The Licensing Act 2003 brought about a fundamental change in licensing law, it unified several licensing regimes that regulated the sale and supply of alcohol, provision of regulated entertainment, and provision of late night refreshment
The Licensing Act 2003 came into force on 24th November 2005, moving the responsibility for licensing premises from Magistrates’ Courts to Local Authorities (Licensing Authority). It replaced all Justices Licences and all licences that covered public entertainment, theatre, cinema and late night refreshment with a single premises licence.
The Licensing Act 2003 requires the Licensing Authority to carry out its duties with a view to promoting four licensing objectives of the Act. These duties would include processing applications to enforcement.
The four licensing objectives are
- Prevention of crime and disorder
- Protection of public safety
- Prevention of public nuisance
- Protection of children from harm
Under the Licensing Act 2003 there are 3 licences
- Premises Licence
- Club Premises Certificate
- Personal Licence
A Premises Licence (Club Premises Certificate for registered clubs) is required for any premise that is to hold one or more licensable activity covered by the Licensing Act 2003.
Licensable activities covered by the Licensing Act 2003 are as follows:
- Performance of a play
- Exhibition of film
- Indoor sporting event
- Boxing or wrestling
- Live music
- Recorded music
- Performance of dance
- Entertainment of a similar description to that falling within (i) of (j)
- Late night refreshment – The provision of hot food or drink between 11pm and 5am
- Sale or supply of alcohol
All premises licences authorising the sale or supply of alcohol, must have an identified personal licence holder known as the designated premises supervisor (DPS). This does not include registered clubs with a Club Premises Certificate. The DPS will be responsible for the day-to-day running of the premises and all supplies of alcohol under a premises licence must be made by or under the authority of a personal licence holder. There may be more than one personal licence holder at one premises but there can only be one designated premises supervisor.
The Licensing Act 2003 can be viewed by visiting the Office of Public Sector Information website. (OPSI)
Premises Licence/Club Premises Certificate
To apply for a Premises Licence/Club Premises Certificate applicants must complete an application. Once the application form has been completed.
Applicants must then: -
- Send complete copies of the application including a plan of the premises to all Responsible Authorities (see link below).
- Advertise the application in the local press for the area of the premises as follows: -
Rhondda Leader ; Treorchy, Pentre, Tonypandy, Porth, Ferndale
Pontypridd Observer ; Pontypridd, Pontyclun, Taffs Well
Cynon Valley Leader Aberdare, Mountain Ash
Display a notice at the proposed premises outlining the application. (Copy of the notice will be in the application pack)
There will be a 28-day consultation period for all representations to the application to be made. Any of the responsible authorities and any interested parties such as local residents may make representations to the application.
Once a premises licence is granted it will not be required to be renewed, however an important safeguard of the Licensing Act 2003 is that, at any time, a premises licence can be called for review by any responsible authority or interested party at any time if they make a valid request.
Any representations about the grant of a licence or grounds for a review of a licence should relate to the licensing objectives.
For more information on how to make a representation or call a licence for review please contact us on the details below.
To apply for a personal licence applicants must complete the application form using the guidance notes provided in the pack, which can be obtained by contacting us on the details below.
Once the application form has been completed, it should be returned to our offices along with :-
- 2-colour passport type photographs taken within the last month (Endorsed as a true likeness by a solicitor or notary, a person of standing in the community or any individual with a professional qualification).
- An accredited personal licence qualification
- A basic criminal record check.
- The required fee of £37.00
Applications will not be accepted without production of the above (we will accept applications by post).
The Secretary of State has accredited 3 personal licence qualifications under the Licensing Act 2003. They are
- BIIAB Level 2 National Certificate for Personal Licence Holders, QCA. Accreditation Number 100/4866/2
- GOAL Level 2 National Certificate for Personal Licence Holders, QCA. Accreditation Number 100/4865/0
- GQAL Level 2 National Certificate for Personal Licence Holders, QCA. Accreditation Number 100/5040/1
Further information on these qualifications are available on the following contact details - BIIAB 01276 684449, GOAL 08707 202909, GQAL 01305 786639.
Basic criminal record checks can be obtained from Disclosure Scotland for further details call their number 0870 6096006.
Before a licence is granted the applicant must satisfy the Licensing Authority that they:
- are over 18 years old
- have not forfeited a personal licence in the previous five years beginning with the day the application was made
- have not been convicted of any relevant offence, or foreign offence as defined in the Act
The Licensing Authority will liase closely with the Police when an applicant is found to have an unspent conviction for a relevant offence as defined in the Licensing Act 2003. Where an applicant for a personal licence has an unspent criminal conviction for a relevant offence, the Police and Licensing Authority may wish to interview the applicant should the Police be minded to object to the grant of the licence.
Temporary Event Notice
The Licensing Act 2003 introduced a system to allow small-scale events to take place at any premises with out a premises licence or designated premises supervisor, called Temporary Event Notice (TEN).
A TEN can cover small events involving no more than 499 people at any one time, and can last for up to 168 hours.
To apply for a TEN the event organiser will need to complete an application form and serve two copies to the Licensing Authority and one copy to South Wales Police and Environmental Health Officer. There are two types of TEN's, a Standard TEN - given no later than 10 working days before the event to which it relates. A Late TEN - which is given before 9 & not later than 5 working days before the event.
No more than 12 TEN’s can be given for one premises per calendar year, subject to the maximum aggregate duration covered by the TEN’s of 15 days per calendar year.
Any one aged 18 or over can apply for a TEN but may only have 5 per calendar year. A personal licence holder may have up to 50 Tens per calendar year.
Application forms and more information on the Licensing Act 2003 can be obtained by visiting the gov.uk Culture, Media and Sport web site or contacting us on the details below:
Dinas Isaf East
Telephone: 01443 425001
Fax: 01443 425301
We look forward to receiving your application and if you have any difficulty with any of the forms or have any questions, please don’t hesitate to contact us. Alternatively you may wish to seek your own independent legal advice.
Licensing Act 2003 – Fees and Charges
The following fees have been published by the Department of Culture, Media and Sport.
Payments can be made by cheque made payable to "Rhondda Cynon Taf County Borough Council", or in person by cash or credit/debit card.
Details of the Package
Premises, Qualifying Club application and annual fees – each premises that is licensable will be allocated to a fee band according to rateable value.
If there is no rateable value applicable, Band A will be charged. (e.g. Mobile Traders)
|No rateable value to £4,300
|£4,301 to £33,000
|£33,001 to £87,000
|£87,001 to £125,000
|£125,001 and above
Each band attracts a different level of application fee – payable during transition.
Premises Licence/Qualify Club Fees:
Qualify club fee's
|Rateable value bands||A||B||C||D||E|
|Main Application Fee
|Main Annual Charge
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).
Fee's for businesses selling alcohol
|Band||D (x 2||E (x 3|
|City / town centre pub application Fee
|City / town centre pub annual charge
Payment to vary conditions (relates to alcohol only) during transition.
Premises applying to vary conditions in relation to the sale of alcohol during transition will be charged a supplementary fee, according to their fee band
|Rateable value bands||A||B||C||D||E|
Each band attracts a different level of annual fee – payable one year after the grant of the licence.
Additional Fee; Premises Capacity 5000+ or
Exceptionally Large Events
The Licensing Authorities will also be able to charge an additional premises fee for exceptionally large events:
|Number in attendance at any one time||Additional fee|
|5,000 to 9,999 £1,000
|10,000 to 14,999 £2,000
|15,000 to 19,999 £4,000
|20,000 to 29,999 £8,000
|30,000 to 39,999 £16,000
|40,000 to 49,999 £24,000
|50,000 to 59,999 £32,000
|60,000 to 69,999 £40,000
|70,000 to 79,999 £48,000
|80,000 to 89,999 £56,000
|90,000 and over £64,000
No fee is payable if the application rates to regulated entertainment only
and the premesis
- Educational institution (School / College)
- Church / Chapel / Village Halls, Community Centres or other similar building.
Personal Licences, Temporary Events and Other Fees
The Licensing Authorities will also be able to charge other fees in relation to their duties, most notably for temporary events and personal licences
Personal Licences, Temporary Events and Other Fees
|Application for a grant or renewal of personal licence||£37|
|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