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:

• Premises Licence

• Club Premises Certificate

• Temporary Event Notice

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: 63Kb / 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.

Check if an alcohol wholesaler is approved on GOV.UK.

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.

See Guidance for temporary alcohol licensing provisions in the Business and Planning Act on GOV.UK for guidance on the new legislation and its implications.

A Pavement Licence will be required to enable businesses such as cafes, restaurants and bars to place removable furniture on the highway.

Statement of licensing policy

Section 5 of the Licensing Act 2003 requires a licensing authority to determine and publish its statement of licensing policy at least once every five years. The policy sets out how the authority will exercise its functions under the Act. Following a review in 2020, a revised policy was approved by Council on 26 November 2020 and published for the period 7 January 2021 to 6 January 2026:

Statement of Licensing Policy (PDF: 442Kb / 39 pages)

In exercising its functions, the authority must seek to promote the 4 licensing objectives which are:

1. the prevention of crime and disorder
2. public safety
3. the prevention of public nuisance
4. 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: 130Kb / 10 pages).

Statement of licensing policy 2024 to 2029

The Licensing Act 2003 requires that the Council, acting as the Licensing Authority, prepare, consult on and publish a Statement of Licensing Policy to be published every five years, setting out the policies the Council will generally apply to promote the four licensing objectives when making decisions on applications under the Act.

The statement sets out the basis on which decisions under the Licensing Act 2003 will be made. The policy strives to achieve a local balance between the commercial interests of the licensed trade and the communities they serve and affect, a balance between freedom and responsibility.

This is Westmorland and Furness Council’s first Statement of Licensing Policy which was appoved by Council on 22 February 2024, for the period 1 April 2024 to 31 March 2029.

A copy of the policy can be downloaded here: Statement of Licensing Policy 2024 – 2029 (PDF: 517Kb / 54 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. 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: 72Kb / 2 pages).

Pay your premises licence annual maintenance fee online.

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.

• Licensing Act 2003 Application Forms available in Microsoft Word and PDF Format

• Licensing Act 2003 Guidance Documents available as PDF format only

Licensing register

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

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 address below.

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.