Licensing Act 2003

Under the provisions of the Licensing Act 2003, a premises licence is required for any of the following licensable activities

  • Sale or supply of alcohol
  • Performance of a play
  • Exhibition of a film
  • Indoor sporting events
  • Boxing or Wrestling events
  • Performance of live music
  • Playing recorded music
  • Dancing
  • Providing facilities for making music or dancing
  • Supplying hot food or drink between 23:00 and 05:00 am (whether for consumption on or off the premises)

West Somerset Council is the Licensing Authority under the Act and has produced a Statement of Licensing Policy, which explains what factors the Council will take into account when considering an application.  The Policy has been revised in accordance with the Licensing Act 2003 and took effect from 7th January 2008. A copy of the policy can be viewed under related documents on this page.

The Licensing Policy has been based on Guidance supplied by central Government and is based around the four licensing objectives which are:

  • Prevention of crime and disorder
  • Public safety
  • Prevention of public nuisance
  • Protection of children from harm

For further general guidance to the Licensing Act please see the guidance document under related documents on this page.

An annual fee is applicable in respect of Premises Licences and Club Premises Certificates.

Obtaining a licence under the Licensing Act 2003 

 There are four main applications you can make under the Licensing Act 2003.  These are:

  • Premises Licence A premises can be obtained to provide 'Regulated Entertainment' and for the sale and/or supply of alcohol.
  • Club Premises Certificate  A club premises certificate is for 'registered clubs', such as social clubs, sports clubs and political clubs.  A club premises certificate enables the club to sell or supply alcohol and provide 'regulated entertainment' to their members.
  • Personal Licence A personal licence is needed for anyone wishing to be named as a Designated Premises Supervisor (DPS) for the supply of alcohol on a premises licence.  There has to be one person named as this on a premises licence and this person is responsible for the sell and supply of alcohol for that premises. Anyone can hold a personal licence, many premises wish to have more than one member of staff with a personal licence.
  • Temporary Event Notice A Temporary Event notice is a licence which can be obtained for those special 'one off' events.  A temporary event notice needs to be in place for any 'Regulated Entertainment' or the sale or supply of alcohol.
Appeals

If an applicant, responsible authority or an interested party is unhappy with the decision relating to an application under the Act, they can appeal under Schedule 5 of Licensing Act 2003.

Further information on entertainment can be found at the Department of Culture, Media and Sport

Further information on alcohol licensing can be found at the Home Office website.