Alcohol, Entertainment & Late Night Refreshment

URGENT MESSAGE TO BUSINESSES / TRADERS / LICENCE HOLDERS & THE GENERAL PUBLIC:

From 4th July 2020 all  businesses and venues may reopen, except for those listed below, which remain closed in law (until further notice):

  • Nightclubs

  • Casinos

  • Bowling alleys and Indoor skating rinks

  • Indoor play areas including soft-play

  • Spas

  • Nail bars, beauty salons and tanning salons

  • Massage, tattoo and piercing parlours

  • Indoor fitness and dance studios, and indoor gyms and sports venues/facilities

  • Swimming pools including water parks

  • Exhibition or conference centres must remain closed for events such as exhibitions or conferences. 

COVID-19: The full list of businesses that must remain closed until further notice (and exemptions to this rule) can be found here.

From 4th July 2020 Pubs, Bars, Clubs, Restaurants, Cafes and Takeaways can re-open subject to them having completed a Covid-19 Health & Safety Risk Assessment - click here to access the simple HSE Risk Assessment.

. To assist the Trade the Government is introducing the BUSINESS & PLANNING BILL - and a very brief but hopefully "to the point" summary of this is provided below to assist businesses understand what they can / need to do:

  • From the date the bill becomes an Act at some point during July 2020 - 30.09.2021: All establishments that have a Premises Licence or Club Premises Certificate that permits the on-sale of alcohol will automatically be treated as having been "temporarily varied" to allow off-sales of alcohol (i.e. the consumption of alcohol off the premises either in the outdoor spaces within the curtilage of the premises or to take away and drink elsewhere) until 30.09.2021 (you will need to then apply to vary the licence to retain such permission) unless such an application for "off-sales" has been refused in the last 3 years. We would expect licence holders to take what steps are necessary to prevent public nuisances, noise disturbances and anti-social behaviour, and to work together to prevent those who cause problems from causing similar problems at other premises.

  • From the date the bill becomes an Act at some point during July 2020: Establishments will be able to apply for a "Pavement Licence" to put tables and chairs on the highway - this is to encourage outdoor eating and drinking in order to maximise the potential for maintaining social distancing. Pavement Licences can be applied for from Ashfield District Council by visiting our dedicated Pavement Licences web page and the process will take 14 days commencing from the first day after the Council receives the application (7 days for consultation, and 7 days for the Council to then determine the application after the consultation closes). The Pavement Licence will last until 30.09.2021, upon which it will lapse or you will need to apply to renew it.

  • From 04.07.2020: Indoor eating and drinking will be permitted, subject to it being by way of table service only (so no waiting / queuing at the bar area). However licensees and their staff will need to ensure that the layout of their internal areas promotes social distaning requirements (2 metres is preferable, but if not possible then at least 1 metre is required).

  • From 04.07.2020: Customers will need to "sign-in" when they arrive (these records must be kept for 21 day), so licensees will need to put measures in place to record names and contact details of customers. This is so that if there are Covid-19 outbreaks, the tracing, tracking and testing of persons can be achieved

  • We have provided a 20 point guide briefly explaining what you must do to ensure that your venue operates in a COVID-19 Safe way - and we hope this helps you to better understand the basic requirements of the actual Government Guidance.

It's fair to say that this will cause many businesses to have to think about how they operate, and put measures in place to promote social distancing and the safety of their staff. Here's a really good national newspaper article with examples and animations of what you could do can be found here.

We have provided links below to further Guidance that has been made available to assist you:

COVID-19: Guidance for the re-opening of Pubs, Bars, Clubs, Restaurants, Cafes & Takeaways can be found here.

COVID-19: Pre-Opening Check List for licensed premises ahead of 4th July 2020 can be found here.

COVID-19: Guidance for the re-opening of the Accommodation Sector can be found here.

COVID-19: Guidance for Beauticians, Body Modifications, Sports & Massage Therapists can be found here.

COVID-19: What Government financial support packages are available to you can be found here.

COVID-19: Ashfield District Council business support packages can be found here.

 

PLEASE NOTE: SINCE MONDAY 23RD MARCH 2020 THE COUNCIL OFFICES HAVE BEEN CLOSED TO THE PUBLIC UNTIL FURTHER NOTICE.

ALL APPLICATIONS MUST NEED TO BE SUBMITTED EITHER ELECTRONICALLY TO: licensing@ashfield.gov.uk;

OR POSTED TO: LICENSING TEAM, COUNCIL OFFICES, KIRKBY IN ASHFIELD, NOTTINGHAMSHIRE, NG17 8DA.

FOR FURTHER ADVICE PLEASE CALL: 01623 457589 / 01623 457364 / 01623 457513 - IF A TELEPHONE IS NOT ANSWERED PLEASE TRY ONE OF THE ALTERNATIVE NUMBERS, OR EMAIL US AT: licensing@ashfield.gov.uk 

We apologise for any inconvenience this causes our customers, however, we do appreciate your understanding at this difficult time.

 

The Licensing Act 2003 is in place to regulate the sale / supply of alcohol, the provision of "regulated" entertainment, and the provision of late night refreshment.

Under the Act, Licensing Authorities, of which Ashfield is one, must carry out their functions with a view to promoting the four licensing objectives, along with our Statement of Licensing Policy.

 

The four licensing objectives are:

  • The prevention of crime & disorder
  • Public Safety
  • The prevention of public nuisance
  • The protection of children from harm

The Licensing Act can be viewed at the Office of Public Sector Information.

Why do I need a licence?

Since the introduction of the Licensing Act in November 2005, anyone who wants to carry out a licensable activity needs a licence to do so.  Licensable activities are defined as:

  • The sale by retail of alcohol
  • The supply of alcohol by or on behalf of a club or to the order of a member of the club
  • The provision of regulated entertainment, namely:
    • Plays
    • Films
    • Indoor Sporting Events
    • Boxing or Wrestling Entertainment
    • Live Music
    • Recorded Music
    • Performances of Dance
    • Entertainment of a similar description to Live Music, Recorded Music or Performances of Dance.
  • The provision of late night refreshment.
    • This is the supply of hot food or drink to members of the public, on or from the premises, whether for consumption on or off the premises, between the hours of 11.00pm and 5.00am. (If you are selling food you will also need to registered as a Food Business with the local Environmental Health Team).

Most pubs, clubs, bars, restaurants, hotels, cinemas, theatres and private members clubs will need a licence.

There are four main types of licence/certificate/notice, namely:

  • Personal Licence
    • A Personal Licence is required by a person who supervises the sale of alcohol in accordance with the Licensing Act.  It is portable and is issued by the Licensing Authority in which the applicant lives at the time of making the application.  The requirement to renew a personal licence was removed from the Licensing Act 2003 by the Deregulation Act 2015.
  • Premises Licence
    • This licence relates to the premises and enables licensable activities to take place at that particular premises.  Where alcohol is a licensable activity at the premises, there must be a Designated Premises Supervisor (DPS).  The DPS must hold a current Personal Licence.  The cost of the premises licence is dependant on the non-domestic rateable value of the premises.
  • Club Premises Certificate
    • This certificate relates to premises that are clubs by nature, usually social clubs or private members clubs, where membership is a requirement of being in the premises.  There is no requirement for a Designated Premises Supervisor (DPS) in this type of premises.
  • Temporary Event Notice
    • This allows you to use the premises, for one or more licensable activities, for a period not exceeding 168 hours.  A minimum of 24 hours is required between each event and no more than 15 days can be applied for in any one calendar year. The fee for each notice is £21.00.

If you have any queries please do not hesitate in contacting a member of the Licensing Team.