Alcohol, Entertainment & Late Night Refreshment

LICENSING ACT 2003 (SALE OF ALCOHOL / REGULATED ENTERTAINMENTS / LATE NIGHT REFRESHMENT)

Pubs, Bars, Clubs, Restaurants, Cafes, etc have been allowed to re-open (but not Nightclubs, Dancehalls, Discotheques, or Sexual Entertainment Venues) subject to them having completed a Covid-19 Health & Safety Risk Assessment - click here to access the simple HSE Risk Assessment.

However - from Monday 14th September 2020 the new "rule of six" will apply to all indoor and outdoor settings, which means:

  • Social gatherings of more than six people (irrespective of their ages) in England will not be allowed in law from Monday 14th September 2020

  • The new rule applies to people in private homes, indoors and outdoors, and places such as pubs, restaurants, cafes and public outdoor spaces

  • Hospitality venues must have put in place procedures to record customers details to support the NHS Track & Trace - it is now an offence of the licence holder or business proprietor not to do so. The details to be recorded are:

    • the name of the individual; 

    • a telephone number on which the individual may be contacted;

    • an e-mail address if the individual is unable to provide a telephone number;

    • a postal address if the individual is unable to provide an email address;

    • the date and time that the individual entered the relevant premises;

    • where the individual is a member of a group seeking permission to enter relevant premises together, the number of people in that group (including any member of the group that has scanned a QR Code when seeking to enter the relevant premises).

  • The rule does not apply to schools and workplaces, to people living together or in the same support bubble, or to weddings, funerals and organised team sports

  • The full list of exemptions also includes protests and political activities subject to "strict risk assessments", jury service and providing emergency assistance

  • People who ignore the police could be fined £100 - doubling with each offence to a maximum of £3,200

Here are some basic pointers to help you get your business back on track:

  • Indoor eating and drinking is permitted, subject to it being by way of table service only. However licensees and their staff will need to ensure that the layout of their internal areas promotes social distancing requirements (2 metres is preferable, but if not possible then at least 1 metre is required).

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We have provided links below to further Advice, Support and Government 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: Hospitality Industry FAQ's About Re-opening Pubs, Bars, Clubs, Restaurants, Cafes & Takeaways can be found here.

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

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 

LICENSING ACT 2003

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.
There are four "licensing objectives to the Act, namely:
  • 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.