Licensing Law

19th July 2017
Licensing Law image

Licensing Law Question and Answer

What are the Licensing Objectives?

The Licensing Objectives are the 4 key elements that all Licensing Decisions will have regard to.

The Licensing Objectives are:
The prevention of crime and disorder;
Public safety;
The prevention of public nuisance; and
The protection of children from harm.

What is a Premises Licence?

This is a Licence that covers the actual Premises. If the Premises are sold or transferred the Premises Licence will remain although there will need to be an application to change the Premises Licence Holder. The Licence will detail things such as opening hours and any conditions upon the Licence. A Premises Licence is required if the Premises undertake any licensable activity such as the supply of alcohol, the supply of hot food after 11pm or the provision of regulated entertainment.

What is a Personal Licence?

The system is split into 2 parts with a Licence for individuals as well as for the Premises. For a Premises to supply alcohol they will need a Designated Premises Supervisor who will need to hold a Personal Licence. Any person who is over 18 and who has passed an accredited licensing qualification may apply to the Licensing Authority for the area in which they reside for a Personal Licence. It is normally expected that they have no convictions for a relevant offence.

What is the Designated Premises Supervisor?

The Designated Premises Supervisor (often shortened to DPS) is named on the Premises Licence and must hold a Personal Licence. They are the person who is responsible for the day to day control of the Premises. They are the ones who will be held responsible for any failings and so could be prosecuted for allowing the supply of alcohol to a person under 18 even if they were not present when the sale or supply took place.

Must the DPS always be present?

No. They are expected to be in control and to know their responsibilities but they need not always be present. Indeed it is possible to be DPS on more than one Premises Licence. It will be expected that the DPS has ensured that all staff have been trained and are aware of their responsibilities.

What happens if a DPS is convicted of an offence?

It will depend on the nature of the conviction and the punishment imposed but the Personal Licence may be revoked. We would strongly advise that you seek immediate legal advice if you are a DPS who is arrested or charged with any offence.

Can we change the hours or conditions on the Premises Licence?

Yes it is possible to apply to extend the hours by making an application to vary the Premises Licence. Often Premises have accepted shorter hours or onerous conditions as a compromise to ensure that the initial Licence was granted as soon as possible. The application process is similar to applying for a new Premises Licence and so it must be advertised and there will be a 28 day period in which responsible authorities such as the police, trading standards and certain departments of the local council may object. Other interested parties such as local residents may also object. If there are no objections the variation should be granted. If there are objections there may be discussions as to whether a compromise can be reached but if not the matter will be heard by the Licensing Authority. The application will have in mind the 4 Licensing Objectives and any decision will have to have regard to these. It may be the case that an extension of hours may be agreed if other conditions are met such as minimum staffing levels, provision of CCTV or agreement to provide SIA registered Door Supervisors.

Should you have any query in respect of Licensing matters please do not hesitate to contact us on 01775 722261 or email to daven.naghen@maplessolicitors.com


Maples supporting Macmillan Coffee Morning image

Maples supporting Macmillan Coffee Morning

On 29th September 2017 Maples Solicitors LLP will be hosting a coffee morning as part of Macmillan’s “World’s Biggest Coffee Morning”.

Tea, coffee and cakes will be served from 10:00am until 1:00pm and all donations received will go to Macmillan Cancer Support to assist them with providing medical, emotional, practical and financial support to those facing cancer and their families.

At the same time, Maples will also be running a free Wills, Lasting Powers of Attorney and Probate clinic so that whilst you are in the office you may take the opportunity to discuss any of these with one of the Private Client Team with no obligation to commit. You can use the time to raise any questions you may have about making a Will, who you could appoint as Executors, whether you need a Power of Attorney or how a Power of Attorney works, for example.

Maples hope to see their existing clients join them for the coffee morning and very much look forward to meeting new people- everyone is welcome!

If you would like to discuss any matters in relation to Wills, Lasting Powers of Attorney or any Probate related matters prior to the coffee morning then please contact one of the lawyers in our private client team:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office on 01775 722261 and ask to speak with one of the team.

Read More

Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.