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: 123Kb / 1 page) and such individuals must have a Personal Licence (PDF: 134Kb / 2 pages). The only exception to the requirement for a Designated Premises Supervisor is for community premises in respect of which a successful application has been made to disapply the usual mandatory conditions. For guidance, see Removal of Requirement for Designated Premises Supervisor (PDF: 196Kb / 4 pages)
Applicants for premises licences and club premises certificates must advertise the application on the premises and in a local newspaper to allow any person to make representations and they must submit a copy of their application to each of the Responsible Authorities (PDF: 158Kb / 2 pages)
Live Music Act 2012
Under the Live Music Act 2012, which came into effect on 1 October 2012, live unamplified music ceases to be classed as regulated entertainment and any live music related conditions are disapplied provided the following criteria are satisfied:
- there is a premises licence or club premises certificate in place permitting 'on sales';
- the premises are open for the sale or supply of alcohol for consumption on the premises;
- live music is taking place between 8am and 11pm;
- if the live music is amplified, the audience consists of no more than 200 people.
The Act also creates a general exemption that live unamplified music provided anywhere shall not be regarded as the provision of regulated entertainment if it takes place between 8am and 11pm, regardless of the number of people in the audience.
Where a premises licence or club premises certificate permits live music beyond 11pm, any related conditions on the licence will still be applicable after that time.
The Act also removes the need to license entertainment facilities. This means that facilities such as dance floors, microphone stands and pianos made available for use by the public are not licensable from 1 October 2012.
Licensing Policy
Eden's Statement of Licensing Policy (PDF: 289Kb / 43 pages)which was approved by Council on 25 November 2010 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)
Fees
A fee 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 unless they have a licence authorising the sale of alcohol, in which case 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 are available to download from this 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.
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.
Online Register
Applications against which Representations may be made
| Name of applicant |
Address of premises to which the application applies |
Type of application |
Licensable activities requested |
Date by which representations may be made |
| No applications at present |
|
|
|
|
Applications can be viewed at Town Hall between the hours of 10am to 4pm, Monday to Friday. Details of applications are also available on our online register above.
Any person or responsible authority intending to make representations on an application should submit them in writing by the date shown above to: The Licensing Section, Eden District Council, Town Hall, Penrith, CA11 7QF, or by emailing to: admin.licensing@eden.gov.uk Comments may also be made using the licensing applications online comments form
It is an offence knowingly or recklessly to make a false statement in connection with an application for which you may be liable to a fine not exceeding level 5 on the standard scale on summary conviction.
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 212273
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Fax: 01768 890470
