Licensing Act 2003
The Licensing Act 2003
Statement of Licensing Principles
Under Section 5 of the Licensing Act 2003, Pendle Borough Council, as the Licensing Authority, produces a Statement of Licensing Principles (Policy) every five years. When carrying out functions under the Licensing Act 2003, the Council’s Licensing Committee must consider this Statement.
Licensing Act 2003
The Licensing Act 2003 is a single license scheme for premises which:
- supply alcohol
- provide regulated entertainment
- provide late night refreshment
We operate according to four licensing objectives, to make sure that licensable activities are carried out in the public interest:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Key features of the act are:
- flexible opening hours for premises
- consideration of the impact of opening hours on local residents and businesses
- a single premises licence authorising premises for multiple licensing activities
- personal licences relating to the supply of alcohol premises licences issued by licensing authorities after notification and scrutiny of all applications by the police and other authorities
- local residents and businesses having the right to make representations about applications
- personal licences issued by licensing authorities after scrutiny by the police, where the applicant has been convicted of certain offences
Part 7 of the Licensing Act 2003 outlines many of the general offences contained within the legislation, and is split into six distinct areas:
- unauthorised licensable activities
- drunkenness and disorderly conduct on licensed premises
- smuggled goods
- children and alcohol
- vehicles and trains
- false statements
Crime and disorder
The Act also has an important role in the prevention of crime and disorder and public nuisance, while giving people more freedom and choice in their leisure time.
The act allows licence applicants to appeal against licensing authority decisions and allows anyone who has made a relevant representation to an application to appeal against decision.
For example a landlord could appeal against conditions attached to a licence, while a local resident or interested party who had made a relevant representation could appeal against the licence being granted at all.
Interested parties - including local residents - can request a review of a particular premises licence, when problems occur which are related to the licensing objectives. Following the review, we can consider a range of responses such as suspending or revoking the licences, excluding certain licensable activities or changing conditions attached to a licence. However, it can only take these actions where they are necessary to address the problem and promote one or more of the four licensing objectives.