Licensing Act 2003
The Licensing Act 2003 came into force on the 24th November
2005. Local Authorities are now responsible for licensing alcohol
and other activities within the Council area.
The change in law affects everyone. The most noticeable is the
end of 'permitted hours'. Instead of a fixed closing time, bars and
clubs and other premises are allowed to open during the hours they
choose, subject to representations from others. Rules about the
selling of alcohol to under 18's have been tightened up and
simplified, and the rules about children's access to licensed
premises have also changed.
A licence is required for the following
activities:
- To sell alcohol by retail
- If you are a qualifying club, to supply alcohol to a club
member, or to sell alcohol to a guest of a club member
- To provide Regulated Entertainment
- To sell late night refreshment - hot food and drink between
11pm and 5am for consumption on and off the premises, unless you
are a hotel, staff canteen or campsite
Statement of Licensing Policy
Under the Licensing Act 2003, local authorities have a statutory
duty to review their licensing policies every three years.
The current policy came into effect on 7th January 2008
after being approved by full Council. It has served well in
dealing with applications made under the Licensing Act 2003 - no
aspects of the current policy have been subject to legal
challenge.
The Vale of Glamorgan Council has determined
to reaffirm its current Statement of Licensing Policy of 2008 –
2011.
It is important to set out clearly why the
Licensing Authority has decided to take this approach.
You may be aware that on 20th July 2010, the Prime
Minister announced that responsibility for the Licensing Act 2003,
except for regulated entertainment, was being transferred from the
Department of Culture, Media and Sport to the Home Office. On
28th July 2010, the Home Secretary launched a
consultation on a wide range of options to overhaul the Licensing
Act. The consultation “Rebalancing the Licensing Act: - A
consultation on empowering individuals, families and local
communities to shape and determine local licensing”
demonstrates the coalition government’s intention to make major
changes to licensing legislation. This is likely to
necessitate significant changes to Guidance issued under the Act
and associated regulations. In light of the impending changes
at a national level, it is highly likely that a full review of the
Council’s Licensing Policy will be required during the next 12 – 18
months.
Read our Statement of
Licensing Policy