Article

Licensing Act 2003 - Licensing authority powers

Following the introduction of the new Licensing Act 2003 on 25 November 2005, most owners and managers of licensed premises have now had a year to get accustomed to the new licensing regime.
The new Premises Licences, issued by local authorities, replaced the old Justices' Licences. Unlike Justices' Licences, which had to be renewed every 3 years, Premises Licences last indefinitely. However, Premises Licence holders should be aware of the wide powers that local licensing authorities have been given under the new Licensing Act to vary, suspend or even revoke them in certain circumstances.

Under the Act, after a Premises Licence has been granted, a responsible authority, such as the police, or an interested party, like a local resident, can apply to the local authority to review a Premises
Licence, if they have any complaints. On completing their review, a local authority may issue the Licence holder with an informal warning with recommendations for improvements. In more extreme
cases, the licensing authority may order that the conditions of the Licence be varied or modified, such as reducing opening hours. In the worst cases it may even order the suspension or revocation of a
Premises Licence. In addition, the police also have increased powers under the Act. The Police can close licensed premises down for up to 24 hours either because of disorder at the premises, noise
nuisance or in order to protect public safety. In certain circumstances, this 24-hour closure period can be extended by a further 24 hours by a senior police officer, if the public disorder or noise nuisance
continues at those premises. The breach of a closure order can lead to a fine of up to £20,000 and/or 3 months in prison. Hence, while the days of a refusal by the licensing magistrates to renew are gone,
Licence holders and local residents may wish to take legal advice, if the police are called to deal with disturbances at the premises.

For further enquiries please contact Peter Radula-Scott (view full profile) on 01892 701216 or email peter.radula-scott@ts-p.co.uk.

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