About the Licensing Act 2003
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
For further information, see the Licensing Act 2003 on legislation.gov.uk
These licensable activities may only be carried on under, and in accordance with, one of the following:
There has been considerable deregulation since the Licensing Act 2003 came into force. This has been brought about by the Live Music Act 2012, the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013, the Legislative Reform (Entertainment Licensing) Order 2014 and the Deregulation Act 2015. Our guidance document on Regulated Entertainment and Exemptions (PDF: 108Kb / 4 pages) gives details of what activities are regarded as the provision of regulated entertainment and when they are licensable and those which are exempt.
Every premises where alcohol is supplied under the authority of a premises licence requires a Designated Premises Supervisor (PDF: 57Kb / 1 page) and such individuals must have a Personal Licence (PDF: 74Kb / 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: 150Kb / 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: 63Kb / 2 pages).
Additional mandatory conditions
Sections 19A and 73B of the Licensing Act 2003 provide for up to nine additional mandatory conditions to be prescribed by order. These conditions do not have to be physically included in the licence or certificate, but will apply to every licence and certificate authorising the sale or supply of alcohol. They override any pre-existing conditions already included in a licence or certificate insofar as the mandatory conditions are identical to, or inconsistent with, or more onerous than, any pre-existing conditions. There are currently five such conditions prescribed which relate to irresponsible promotions, provision of free potable water, adoption of an age verification policy, small measures and prohibition on sales of alcohol below the permitted price. Full details of the conditions may be read in the Licensing Act 2003 Additional Mandatory Conditions (PDF: 80Kb / 4 pages).
Following a review of its licensing policy in 2015, Eden's Statement of Licensing Policy (PDF: 408Kb / 38 pages) was approved by Council on 3 December 2015. It details the normal policy that we will take into account when making licensing decisions. Guidance has also been issued by the Home Office. When submitting their application, applicants will have to consider the policy and guidance. Applicants should demonstrate how they will help promote the 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).
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: 134Kb / 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. Apply online for a basic disclosure in relation to personal licence applications. Alternatively, request an application form from the Licensing Team.
We are required by law to maintain a register containing details of various licences, certificates, notices and applications we have 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.
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 current applications|
Applications can be viewed at the 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,
Penrith CA11 7QF
or by emailing to: firstname.lastname@example.org
Comments may also be made using the licensing applications online comments form.
It is an offence to knowingly or recklessly make a false statement in connection with an application for which a person is liable on summary conviction to an unlimited fine.