Frequently asked questions and advice for local residents about the new alcohol and entertainment licensing system under the Licensing Act 2003.
Does the Act mean 24 hour opening for licensed premises such as pubs and clubs?
Not necessarily. The government is not promoting 24 hour drinking. The Act will lead to flexible, rather than uniform, closing times and allow for the possibility of premises to remain open for up to 24 hours. The actual hours of operation will vary from venue to venue depending on the operator's wishes and the consideration of the views of people affected, for example, local residents and businesses.
As part of their application for a premises licence, applicants are required to submit an operating schedule to the licensing authority, which will include the proposed hours of operation. If no relevant objections are made in relation to the application, the licensing authority must grant the application.
In practice this will mean that, unless relevant objections (representations) are made, the operating hours included in the licence will be those requested by the applicant. If, on the other hand, relevant representations are made, the licensing authority has discretion on the matter.
In determining what opening hours to include in the premises licence, the licensing authority will take into account the relevant representations and will reach its decision on what is necessary with a view to promoting the licensing objectives.
Only a very small number of licensed premises have been granted 24 hour opening, and many of these won't be opening around the clock, they merely want the flexibility for special occasions.
Will longer opening hours for pubs and clubs lead to more disorder and disturbance to people who live nearby?
Under the old licensing system, research showed that crime and disorder was worst at 'chucking out time' when, following a race to drink in excess just prior to last orders, everyone was forced out of pubs and clubs at the same time.
This produced conflict and heavy pressure on police resources to keep control. The Government believes that flexible opening hours will mean a more dispersed departure of drinkers during the night, thereby reducing this problem and making life more manageable for the police and local residents.
The Act also gives local communities a voice in licensing applications and provides a more effective range of remedies which can be taken against badly run premises.
How can you object to a licence application, or complain about a premises that is causing problems?
Go to Advice for Local Residents for advice on making representations, with answers to the following questions and links to our online forms:
Who can make a representation and when can they be made?
How will you know when a licence application is made?
What can you do about premises already holding a licence?
What are relevant representations?
