Licensing Act 2003 - Glossary of terms

Glossary

Authorised persons are specified people who have statutory duties in relation to the inspection of premises, e.g. fire, health and safety.

CCTV or closed circuit television should comply with the Data Protection Inspectorate Guidelines.

Closure Order is an order issued by the Police and Courts to close premises.  The Police can seek court orders in a geographical area that is experiencing or likely to experience disorder, or to close down instantly individual licensed premises that are disorderly, likely to become disorderly or are causing noise nuisance.

Club Premises Certificate licences a qualifying club for the sale/supply of alcohol.  There is no time limit on the duration of the licence but it may be withdrawn, surrendered or suspended.

Conditions: A premises licence may be granted subject to different conditions.  These may be in respect of different parts of the premises and different licensable activities.  There is no power to impose conditions on a personal licence.  Conditions must be proportional and tailored to size, style, characteristics and activities taking place at the premises concerned.

Designated Premises Supervisor (DPS) is the person who is responsible for the supervision of the premises e.g. the day-to-day manager.  Only premises where alcohol is supplied as a licensable activity must have a Designated Premises Supervisor.  The DPS must hold a Personal Licence.  A DPS is not required for Club Premises.

Foreign Offences are convictions for offences (other than relevant offences) under the law of any place outside England and Wales, including other parts of the United Kingdom such as Scotland and Northern Ireland.

Frivolous and vexatious representations

Frivolous and vexatious bear their ordinary meaning.  The Licensing Authority must form a view as to whether a reasonable person would consider the observations frivolous or vexatious.

Grandfather Rights is a term used to describe the transitional provisions contained in the 2003 Act, by which applicants for Premises and Personal licences who are already licensed are entitled to be granted new licences, authorising the same activities and with the same restrictions and conditions as they have already.

Interested Parties are persons living in the vicinity of the premises, a body representing persons who live in that vicinity, a person involved in a business in the vicinity of the premises, or a body representing persons involved in those businesses.

Late Night Refreshment is the supply of hot food and/or hot drink between 11pm and 5am whether for consumption on or off the premises.

Licensable Activities are the sales by retail of alcohol, supply of alcohol by a club, provision of regulated entertainment, provision of late night refreshment.

Licensing Authority is the Local Authority i.e. North Shropshire District Council.

Licensing Committee is a committee of at least 10 but not more than 15 members of the Local Authority.  Sub committees may also be formed.

Licensing Objectives are the objectives of licensing, set out in the Act:

• Prevention of Crime and Disorder
• Public Safety
• Prevention of Public Nuisance
• Protection of Children from Harm

Objection Notice is a procedure whereby the police can object to the grant of a personal licence on the grounds that the grant would undermine the crime prevention objective.

Operating Schedule is a document in a prescribed form that sets out information about how the applicant for a premises licence intends to operate his/her business in order to comply with the licensing objectives.

Personal Licence is granted to an individual and authorises that person to supply alcohol or authorise the supply of alcohol in accordance with a Premises Licence.  The licence lasts for 10 years and can be renewed.  A Personal Licence holder is not required for Club Premises.

Premises Licence is granted in respect of any premises, which authorises the premises to be used for one or more licensable activities.

Qualifying Club is a club where:

• Nobody can be admitted as a member or to any of the privileges of membership without an interval of at least two days between their nomination or application for membership and their admission
• A person who is admitted as a member other than by prior nomination or application must wait at least two days between becoming members and their enjoying the privileges of membership
• The club is established and conducted in good faith
• The club has at least 25 members

Relevant Offence refers to the offences listed in the Act that could, on conviction, rule out the grant or renewal of a personal licence to the applicant concerned.  Offences include those involving serious crime, those involving controlled drugs, certain sexual offences and offences created by the Act.  The full list of relevant offences can be found within Schedule 4 of the Act. 

Relevant Representations is the expression used for comments including objections on applications etc.  For a representation it must:

• Relate to the effect of the grant of the licence on the promotion of the licensing objectives
• Be made by an interested party or responsible authority
• Not have been withdrawn
• Not be 'frivolous' or 'vexatious', or in the case of a review, 'repetitious' if made by an interested party; or if it concerns the premises supervisor be made by a chief officer of police and include a statement explaining the reasons for the objection.

Repetitious, in the case of a review of the licence, must be identical or substantially similar to a ground for review already made.  For a representation to be a repetition it is identical or substantially similar to one already considered by the authority before it determined an application.  It will be a repetition if a reasonable interval has not elapsed since the earlier application or review.

Responsible Authorities are (for the area in which the premises are situated): the Chief of Police, the Fire Authority, the Health and Safety Authority, the local Planning Authority, the Environmental Health Authority, the body recognised as being responsible for protection of children from harm and with regard to a vessel the relevant navigation authority, the Environment Agency, British Waterways Board or the Secretary of State.

View to profit means that you intend to make a profit.  If you make a charge simply to cover costs and accidentally make a small profit owing to miscalculation, you do not need to worry.  What matters is your intention at the outset.