Licensing Law Solicitors.

Licensing law regulates businesses, premises, individuals, and activities that require official permission to operate lawfully. It affects pubs, bars, restaurants, hotels, nightclubs, music venues, shops, takeaways, festivals, gambling businesses, taxis, private-hire operators and many other organisations.

A licensing law solicitor can advise applicants, licence holders, landlords, operators, residents and responsible authorities. They can prepare applications, negotiate conditions, respond to objections and provide representation at licensing hearings, appeals and reviews.

Licensing applications are often time-sensitive and may involve several legal regimes. A business may require a premises licence as well as planning permission, food-business registration, pavement permission, building-control approval or other regulatory consents.

This guide principally covers licensing law in England and Wales. Scotland and Northern Ireland have separate licensing systems, particularly in relation to alcohol and gambling premises.

The Licensing Act 2003

The Licensing Act 2003 governs the sale and supply of alcohol, regulated entertainment and late-night refreshment in England and Wales.

The Act is administered mainly by local licensing authorities. Police, fire authorities, environmental health departments, trading standards, public health bodies and other responsible authorities may become involved in applications and enforcement.

The Four Licensing Objectives

Licensing authorities must carry out their functions with a view to promoting four licensing objectives:

• the prevention of crime and disorder;
• public safety;
• the prevention of public nuisance; and
• the protection of children from harm.

Applications, objections and licence conditions should relate to one or more of these objectives. General dislike of a business or concern about competition will not normally be a proper licensing objection.

Premises Licences

When Is a Premises Licence Required?

A premises licence may be required where a business intends to:

• sell alcohol by retail;
• provide regulated entertainment; or
• sell hot food or hot drink to the public between 11 pm and 5 am.

The licence relates to a particular location. Premises can include buildings, outdoor areas, vehicles, vessels, temporary structures and other identifiable places.

Ordinary food sales during daytime or evening hours do not by themselves require a premises licence. However, food businesses must normally register with the local authority and comply with food hygiene, health and safety, planning, and consumer protection requirements.

Applying for a Premises Licence

An application for a premises licence is made to the local licensing authority. It will usually include:

• the prescribed application form;
• an operating schedule;
• a plan of the premises;
• the requested licensable activities and hours;
• proposed steps to promote the licensing objectives;
• details of the proposed designated premises supervisor where alcohol will be sold; and
• the application fee.

The applicant must advertise the application in the required manner and notify the responsible authorities. Failure to comply with the advertising, service or plan requirements may invalidate or delay the application.

The Operating Schedule

The operating schedule explains how the premises will operate and how the licensing objectives will be promoted. It may address:

• opening and licensable hours;
• CCTV;
• door supervisors;
• staff training;
• age-verification arrangements;
• incident and refusals records;
• noise management;
• use of outside areas;
• deliveries and waste collections;
• capacity limits;
• glassware and drinking containers;
• last admission and dispersal arrangements; and
• protection of children.

Measures offered by the applicant can become enforceable conditions on the licence. Applicants should therefore avoid proposing vague, unnecessary or impractical conditions.

Representations and Objections

Responsible authorities and other persons may make representations during the consultation period. These may support or oppose the application or seek changes to the proposed operating arrangements.

A representation must normally be relevant to the licensing objectives and must not be frivolous or vexatious. Common concerns include:

• noise and disturbance;
• crime and antisocial behaviour;
• street drinking;
• late-night dispersal;
• risk to children;
• overcrowding;
• public safety;
• delivery activity; and
• management of outside areas.

A licensing solicitor can negotiate with responsible authorities and residents before a hearing. Agreement may be reached through amended hours, revised plans or proportionate licence conditions.

Licensing Hearings

If relevant representations are not withdrawn or resolved, the application will normally be determined by a licensing subcommittee.

The subcommittee may:

• grant the application as requested;
• grant it subject to conditions;
• exclude a licensable activity;
• refuse to specify a proposed designated premises supervisor; or
• reject the application.

Applicants and objectors may present evidence, call witnesses and make legal submissions. A solicitor can prepare the hearing bundle, question witnesses and explain why the proposed outcome is appropriate and proportionate.

Personal Licences

What Is a Personal Licence?

A personal licence authorises an individual to sell or approve the sale of alcohol in accordance with a premises licence.

Not every employee serving alcohol needs a personal licence. However, premises authorised to sell alcohol must usually have a designated premises supervisor who holds a personal licence, unless a qualifying community premises has obtained a statutory exemption.

Applying for a Personal Licence

An applicant will usually need:

• an accredited licensing qualification;
• a criminal-record certificate or results of a relevant records check;
• the prescribed application documents and photographs;
• proof of the right to work where required; and
• payment of the application fee.

Relevant criminal convictions, immigration penalties or foreign offences may lead to an objection and a licensing hearing. The authority will consider whether granting the licence would undermine the crime-prevention objective.

Convictions and Changes of Details

Personal licence holders may have duties to notify the licensing authority of changes to their name or address and to disclose relevant convictions in accordance with the legislation.

A court dealing with a relevant offence may order the forfeiture or suspension of a personal licence. Licence holders facing criminal proceedings should obtain advice on both the prosecution and the potential licensing consequences.

Designated Premises Supervisors

Premises licensed to sell alcohol must generally designate a premises supervisor, commonly known as the DPS.

The DPS must hold a valid personal licence and will normally have day-to-day responsibility for alcohol sales.

The DPS does not have to be present whenever alcohol is sold, but the business must have proper arrangements in place to authorise sales and ensure compliance with the licence.

An application may be required to change the DPS when a manager leaves, a business changes hands, or a new operator takes control. Urgent action may be needed to ensure that alcohol sales can continue lawfully.

Transferring a Premises Licence

A premises licence is not automatically transferred when a business or property is sold.

The incoming operator must apply to become the licence holder.

The outgoing licence holder will normally provide consent. In limited circumstances, an application may proceed without consent where the applicant has taken reasonable steps to obtain it and can explain why it was not available.

The applicant may request that the transfer take immediate effect while the application is being determined. The police and immigration authorities may object in specified circumstances.

Licensing arrangements should be addressed early in the sale of a pub, restaurant, hotel, shop or entertainment business. Failure to effect an effective transfer can prevent lawful trading.

Varying a Premises Licence

Full Variations

A full variation application may be required where a licence holder wants to make significant changes, such as:

• extending the hours for alcohol sales;
• adding late-night refreshment;
• adding regulated entertainment;
• significantly altering the licensed area;
• changing access or operating arrangements;
• removing or changing substantial conditions; or
• changing the nature of the business.

The application is advertised, and responsible authorities and other persons may submit representations.

Minor Variations

The minor-variation procedure may be available for changes that do not adversely affect the licensing objectives.

Examples can include small alterations to the layout, limited changes to conditions and certain reductions in hours.

The procedure cannot be used for every change. In particular, it cannot generally be used to add to the sale or supply of alcohol or to extend the hours during which alcohol may be sold.

The licensing authority decides whether the proposed change is sufficiently minor. There is no hearing or right of appeal where a minor variation is rejected, although a full variation application can then be made.

Varying the Designated Premises Supervisor

A separate simplified procedure is available to vary a premises licence by specifying a new DPS. The proposed DPS must consent to the appointment.

The application can normally be given immediate effect pending determination, which may avoid interruption to alcohol sales.

Reviews of Premises Licences

A responsible authority or any other person may apply for a review of a premises licence or club premises certificate where the operation of the premises is said to undermine one or more licensing objectives.

Reviews may follow:

• persistent noise complaints;
• violence or disorder;
• drug activity;
• underage alcohol sales;
• breaches of licence conditions;
• illegal working;
• sales of illicit goods;
• failure to manage customers leaving the premises;
• serious public-safety concerns; or
• repeated complaints from residents.

Following a review, the licensing authority may:

• take no action;
• modify or add conditions;
• remove a licensable activity;
• remove the designated premises supervisor;
• suspend the licence for up to three months; or
• revoke the licence.

A licence holder facing review proceedings should act promptly. Evidence of improvements, staff training, revised procedures and constructive engagement with responsible authorities can be important.

Summary Reviews

The police may apply for a summary review where premises licensed to sell alcohol are associated with serious crime or serious disorder.

The licensing authority must consider whether to impose interim steps quickly, potentially before the licence holder has had a full opportunity to respond. Interim measures can include modified conditions, removal of the DPS, suspension of alcohol sales or suspension of the licence.

Summary reviews can have an immediate and severe effect on a business. Urgent legal representation is usually advisable.

Appeals Against Licensing Decisions

Applicants, licence holders and persons who made relevant representations may have a right of appeal against specified licensing decisions.

Appeals under the Licensing Act 2003 are generally made to the magistrates' court within 21 days of notification of the decision.

An appeal may concern:

• refusal of an application;
• licence conditions;
• restricted hours;
• refusal of a variation;
• removal of a DPS;
• suspension or revocation following a review; or
• failure to take sufficient action following a review.

The court can reconsider the merits of the decision and may make an appropriate order. The risk of incurring another party's legal costs should be considered before commencing an appeal.

Club Premises Certificates

Qualifying members' clubs may apply for a club premises certificate rather than a premises licence.

This can authorise the supply of alcohol to members and qualifying guests and the provision of regulated entertainment.

To qualify, the club must satisfy statutory conditions relating to its constitution, management, membership and arrangements for supplying alcohol.

A members' club is legally different from a commercial bar that describes itself as a club. A solicitor can advise on eligibility, club rules, applications, variations and reviews.

Temporary Event Notices

A temporary event notice, usually called a TEN, can authorise certain small-scale licensable activities without a permanent premises licence or outside the terms of an existing licence.

A TEN may be used for:

• a temporary bar;
• a community event;
• a wedding or private function involving alcohol sales;
• an occasional late-night event;
• a festival activity;
• extended hours for an existing venue; or
• temporary regulated entertainment.

Statutory limits apply to the number of people attending, the duration of the event, the number of notices that can be given and the total number of days for which premises can operate under TENs.

The police and environmental health authority can object to an event where it may undermine the licensing objectives. Late notices have a shorter notification period and provide less scope to resolve an objection.

Regulated Entertainment

Regulated entertainment can include:

• performances of plays;
• film exhibitions;
• indoor sporting events;
• boxing and wrestling entertainment;
• performances of live music;
• playing recorded music;
• dance performances; and
• facilities provided for audiences to enjoy those activities.

Numerous exemptions and deregulations apply. Whether a licence is required depends on the type of entertainment, time, audience size, location, and whether alcohol is being sold.

For example, certain live and recorded music may be exempt in qualifying alcohol-licensed premises during specified hours and within audience limits. Other exemptions apply to community premises, schools, local-authority premises, circuses and incidental music.

Boxing, wrestling, mixed martial arts and sexual entertainment are subject to particular rules and should not be assumed to fall within general music or entertainment exemptions.

Late-Night Refreshment

Late-night refreshment generally means supplying hot food or hot non-alcoholic drinks to the public between 11 pm and 5 am, whether for consumption on or off the premises.

This can apply to:

• takeaways;
• restaurants;
• mobile food units;
• petrol stations;
• drive-through businesses;
• delivery kitchens; and
• street-food stalls.

Exemptions may apply to certain premises and activities. Local authorities may also exempt late-night refreshment in specified areas, for particular descriptions of premises or during particular hours.

Alcohol Deliveries and Online Sales

A business selling alcohol online or by telephone still requires appropriate licensing. The premises from which alcohol is appropriated to the order will normally need to be licensed for off-sales.

The operating arrangements should address:

• age verification when the order is placed;
• age verification at delivery;
• refusal of delivery to children or intoxicated persons;
• delivery records;
• staff and courier training;
• delivery times;
• delivery locations; and
• use of third-party platforms.

Using an external delivery company does not automatically remove the licence holder's responsibility for ensuring that alcohol is sold lawfully.

Underage Sales and Age Verification

Selling alcohol to a person under 18 is a criminal offence unless a specific statutory exception applies. Separate offences can arise where an adult purchases alcohol on behalf of a child.

Licence holders commonly adopt a Challenge 21 or Challenge 25 policy. Staff should be trained to request acceptable photographic identification and record refused sales.

Repeated underage sales can lead to prosecution, fixed penalties, closure action, review of the premises licence and possible suspension or revocation.

Planning Permission and Licensing

Planning and licensing are separate legal systems. The grant of a premises licence does not provide planning permission, and planning approval does not authorise licensable activities.

A business may therefore hold a premises licence permitting later hours than its planning permission allows. It must comply with the more restrictive requirement unless one of the permissions is changed.

Applicants should check planning use, opening-hours conditions, noise restrictions, building-control requirements, and any pavement or highway permissions before committing to a new business or extended hours.

Gambling Licensing

Gambling in Great Britain is principally regulated by the Gambling Act 2005. Responsibility is divided between the Gambling Commission and local licensing authorities.

The Gambling Licensing Objectives

The Gambling Act has three licensing objectives:

• preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;
• ensuring that gambling is conducted fairly and openly; and
• protecting children and other vulnerable people from being harmed or exploited by gambling.

Operating Licences

A business providing gambling facilities may require an operating licence from the Gambling Commission. Different licences apply to activities including:

• betting;
• bingo;
• casinos;
• gaming machines;
• lotteries;
• gambling software;
• remote gambling; and
• gambling-related payment or hosting services in specified circumstances.

Applications may require detailed information about ownership, finances, business plans, policies, systems, criminal records and the suitability of individuals controlling the business.

Personal Management and Functional Licences

Individuals performing specified management or operational functions in gambling businesses may require a personal licence from the Gambling Commission.

The Commission will consider identity, competence, integrity, criminal history and suitability. Licence holders remain subject to continuing reporting and compliance obligations.

Gambling Premises Licences

A local licensing authority may grant premises licences for:

• casinos;
• bingo premises;
• betting premises;
• adult gaming centres;
• family entertainment centres; and
• race tracks.

An applicant will normally need the appropriate operating licence or an application pending before the Gambling Commission.

Applications should be prepared with reference to the authority's gambling policy and local-area profile. Applicants may need to provide a local risk assessment addressing the risks to the licensing objectives in the surrounding area.

Gambling Permits and Notifications

Some lower-level gambling activities are authorised through permits or notifications rather than full operating and premises licences.

These can include:

• gaming machines in alcohol-licensed premises;
• club gaming permits;
• club machine permits;
• unlicensed family entertainment centre permits;
• prize gaming permits;
• small society lotteries; and
• temporary use notices and occasional use notices.

The appropriate permission depends on the premises, machines, prizes, participants and commercial arrangements.

Gambling Reviews and Enforcement

A gambling premises licence may be reviewed where concerns arise about crime, protection of children, harm to vulnerable people, non-compliance with conditions or inconsistency with the licensing objectives.

The Gambling Commission and local authorities can investigate breaches, impose conditions, issue warnings, suspend or revoke licences and commence criminal proceedings.

Lotteries, Raffles and Prize Competitions

Lotteries and raffles are regulated gambling unless they fall within an exemption or are operated under an appropriate registration or licence.

Different rules apply to:

• small society lotteries;
• large society lotteries;
• incidental lotteries at events;
• private lotteries;
• customer lotteries;
• workplace lotteries;
• free draws; and
• genuine prize competitions.

Calling a promotion a competition does not prevent it from being an unlawful lottery. The legal structure, payment requirement, use of skill and method of allocating prizes must be considered carefully.

Taxi and Private-Hire Licensing

Licensing solicitors may also advise taxi drivers, private-hire drivers, vehicle owners and operators.

In England and Wales, separate licences may be required for:

• the driver;
• the vehicle; and
• a private-hire operator accepting or arranging bookings.

Private-hire vehicles must generally be booked through a licensed operator. Hackney carriages can usually stand at authorised ranks and be hailed in the street, subject to local licensing rules.

Licensing disputes may concern:

• fitness and propriety;
• criminal convictions;
• medical fitness;
• driving history;
• vehicle condition;
• safeguarding concerns;
• complaints from passengers;
• revocation or suspension;
• refusal to renew; and
• appeals to the magistrates’ court.

Licensing authorities must place public safety first. Drivers and operators facing enforcement action should seek advice promptly, as appeal periods can be short.

Other Licensing Matters

Depending on their experience, licensing solicitors may also advise on:

• street trading and market licences;
• pavement licences;
• sexual entertainment venue licences;
• scrap-metal dealer licences;
• animal-activity licences;
• special-treatment and skin-piercing licences;
• street collections and charitable collections;
• petroleum licensing;
• explosives and fireworks licensing;
• sports-ground safety certificates; and
• local-authority permits and registrations.

Licensing Enforcement

Operating without a required licence or breaching licence conditions can result in:

• criminal prosecution;
• unlimited or substantial fines depending on the offence;
• closure notices or closure orders;
• seizure of equipment or alcohol;
• licence review;
• suspension or revocation;
• loss of a personal licence;
• director disqualification in appropriate cases; and
• serious damage to the business's reputation.

Licence holders should maintain accurate records, train staff, review conditions regularly and respond promptly to any warning or enforcement notice.

Due Diligence When Buying a Licensed Business

A buyer of a pub, restaurant, nightclub, hotel, shop, betting premises or other licensed business should examine the licensing position before exchanging contracts.

Checks should include:

• the identity of the premises licence holder;
• the authorised activities and hours;
• the licensed plan;
• all licence conditions;
• the identity and availability of the DPS;
• previous reviews or enforcement action;
• outstanding variations or applications;
• planning restrictions;
• gambling permissions where relevant;
• temporary event history; and
• the steps required to transfer or replace licences on completion.

The commercial value of a business may be significantly affected by restricted hours, burdensome conditions or an unresolved review.

How a Licensing Law Solicitor Can Help

A licensing solicitor may assist with:

• applications for premises and personal licences;
• club premises certificates;
• full and minor variations;
• changes of designated premises supervisor;
• transfers of premises licences;
• temporary event notices;
• negotiations with police, environmental health and residents;
• contested applications and committee hearings;
• licence reviews and summary reviews;
• appeals to the magistrates’ court;
• underage-sales investigations;
• licensing prosecutions and enforcement;
• Gambling Commission applications;
• gambling premises licences and permits;
• taxi and private-hire licensing;
• licensed-business acquisitions and disposals; and
• advice on new legislation and regulatory changes.

Finding a Licensing Law Solicitor

Licensing law is procedural, and the consequences of an incomplete application, a missed deadline, or a poorly drafted condition can be substantial. Early legal advice can improve the prospects of securing a licence and help prevent operational restrictions or enforcement proceedings.

Use the search facility at the top of this page to find a licensing law solicitor who can advise on the appropriate application, prepare the required documents and represent you at any hearing or appeal.

This guide provides general information about licensing law in England and Wales. It does not constitute legal advice and should not be relied upon as a substitute for advice about a particular premises, business, application or enforcement matter.