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Licensing

Current Licensing Applications

Please read the guidance notes for making representations before viewing the list of Current Licensing Applications, in the Licensing Applications Under Consultation page.

If you are thinking about raising a petition supporting or objecting to a Licensing matter, (eg for a premises licence or club premises certificate), the criteria for submitting representations (including petitions) is contained in the Licensing Act 2003. When relevant representations are received for an application, the Licensing Authority must hold a hearing by the Regulatory Licensing Sub Committee to decide the matter. If you have any queries regarding this process, please contact the Licensing Team. Further information is also available in the Licensing Representations page and you should particularly note the current definition of 'Interested Party' because representations cannot be accepted by persons who do not fall within this category.

Licensing Act 2003

The Licensing Act 2003 brought in significant changes to the way licensed premises were regulated. The six existing licensing regimes covering liquor, public entertainment, theatres, cinemas, late night refreshment premises and night cafes were all brought together under a single integrated system.

The Act requires each local authority to develop and publish a Statement of Licensing Policy (available in the attached files section below) in line with guidance published by the Government. It takes into account examples of best practice used elsewhere in dealing with the regulation of licensed activities. The policy must promote the four licensing objectives set out by the Act. These are:

  • The prevention of crime and disorder
  • The prevention of public nuisance
  • Public safety at licensed premises
  • The protection of children from harm
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The key measures of Act include

  • Haringey Council now has the role of being the Licensing Authority for the area.
  • Flexible opening hours for premises, designed to reduce public disorder associated with fixed closing times, allowing the potential for 24 hour opening, 7 days a week. This is subject to the consideration of the impact on local residents and businesses - licensing representations.
  • Both applicants for licences and objectors will have the right to appeal to the Magistrates’ court if their representations have not been taken properly into account.
  • The police have enhanced powers to close licensed premises for up to 24 hours where disorder is occurring.
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Types of licensable activities

The Licensing Act 2003 states that a licence is required where any of the following licensable activities are taking place:

  • The sale of or supply of alcohol
  • The supply of alcohol to members of registered clubs and their guests
  • The provision of regulated entertainment (e.g. performance of a play, an exhibition of a film, sporting event)
  • The supply of hot food or drink between the hours of 11pm and 5am, for consumption on or off the premises (this will include mobile food vans).

The Licensing Act 2003 has four new types of licence, which are as follows:

Completed forms should be returned to the relevant authorities as shown in Licensing Contacts.

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Police Reform and Social Responsibility Act 2011

The Police Reform and Social Responsibility Act 2011 is now law. It received Royal assent on 15th September 2011. No commencement date has been announced yet, parts of the Act will be brought in through legislative changes to the Licensing Act 03 and some will be brought in through changes made to the Section 182 Guidance.

The Act will amend the Licensing Act 2003 making considerable differences including:

Responsible Authorities / Interested Parties

The Licensing Authority will be a Responsible Authority for premises and club premises applications will become "responsible authorities" and will have the power to refuse, remove or review a premises licence without representation from the Police or other responsible authority.

Primary Care Trusts and Local Health Boards also join the list of Responsible Authorities

Health, PCT's will become a "responsible authority" and will gain powers regarding licensing application and reviews, even though the licensing objectives have not been revised to include health

The term ‘interested parties’ has been replaced by ‘any other person’ anyone can voice objections regardless of geographic vicinity. The rules around frivolous and vexatious will still apply.

Notification of applications will be the responsibility of the Licensing Authority.

The Secretary of State will be required to make regulations requiring the licensing authority to advertise applications ‘in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it’

At present neither the Act nor the Regulations impose any duty on a licensing authority to advertise an application or to take any steps to notify anyone affected by an application that it has been made; the sole duty to advertise and to give notice is placed on the person making the application.

This will change under the proposed reforms, with new regulations requiring a Licensing Authority to advertise the application in a way which ensures that it comes to the attention of everyone in the Licensing Authority’s area whom it may affect.

Determination of applications

’Necessary’ has been replaced with ‘appropriate’ in relation to the steps a licensing authority may take when determining applications / requests for review.

Temporary Event Notices

Police and EHOs will be able to object to TENS where they consider that the proposed activities are likely to undermine a licensing objective

Conditions may be applied to TENS if the authority considers it appropriate for the promotion of the licensing objectives to do so, providing the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.

Time limits relating to TENS have been relaxed, including the duration of activities which will increase from 96 hours to 168 hours.

Sanctions for persistently selling alcohol to children

The fine for persistently selling alcohol to children will be doubled from £10,000 to £20,000.

The effect of a closure notice for persistently selling alcohol to children will have effect for ‘at least 48 hours but not more than 336 hours’

Early morning alcohol restriction order

Early morning alcohol restriction orders will be a new facility for licensing authorities providing the statutory process is followed, and may be applied to different types of premises, between the hours of midnight and 6am.

Licence Fee

Premises licences and club premises certificates will be suspended on failure to pay the annual licence fee, although exceptions are built in to allow for administrative error, disputes and a ‘grace period’.

Subject to ministerial approval, the licensing authority will have the power to set fees on a cost-recovery basis. The costs may also include the costs of acting as other responsible authorities under the Act, e.g. planning authority.

However, there will be a consultation on fees and the minister has indicated that the new fee structure is unlikely to fully take effect until 2013.

Licensing Policy Statements will be reviewable every 5 years

Late Night Levy

Provisions have been added to introduce a ‘late night levy’ which would be intended to cover the costs of policing and other arrangements for the reduction or prevention of crime and disorder, in connection with the supply of alcohol between midnight and 6 am. A licensing authority may not decide that ’the late night levy requirement is to apply in part only of its area.’

It could cost businesses between an additional £768 and £4,406 each year for their premises licence, if they operate after midnight depending on the non domestic rateable value.

Alcohol Disorder Zones

Alcohol Disorder Zones will be repealed.


Review of provisions and effect

The effect of these amendments will be reviewed 5 years after the provisions come into effect with a view to assessing the effect of the amendments on the scheme established by the Licensing Act 2003.

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Mandatory Licensing Conditions coming into force in October 2010

The Home Office has confirmed that from the 1 October 2010, the following 2 mandatory conditions WILL take effect:

  • Require an age verification policy to be in place to prevent underage sales; and
  • Ensure that customers have the opportunity to choose small measures of beers, ciders, spirits and wine.

The document available in the attached files section gives guidance to help licences through this process

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Ward Councillors as Interested Parties

As from 29 January 2010 the law has changed, giving ward councillors enhanced roles, and any member will be able to both make representations and potentially call for reviews of licences. There are some requirements, the most important being evidence to support your case.

In summary, this is a significant change from the previous situation, where individual Members could only make such representations if they lived in or had a business in the vicinity of the premises, or had been specifically asked to represent a constituent at a hearing.

However, the statutory constraints on the reasons for representations or reviews still apply – they may only be made on the grounds of one or more of the licensing objectives, which are:

  • the prevention of crime and disorder
  • the prevention of public nuisance
  • public safety
  • the protection of children from harm

Representations or applications for review on other grounds cannot be considered. For instance, public health is not a statutory objective and cannot be considered.

Given the quasi-judicial nature of the proceedings, all representations or reviews:

  • must be in writing, showing the name and address of the writer (the representation/review application must be published as part of the process) – there is a prescribed form for reviews on the Licensing webpage.
  • must clearly set out the likely effects the grant of the licence would have on the promotion of at least one of the licensing objectives.
  • must present evidence in support of the representation or review.
  • must clearly relate to the premises for which application is being made.

For example, representations on the basis of general noise and disturbance, without evidence of a causal link to specific premises, will carry little or no weight with the Sub-Committee.

There are particular rules in respect of petitions which are unlikely to carry as much weight with the Sub-Committee as letters from individuals. Individually produced representations will inevitably carry more weight than "form" letters where an individual's details have been added.

The Act also requires the Licensing Authority to disregard representations that are considered to be frivolous or vexatious.

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EU Services Online Application

Haringey Council is compliant with the European Service Directive.

EU Partnership logoThe Directive opens up the European internal market to cross-border trade in services by making it easier for service providers to set up business or offer their services in other EU countries. The Directive imposes a number of requirements on Local Authorities.
These are:

  • The screening and possible adjustment of the existing legislation and the authorisation schemes in them that are related to the relevant service
  • The electronic completion of procedures
  • Administrative cooperation
  • Regulation in connection with the rights of recipients of services

You can access information relating to the Council's licensing regimes and procedures electronically. It is possible to apply for various licences electronically (including the submission of additional documents and the payment of fees online) via the links on the website.

Not all licensing regimes or application types are under the scope of the EU Service Directive. A list of the licences that are available can be found in the A-Z of licences page.

For further information on the EU Service Directive please visit the BIS website in the external links section below.

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Licences dealt with by external agencies

The Commission for Social Care Inspection deals with licensing of Nursing Agencies.

The Public Carriage Office deals with licences for:

  • Taxis: Hackney carriage vehicles and drivers
  • Private hire vehicles, drivers and operators.

To find out more about these external agencies, follow the links in the external links section at the bottom of this page.

Licensing complaints

If you wish to make a complaint about any Licensing matters, please use our Licensing Complaints e-form to log your complaint. Please provide us with as much information as you can with your contact details in order for us to deal with your request quickly.

Alcohol Health Risk

It is important that the message of possible risk to health through the consumption of alcohol is highlighted and understood. For adults, we need to be aware of the amount of alcohol that is consumed. The link below in the external links section takes you to the NHS help page and allows you to do a quick test on your alcohol intake.

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Contact

Licensing Team
Commercial Services
Urban Environment
Units 271-272
Lee Valley Technopark
Ashley Road
Tottenham
N17 9LN

(Opening hours: Monday to Friday 9:30am to 4pm)

Tel 020 8489 8232
Fax 020 8489 5528

Email licensing@haringey.gov.uk.

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Attached Files

The following links are not part of the Haringey Council website. Please read our legal disclaimer before using these links

Page Last Updated: 10 January 2012

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