Licensing

Rhek solicitors are specialists in the Licensing Act 2003 and Gambling Act 2005 providing assistance in all aspects of both Acts plus training.

We operate throughout England and Wales with new applications, variation applications, review hearings, & appeals

Personal Licences

A Personal Licence authorises the holder to sell or authorise the sale of alcohol in accordance with the terms of a Premises Licence, which also authorises the sale of alcohol, which relates to the premises where the sale is taking place.

To apply for a Personal Licence, you must;

– be aged 18 or over

– hold an accredited qualification such as the BIIAB APLH

– submit a Basic criminal conviction certificate or a criminal record certificate that is less than one month old.

– not have any unspent Relevant Convictions (which which case the police object to and Licensing Sub-Committee agree with)

Premises Licences

Rhek Solicitors are able to assist you from start to finish with your Premises Licence application. We quote a one off fee so you know from the start the costs.

We shall:

– work out the most suitable application for your premises and complete and submit the application to the Licensing Authority and Responsible Authorities on your behalf

– work with your architects to ensure your plans are correct

– ensure the application and copies are served on the correct parties

– place the advert correctly for you in your local newspaper

– supply notices to be displayed on your premises

– liaise and try to resolve any representations and attend any hearings with the Licensing Authority if required

– track your application through the key stages

Please Note:

-The holder of a Premises Licence must keep the Licence or a certified copy of it at the premises and must display a summary of the licence prominently.

-The summary is produced by the licensing authority and must contain information including:

– The licensable activities and hours authorised

– The identity of the licence holder

– The name of the designated premises supervisor

The Premises Licence holder must ensure that the licence is kept at the premises under the control of either the holder of the licence, or they may nominate someone, in writing, who works at the premises to be the custodian of the licence.

This authorisation must also be displayed on the premises. Please see downloads for a sample authorisation notice.

Failure to comply with these requirements is a criminal offence punishable by a fine of £500.  A constable or authorised person has the power to require the licence to be produced for examination.

To supply alcohol under the Licensing Act 2003 you must either hold a Personal Licence or be authorised by a Personal Licence holder. We recommend that if you are giving authority to someone supply alcohol then you complete an authorisation sheet, a sample of which can be downloaded in the downloads section.

Temporary Event Notices

A Temporary Event Notice replaces the old Occasional Licences and Special Orders of Exemption. If you require an extension of hours or want to temporarily add any Licensable Activity or want to run an event away from your premises that is not covered by a Premises Licence, then you will have to apply for a TEN.

– Important factors to remember with TENs

– You cannot have more than 15 TENs at any premises in one calendar year

– A TEN can last for up to 168 hours (7 days)

The total duration of the TENs at any one premises in any one calendar year cannot exceed 21 days. Please note that if a TEN passes midnight then it counts as two days. ie. A TEN from 11pm on Saturday to 2am on Sunday will count as 2 of your 21 days.

If being submitted by the same person or associate of that person there must be at least 24hrs between each TEN

– A Personal Licence holder can submit up to 50 TENs per year

– Anyone else may apply for 5 TENs per year

– No more that 499 people can attend a TEN. If more than 499 are expected to attend the the premises will require a Premises Licence.

The TEN must be submitted, in the correct format, at least 10 working days (ie. two weeks) before the date of the event. (You can have a Late TEN from 5-10 working days before the event. Please call for details)

A copy of the TEN must be served on the police and EHO.

If you are asked to make a TEN application then you should check if the premises have not used all their 5 notices or 21 days before entering into any agreement.

Gambling

Pubs and other alcohol licensed premises  

In pubs and similar establishments have an automatic entitlement of up to two gaming machines (Category C or D), subject to a simple notification procedure. The automatic entitlement and licensed premises gaming machine permit will be of unlimited duration. Once you have it, you will not need to apply again unless your circumstances change.

You must comply with the provisions of the Commission’s code of practice about the location and operation of machines. Section 282 (1)-(3). A copy of a sample policy can be download from the downloads section.

Pubs which want to offer more than two gaming machines will need to apply to their licensing authority for a licensed premises Gaming Machine Permit. Holders of licensed premises Gaming Machine Permits will be required to pay an annual fee to their licensing authority.

Category C machines have a maximum stake of £1.00 and a maximum prize of £70.00

Category D machines have a maximum stake of 10p (or 30p when non-monetary) and a maximum prize of £5 cash (or £8 token or non-monetary prize)