptionally Large Events
Based on number in attendance at any one time.
Attendance 5,000 to 9,999 - Additional Fee £1,000
Attendance 10,000 to 14,999 -Additional Fee £2,000
Attendance 15,000 to 19,999 - Additional Fee £4,000
Attendance 20,000 to 29,999 - Additional Fee £8,000
Attendance 30,000 to 39,999 - Additional Fee £16,000
Attendance 40,000 to 49,999 - Additional Fee £24,000
Attendance 50,000 to 59,999 - Additional Fee £32,000
Attendance 60,000 to 69,999 - Additional Fee £40,000
Attendance 70,000 to 79,999 - Additional Fee £48,000
Attendance 80,000 to 89,999 - Additional Fee £56,000
Attendance 90,000 and over - Additional Fee £64,000
Personal Licences, Temporary Events and Other Fees
Application for a grant or renewal of personal licence
Temporary event notice
Theft, loss, etc. of premises licence or summary
Application for a provisional statement where premises being built, etc.
Notification of change of name or address
Application to vary licence to specify individual as premises supervisor
Application for transfer of premises licence
Interim authority notice following death etc. of licence holder
Theft, loss etc. of certificate or summary
Notification of change of name or alteration of rules of club
Change of relevant registered address of club
Theft, loss etc. of temporary event notice
Theft, loss etc. of personal licence
Duty to notify change of name or address
Right of freeholder etc. to be notified of licensing matters