Under the Licensing Act 2003 which came into full effect on 24 November 2005 a single integrated system was introduced throughout England and Wales regulating:
- the sale by retail of alcohol
- the supply of alcohol in a club
- the provision of entertainment
- the provision of late night refreshment
These licensable activities may only be carried on under, and in accordance with, one of the following:
Every premises where alcohol is supplied under the authority of a premises licence requires a Designated Premises Supervisor (PDF: 74Kb / 1 page) and such individuals must have a Personal Licence (PDF: 41Kb / 2 pages).
Applicants for premises licences and club premises certificates must submit a copy of their application to each of the Responsible Authorities (PDF: 41Kb / 2 pages) and must also advertise the application on the premises and in a local newspaper to allow residents and businesses in the vicinity the opportunity to make representations.
Licensing Policy
Eden's Statement of Licensing Policy (PDF: 461Kb / 88 pages), approved by Council on 16 December 2004, details the normal policy that Eden will take into account when making licensing decisions. Guidance has also been issued by the Secretary of State. When submitting their application, applicants will have to consider the policy and guidance. Applicants should show how they will help Eden to achieve the Government's four licensing objectives which are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
That guidance also encourages licensing authorities to work in partnership with others and recommends that they establish protocols on enforcement issues to ensure that premises and personal licence holders promote the licensing objectives and comply with the law. A commitment to that effect was contained in the Licensing Policy and, in 2006, the responsible authorities and licensing authorities in Cumbria agreed a Joint Enforcement Protocol (PDF: 247Kb / 10 pages)
The Council is currently undertaking a review of its Statement of Licensing Policy and the new policy, which has been prepared by co-operation with each of the other Cumbrian Councils, will be implemented by January 2011. As part of the review, the Council consults with a range of organisations and responsible bodies and gives residents and businesses in the Eden area the opportunity to comment on the draft policy. The consultation period runs from 26 July 2010 to 18 October 2010 and the draft policy is available below - for ease of reference, the amendments are shown in red. Any comments should be submitted in writing by 18 October 2010 to John Bell, Licensing Officer, Eden District Council, Town Hall, Penrith, CA11 7QF, email admin.licensing@eden.gov.uk using the Response Form (Word: 62Kb / 1 page)
Draft Statement of Licensing Policy (PDF: 278Kb / 44 pages)
Fees
A fee, which has been set by central government, is payable upon application for a premises licence and club premises certificate and this is followed by an annual maintenance fee. It is based on the non-domestic rateable value of the premises, which is not the same as the amount of non-domestic rates payable each year. Community centres and village halls are normally exempt from this fee. However, in the case of village or public halls which are selling or supplying alcohol at events, a fee will be payable. The cost of a Personal Licence is £37. A full breakdown of the licence fees can be found in the Guidance Document GD02 (PDF: 45Kb / 2 pages).
Application Forms and Guidance Documents
All application forms and guidance documents relating to the Licensing Act, including a list of Frequently asked Questions (PDF: 63Kb / 9 pages), are available to download from this website. Application forms and other information may also be obtained from the Department of Culture, Media and Sport website.
Disclosure forms in relation to new personal licence applications can be obtained from Disclosure Scotland (0870 609 6006) and can be completed on line. Alternatively, these can be obtained from the Licensing Team.
Licensee Newsletters
Newsletters are sent out to all licensees at regular intervals to provide them with useful information and keep them up to date with changes in legislation etc. Copies of these Newsletters may be downloaded from our website.
Licensing Register
The Council is required by law to maintain a register containing details of various licences, certificates, notices and applications it has received and issued. This register can be viewed online or can be viewed at the Town Hall, Penrith during normal office hours. If you notice any apparent error or omission in the register, or if you have any query about it, please contact a member of the Licensing Team.
For further information
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Contact: Licensing Team, Town Hall, Penrith, CA11 7QF
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Office Hours:
Monday to Thursday 8.45am to 5.15pm
Friday 8.45am to 4.45pm
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Email: admin.licensing@eden.gov.uk
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Telephone: 01768 212148 or 01768 212209 or 01768 212273
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Fax: 01768 890470
