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) provides guidance on what activities may be considered to be 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. 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).
Alcohol wholesaler registration scheme (AWRS)
From 1 April 2017, businesses which sell alcohol (for example, retailers of alcohol and trade buyers) will need to ensure that the UK wholesalers that they buy alcohol from have been approved by HMRC under the Alcohol Wholesaler Registration Scheme (AWRS).
They will need to check their wholesalers Unique Registration Number (URN) against the HMRC online database.
Business and Planning Act 2020
The Business and Planning Act 2020 came into force on 22 July 2020 and its aim is to make it easier for businesses to make use of outdoor space for dining and the sale of alcohol. It includes a new off-sales permission to allow off-sales to be made at a time when the licensed premises are open for the purpose of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier. Measures also temporarily suspend existing licence conditions in so far as they are inconsistent with the new off-sales permission. Guidance on the new legislation and its implications is available on the Government website.
Section 5 of the Licensing Act 2003 requires a licensing authority to determine its licensing policy for a 5-year period with regard to the exercise of its functions under the Act and to keep the policy under review. Following a review of the policy in 2015, Eden's Statement of Licensing Policy (PDF: 408Kb / 38 pages) was approved by Council on 3 December 2015 and published for the period 7 January 2016 to 6 January 2021. In exercising its functions, the authority must seek to promote the 4 licensing objectives which are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Guidance is also issued to licensing authorities under section 182 of the Act. That guidance 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 is contained in the policy and, in 2006, the responsible authorities and licensing authorities in Cumbria agreed a Joint Enforcement Protocol (PDF: 247Kb / 10 pages).
Consultation on revised licensing policy
The Council is currently undertaking a review of its Statement of Licensing Policy and the revised policy will be implemented on 7 January 2021. 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 which has been amended to reflect legislative changes since the last policy review. These changes relate to the right to work in the UK and powers for licensing authorities to suspend or revoke a personal licence when the holder has been convicted of a relevant offence. The consultation period runs from 23 July 2020 to 15 October 2020 and the draft policy showing the tracked changes is available below. Any comments should be submitted in writing by 15 October 2020 to the Licensing Office or email firstname.lastname@example.org using the response form below.
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. The rateable value of premises may be checked on the Government website. 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. 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. 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. View our online licensing 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 / nature of application||Date by which representations may be made|
|Daniel McSweeney and Gavin Hall||The Outfitters Cafe Bar, Bridge House, Main Street, Brough, Kirkby Stephen, CA17 4BP||New premises licence||Sale of alcohol for consumption on and off the premises 10am to 11pm daily||19 October 2020|
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 Team
Eden District Council
Cumbria CA11 7QF
or by emailing: email@example.com
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.