Licensing Act 2003

Business and Planning Act 2020

The Act became effective on July 22, 2020and introduces temporary changes to the Licensing Act 2003. This grants an automatic extension to most premises licenses. This extension permits the sale of alcohol for off-premises consumption in addition to on-premises consumption.

This change aims to facilitate the sale of alcohol for off-premises consumption in England and Wales. This allows businesses to operate while maintaining social distancing measures. For more information on how to utilise these new entitlements and access template Section 172F Statements, please refer to the provided links.

• Business and Planning Act 2020 – Guidance
  
• Section 172F(2) Statement Template
  
• Section 172F(5) Statement Template

The Licensing Act 2003 provides a single integrated system for licensing premises. These are used to supply alcohol, carry out regulated entertainment, or provide late night refreshment.

Supply of alcohol

The supply of alcohol includes:

• pubs
• working men's clubs
• members' clubs
• off licences

Regulated entertainment

Regulated entertainment would include:

• an indoor sporting event, boxing or wrestling entertainment
• the performance of a play, live music, or dance
• the exhibition of a film, playing of recorded music
• entertainment of a similar description to live music, recorded music, or performance of dance

It is important to note that the Act only applies to the above activities. This is where the entertainment takes place in the presence of an audience and is provided for the purpose of entertaining that audience.

Late night refreshment

Late night refreshment applies to the provision of hot food and/or drink at any time between the hours of 11pm and 5am the next day.

The Act promotes four licensing objectives and all applications are considered against them. The objectives are:

• prevention and detection of crime and disorder
• public safety
• prevention of public nuisance
• protection of children from harm

If you wish to apply for a licence please choose from the options below.

• Club premises Certificate
  
• Premises Licence
  
• Personal Licence

Statement of licensing policy

The Licensing Act 2003 requires the Council to publish a statement of the principles. This proposes to apply when exercising its functions under the Act.

A Cumulative Impact Assessment has been adopted covering Wakefield City Centre.

The policy provides guidance to applicants, objectors interested residents, and businesses on the approach we will take towards licensing.

Making an application

When applying for the grant or variation of a Premises Licence or Club Premises Certificate, applicants should be aware of how they seek to promote the licensing objectives.

Home Office guidance issued under section 182 of the Licensing Act 2003 provides useful information to applicants. Applicants should also read the following section on steps to promote the licensing objectives.

Representations and concerns

We are responsible for licensing premises that:

• sell alcohol
• serve hot food and drink after 11pm
• provide regulated entertainment

This responsibility was transferred to us in 2005 due to the introduction of the Licensing Act 2003. As the licensing authority, we now make decisions on all licensing applications.

We understand the potential impact of extended licensing hours on your community, and we are dedicated to addressing those concerns.

If you believe that the granting of an extended licence or a change of use may have a negative effect on your area, you can follow the steps outlined in the "Making a representation to a licence application" document. This document will guide you on what actions you can take. Additionally, it provides information on the steps to take if problems arise after a venue has been granted a licence.

Online Register

If you wish to see further information on premises that have been granted a licence across the district, you can view these on the online register.