F8. Licensing Act 2003

This Policy document outlines the implications for churches under the Act.

1. Introduction

1.1 This summary sets out our understanding of the Licensing Act 2003 (“the Act”) and its effect on church buildings. The advice here cannot be, and is not intended to be an authoritative interpretation of the Act, but it represents an attempt to summarise the provisions as currently understood. Legal advice has been sought and it is felt appropriate to draw attention to some of the requirements, specifically to the need for a “premises licence”.

1.2 Annex “A” sets out the extracts of the most pertinent sections of the Act.

1.3 Until the Licensing Act 2003 came into force in November 2005, churches outside London were exempt from the need for a public entertainments licence for concerts. In 2000, the Government published a White Paper, `Time for Reform’ which recommended the wholesale revision of the legislative arrangements and the combining of the different licensing systems for alcohol, music and plays into a single system for the provision of alcohol, public entertainment and late night refreshments. The White Paper made no specific reference to churches or other places of worship.

1.4 The Act establishes a single integrated scheme for licensing premises which are used for the supply of alcohol, to provide regulated entertainment or to provide late night refreshment. Permission to carry on some or all of these licensable activities will now be contained in a single licence.

1.5 The Act provides a balanced package of freedoms and safeguards. It has an important role in the prevention of crime and disorder and public nuisance perpetuated by a minority.

1.6 The Act marks the end of the previous outdated licensing regimes. The legislation reflects that the licensable activity it covers are to be carried on in a modern, vibrant society which deserves a more streamlined and unified licensing system.

Key measures contained in the Act include:

flexible opening hours;
a single premises licence to be used to supply alcohol, to provide regulated entertainment and to provide refreshments late at night. A premises licence issued by the licensing authority (usually the local authority) after notification and scrutiny by the police and other responsible authorities;
a new system of personal licences relating to the supply of alcohol which enables holders to move more freely between premises where a premises licence is in force. Personal licences are issued by licensing authorities after scrutiny by the police – where an applicant has been convicted of certain offences.

2. Licensable Activities

2.1 The Act lists four licensable activities which are to be regulated by the provisions of the Act.

These are:

the sale by retail of alcohol; (see sections 191 and 192 of the Act at Annex A)
the supply of alcohol by clubs;
the provision of regulated entertainment;
the provision of late night refreshment.

2.2 Licensable activities may only be carried on under, and in accordance with one of three authorisations namely, a premises licence, temporary events notice or club premises certificate. If you intend to carry on any of the licensable activities then unless your activities are covered by one of the exemptions in the Act, you need one of the three authorisations. It is an offence to carry on any licensable activity without the relevant authorisation.

2.3 Exemptions

The exemptions most applicable to churches are contained in Part 9 Section 175 and Schedule 1 Part 2, the detailed provisions of which are set out in Annex A. Generally, as long as the conditions of Section 175 are satisfied the offering of alcohol as a prize in a lottery or tombola will not be a licensable activity. Schedule 1 Part 2 also provides exemptions for entertainment or entertainment facilities for the purposes of or incidental to a religious meeting or service or at any place of public religious worship and also for garden fetes as long as the proceeds of the same are not applied for private gain. Allowing a church hall to be booked by parents for a children’s party where there will be entertainment provided at the party is not a licensable activity as long as no charge is made to the children attending the party.

2.4 However, some activities which churches carry out in a church hall will be licensable activities and therefore a premises licence is required.

2.5 Provision of regulated entertainment:

(a) the performance of a play – this includes rehearsals;

(b) the exhibition of a film;

(d) boxing or wrestling entertainment;

(e) the performance of live music;

(f) any playing of recorded music;

(g) a performance of dance;

(h) anything of a similar description to that falling in (e), (f) or (g).

2. 6 Provision of entertainment facilities:

(i) facilities for allowing people to make music;

(j) facilities for allowing people to dance;

(k) facilities for allowing entertainment of a similar description to that falling in (i) or (j).

It is evident that many common activities which churches carry out would now constitute “regulated entertainment” and require a premises licence. If you are in any doubt as to what might constitute “regulated entertainment”, please consult your local licensing authority.

3. Premises Licences

3.1 Premises licences will not be time limited (unless requested) nor subject to renewal.

3.2 The principal category of those who can apply for a premises licence is anyone who proposes to carry on business involving licensable activities on the premises. This covers any individual (aged at least 18) or business. Recognised clubs, charities, a proprietor of educational establishments and other bodies can also apply.

3.3 The premises licence will be in a form regulated by statute and an example is attached at Annex A.

3.4 A premises licence summary or a certificated copy of the summary, must be prominently displayed at the licensed premises.

4. How to obtain a premises licence

An application for a premises licence must be made to the relevant licensing authority, that is, the authority within whose area the premises are situated. To make an application you must submit:

a completed application form, including an operating schedule;
a plan of the premises in the prescribed form;
if the application requests the authorisation to supply alcohol, a form containing the consent of the proposed designated supervisor (DPS) in the prescribed form;
the prescribed fee – which does not apply to charities.

4.1 The application form itself is a comprehensive document and the questions require answers in a combination of written script and tick boxes. The forms may vary slightly from one local authority to another but they seek the same information as that required by the Act.

4.2 Accompanying the application form will be “notes for guidance” about the application form for a premises licence. Please read the notes carefully and follow the instructions implicitly. Ensure all supporting documents are included otherwise the Licensing Authority will consider the process as incomplete and the application will be rejected.

4.3 It is therefore recommended that a church always obtains the application form from its own licensing authority or downloads it from the local authority website if available. See 4.6 for cross reference purposes.

4.4 When completing the application form it is advisable when filling in the papers marked A to K to insert times which cover most of the day. This will allow for morning, afternoon and evening events for the whole seven days. For example – 10am to 10:30pm Monday to Sunday. It is advisable to endorse the application form as follows – “Fee not enclosed due to being a charity”.

4.5 Once the application is completed and ready for submission it must be sent to the local licensing authority and copied to the following:

the chief officer of police for any police area in which the premises are situated;
the fire authority for any area in which the premises are situated;
the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974, for any area in which the premises are situated. (This usually means the Environmental Health & Trading Standards Dept);
the local planning authority within the meaning given by the Town & Country Planning Act 1990 (c.8) for any area in which the premises are situated;
the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to the minimising or preventing the risk of pollution of the environment or of harm to human health;

a body which –

represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and
is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters. (This is usually the local Child Protection Unit within the Social Services).

4.6 The first page of a specimen set of forms for a premises licence is attached annex “B” to this document. Area Secretaries have the complete document. However I draw your attention to paragraph 4.3 because the forms may vary slightly from licensing authority to licensing authority.

5. What is an operating schedule?

5.1 The operating schedule sets out various details on how the premises are proposed to operate when carrying on licensable activities. The operating schedule must include the following information:

the licensable activities to be carried out;
the proposed hours that the relevant licensable activities are to take place;
the proposed hours the premises are to be open to the public;
the duration of the licence (if it is to have a fixed term);
details of who is to be the Designated Premises Supervisor (DPS) if the activities include the supply of alcohol;
where the alcohol is to be supplied whether the supplies are proposed to be for the consumption on and or off the premises;
a statement of the steps the applicant proposes to take to promote the licensing objectives – for example, door security, the prevention of crime and disorder (relevant for churches – safe from harm procedures, CRB procedures, URC Good Practice and compliance with the law on all licensing matters).

6. What are the requirements relating to plans of the premises?

6.1 A plan of the premises will have to be submitted with every application for a premises licence. Unless previously agreed with the relevant licensing authority in writing that an alternative scale plan is acceptable, the plan should be drawn in standard scale (1 millimetre represents 100 millimetres). The plan will need to show:

the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
points of access and exits from the premises, and the location of escape routes if different;
where the premises are to be used for more than one licensable activity, the area within the premises used for each activity;
fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on exits or escape routes;
the location and height of any stage or raised area or area relative to the floor;
any steps, stairs elevators or lifts;
any room or rooms containing public conveniences;
the location of a kitchen, if any, on the premises.

6.2 Please note: The plan may include symbols to illustrate such matters and a key to explain them.

7. What is a designated premises supervisor?

Personal licences authorise an individual to supply alcohol, or authorise the supply of alcohol in accordance with a premises licence or a temporary event notice. Not everybody who works in any licensed premises will need to hold a personal licence, however, all premises licensed to sell alcohol will have an identified personal licence holder, known as the “designated premises supervisor” (DPS). In addition, all supplies of alcohol under a premises licence must be made or authorised by the person who holds a personal licence. They will be named in the operating schedule for any premises with a premises licence. The Act specifies there can only be one DPS for any premises.

8. Temporary Events Notice

Churches who do not envisage a regular use of their premises for any “licensable activity” but who may on the odd occasion require to use them for a licensable activity may, as an alternative to obtaining a full premises licence, be able to use the Temporary Event Notice System (“TENS”) subject to complying with all the conditions and procedures involved. These are set out in detail in Sections 98 -109 inclusive of the Act (See Annex A). Generally, TENS can be used to authorise small scale ad hoc events which are attended by fewer than 500 people and which last no longer than 96 hours. There are limits on the number of TENS that can be given. The TENS is given to the premises user and no more than (5) five TENS can be issued in any one year for the same premises.

9. Children

The protection of children from harm is one of the four main licensing objectives that underpin the Licensing Act 2003. The new licensing regime has been designed, in part, to close loopholes and inadequacies of the previous law in relation to children, while allowing under 18s to experience the atmosphere of licensed premises in a family friendly safe environment.

9.1 The Act requires that all licensed premises and clubs set out in their operating schedule the steps they propose to take to promote the licensing objectives, including the protection of children from harm.

9.2 The new regime allows licensing authorities to attach conditions relating to children’s access to reflect the individual nature of each establishment if relevant representations are made and this is necessary to protect children from harm.

9.3 In addition the licensing objectives on children, the law relating to the sale and consumption of alcohol by minors have been strengthened and updated to offer increased protection to children.

9.4 What are the offences of particular significance under the Act relating to children?

It is an offence for certain persons to allow children under 16 on relevant premises (which means premises to which a premises licence or a club premises certificate has been granted, or a permitted temporary event notice has been given) that are exclusively, or primarily used for the supply of alcohol, or premises open for such supply under the authorisation of a temporary event notice, if they are not accompanied by an adult and those premises are open for the supply of alcohol for consumption there.

9.4.1 It is an offence for any person to allow an unaccompanied child under 16 to be on relevant premises (see above) between the hours of midnight and 5am, when the premises are open for the supply of alcohol for consumption there.

9.4.2 It is an offence for any person to supply alcohol to children anywhere, not just on licence premises.

9.4.3 It is an offence for a child to buy or attempt to buy alcohol.

9.4.4 It is an offence for a child knowingly to consume alcohol on relevant premises (see above)

9.4.5 The legal drinking age remains unchanged by the new act at 18 years of age. The only exception is that 16 and 17 year olds may drink beer, wine or cider with a table meal in relevant premises, where accompanied by an adult aged 18 or over. In all other cases, it is illegal for children under 18 to knowingly consume alcohol on relevant premises, or to buy or attempt to buy alcohol. Where the alcohol is consumed by accident, the child will have committed no offence.

9.4.6 An exception to this law is when a child has been asked to test-purchase alcohol from relevant premises by a police officer or a trading standards officer. In these cases, the child will not be committing an offence.

9.4.7 There are other matters relating to children and alcohol which relate to nightclubs and discos and the definition of `unaccompanied’. Reference to the Act itself will be necessary before making decisions on these matters.

9.4.8 Before issuing a licence the licensing authority (i.e. the local authority) must consider the application against four specified objectives:

(a) prevention of crime and disorder;

(b) public safety;

(d) the protection of children from harm.

10. Penalties

10.1 Penalties for offences committed under the Act can be substantial. There are various levels of penalty within the schedules against a standard scale. The maximum penalty for the most serious offence upon conviction is imprisonment for a term not exceeding six months, or a fine not exceeding £20,000, or both.

10.2 It is inadvisable to try to circumvent the Act by sharp practice. In the past there have been grey areas which have been exploited but the four objectives set by the government are very clear cut and you ignore them at your peril.

11. Should you need any further assistance please contact your Licensing Authority or the Synod office.

ANNEX A

Part 1

Section 1 Licensable offences

(1) For the purposes of this Act the following licensable activities are:

(a) the sale of alcohol by retail;

(b) the supply of alcohol by or on behalf of a club, or the order of, a club member;

(d) the provision of late night refreshment.

Part 3

Premises Licence

Section 11 Premises licence

In this Act “Premises licence” means a licence granted under this Part, in respect of any premises, which authorises the premises to be used for one or more of the licensable activities.

Section 16 Applicants for premises licence

1 The following persons may apply for a premises licence – categories (a) to (i) but only (d) relates to the church.

(d) a charity – “charity “has the same meaning as in section 96 (1) of the Charities Act 1993 (c.10);

2 But an individual may not apply for a premises licence unless he aged 18 or over.

Duration of the premises licence

Section 26 Period of validity of premises licence

(1) Subject to sections 27 & 28 a “premises licence” has effect until such time as -

(a) it is revoked under section 52, or

(b) if it specifies that it has effect for a limited period, that period expires.

(2) But a premises licence does not have an effect during any period when it is suspended under section 52.

Section 27 Death, incapacity, insolvency etc. of licence holder:

(1) A premises licence lapses if the holder of the licence;

(a) dies;

(b) becomes mentally incapable (within the meaning of section 13(1) of the

Enduring Powers of Attorney Act 1985 (c.29);

(d) is dissolved or

(e) if it is a club, ceases to be a recognised club.

Part 5

Temporary Events Notice

Section 98 Meaning of “permitted temporary activity”

(1) A licensable activity is a permitted temporary activity by virtue of this Part if -

(a) it is carried on in accordance with a notice given in accordance with section 100,

and

(b) the following conditions are satisfied.

(2) The first condition is that the requirements of sections 102 (acknowledgement of notice) and 104(1) (notification of police) are met in relation to the notice.

(3) The second condition is that the notice has not been withdrawn under this Part.

(4) The third condition is that no counter notice has been given under the Part in respect of the notice.

Section 99 The relevant licensing authority

In this Part references to the “relevant licensing authority” in relation to any premises, are references to –

(a) the licensing authority in whose area the premises are situated, or

(b) where the premises are situated in the areas of two or more licensing authorities, each of those authorities.

Temporary events notices

Section 100 Temporary event notice

1 Where it is proposed to use premises for one or more licensable activities during a period not exceeding 96 hours, an individual may give the relevant licensing authority notice of the proposal (a temporary events notice).

2 In this Act, the “premises user”, in relation to a temporary events notice, is the individual who gave the notice.

3 An individual may not give a temporary events notice unless aged 18 years or over.

4 The temporary events notice must be in the prescribed form and contain:

statement of the matters mentioned in subsection (5);

(a) Where subsection (6) applies, a statement of the condition mentioned in that subsection;

(b) and such other information as may be prescribed.

5 Those matters are:

(a) the licensable activities to which the proposal mentioned in subsection (1) relates (“the relevant licensable activities”);

(b) the period (not exceeding 96 hours) during which it is proposed to use the premises for those activities (“the event period”);

(d) the maximum number of persons (being a number less than 500) which the premises user proposes should, during those times, be allowed on the premises at the same time;

(e) where the relevant licensable activities include the supply of alcohol, whether supplied are proposed to be for the consumption on the premises or off the premises, or both;

(f) and such other matters as may be prescribed.

6 Where the relevant licensable activities include the supply of alcohol, the notice

must make it a condition of using the premises for such supplies that all such

supplies are made by or under the authority of the premises user.

7 The temporary events notice:

(a) must be given to the relevant licensing authority (in duplicate) no later than ten working days before the day on which the event period begins, and

(b) must be accompanied by the prescribed fee.

Section 101 – Minimum 24 hours between event periods.

Section 102 – Acknowledgement of the notice – subsections 1, 2 and 3 relate to the requirement of the Licensing Authority to acknowledge receipt of Temporary Events Notice.

Section 103 – Deals with the withdrawal of a Temporary Events Notice

Section 104 – Deals with objections to the Temporary Events Notice by the Police

Section 105 – Deals with Counter notice following police objection

Section 106 – Deals with modification of notice following police objection

Section 109 – Deals with the need to keep and produce the Temporary Events Notice if required.

Part 9

Section 175 – Exemptions for raffle, tombola, etc.

(1) The conduct of a lottery which, but for this subsection, could to any extent constitute a licensable activity by reason of one or more of the prizes in the lottery consisting of alcohol, is not (for that reason alone) to be treated as a licensable activity if-

(a) the lottery is promoted as an incident of an exempted entertainment,

(b) after the deduction of all relevant expenses, the whole proceeds of the entertainment (including those of the lottery) are applied for purposes other than private gain, and

(2) This subsection applies if -

(a) the alcohol consists of or includes alcohol not in a sealed container,

(b) any prize in the lottery is a money prize,

(c) a ticket or chance in the lottery is sold or issued, or the result of the lottery is declared, other than at the premises which the entertainment takes place and during the entertainment, or

(d) the opportunity to participate in a lottery or in gaming is the only main inducement to attend the entertainment.

Section 191 – Meaning of “alcohol

(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but does not include -

(a) alcohol which is of a strength not exceeding 0.5% at the time of the sale or supply in question,

(b) perfume,

(c) flavouring essences recognised by the Commissioners of Customs and Excise as not being intended for consumptions or with dutiable alcoholic liquor,

(d) the aromatic flavouring essence commonly known as Angostura bitters,

(e) alcohol which is, or is included in, a medicinal product,

(d) denatured alcohol,

(e) methyl alcohol,

(f) alcohol contained in liqueur confectionery.

Section 192 – Meaning of “sale by retail”

(1) For the purposes of this Act “sale by retail”, in relation to any alcohol, means a sale of alcohol to any person, other than a sale of alcohol that -

(a) is within subsection (2),

(b) is made from premises owned by the person making the sale, or occupied by him under a lease to which provisions of Part 2 of the Landlord and Tenant Act 1954 (c.56) (security of tenure) apply, and

(2) A sale of alcohol is within this subsection if it is -

(a) to a trader for the purposes of his trade,

(b) to a club, which holds a club premises certificate, for the purposes of that club,

(d) to the holder of a premises licence for the purpose of making sales authorised by that licence, or

(e) to the premises user in relation to a temporary events notice for the purpose of making sales authorised by that notice.

Part 7 Offences

Section 136. Unauthorised licensable activities

(1) A person commits an offence if –

(a) he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or

(b) he knowingly allows a licensable activity to be so carried on.

(2) Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of entertainment is that he –

(a) performs in a play,

(b) participates as a sportsman in an indoor sporting event,

(d) performs live music,

(e) plays recorded music,

(f) performs a dance,

(g) does something coming within paragraph 2 (1) (h) of Schedule1

(entertainment similar to music, dance, etc.).

(3) Subsection (2) is construed in accordance with Part 3 of Schedule 1.

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £20,000, or to both.

(5) In this Part “authorisation” means -

(a) a premises licence,

(b) a club premises certificate, or

Schedule 1

Provision of Regulated Entertainment

Part 2

Exemptions

9 Religious services, places of worship etc,

The provision of any entertainment or entertainment facilities –

(a) for the purposes of, or for purposes incidental to, a religious meeting or service, or

(b) at any place of public religious worship, is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

10 Garden fetes, etc

(i) The provision of any entertainment or entertainment facilities at a garden fete, or a function or event of a similar character, is not to be regarded as the provision of

regulated entertainment for the purposes of the Act.

(ii) But the above sub-paragraph (i) does not apply if the fete or event is promoted with a view of applying the whole or part of the proceeds for the purposes of private gain.

(iii) In sub-paragraph 2 (above) “private gain” in relation to the proceeds of a fete or function

or event, is to be construed in accordance with Section 22 of the Lotteries and

Amusement Act 1976 (c.32).

Part 3

Interpretation

General

13 This Part has effect for the purposes of this Schedule.

Plays

14 (1) A “performance of a play” means a performance of any dramatic piece,

whether involving improvisation or not,-

(a) which is given wholly or in part by one person or more persons actually present and performing, and

(b) in which the whole or a major proportion of what is done by the person or persons performing, whether by way of speech, singing or action, involves the playing of a role.

(2) In this paragraph, “performance” includes rehearsal (and “performing” is to be

construed accordingly).

Music

18 “Music” includes vocal or instrumental music or any combination of the two.

North Western Synod

F8. Licensing Act 2003

This Policy document outlines the implications for churches under the Act.

1. Introduction

Part 3

Temporary Events Notice

Section 98 Meaning of “permitted temporary activity”

Section 100 Temporary event notice

Section 136. Unauthorised licensable activities

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