Nicola Smith
Nicola Smith specialises in hospitality and leisure. Her expertise covers both licensing and food law. Nicola acts for a wide range of clients from listed companies to entrepreneurs. She prides herself on providing commercially-minded advice as part of a one-stop shop for clients dealing with the management of all of their licensing and food law issues.
In addition to direct advice on licensing and food issues, Nicola provides support on corporate, property and insolvency transactions and advises on the licences required for the playing of copyright music by PRS or PPL. Nicola is experienced in reviewing and advising upon due diligence systems and has drafted operations manuals and compliance documents for numerous clients following such reviews. She has also provided training at both a legal and operational level including general updates and training on specific changes in law.
Nicola has successfully represented clients at numerous contested hearings across the country, including for the grant of licences and licence reviews. Nicola writes client updates on topical legal issues for the licensed trade in England and Wales and is a member of the Institute of Licensing.
Practice Areas
Panel
- Contributing Author
Education
- De Montfort University, L.P.C., 2000
- University of Birmingham, LL.B., 1999
4 Contributions by Nicola Smith
PRACTICE NOTES
Authorising live music: premises licences, club premises certificates, TENs, licensing objectives, conditions, offences, defences and enforcement (Licensing Act 2003, England and Wales)
Which licence is required?
Where a live music performance qualifies as regulated entertainment (taking into account all conditions and exemptions set out in Practice Note: Assessing whether a licence is required for licensing for live music events), it is a licensable activity and a qualifying club activity under the Licensing Act 2003 (LA 2003). Licensable activities, including any live music performance, may only be undertaken under, and in accordance with, a premises licence (see Practice Note: Licensing of alcohol and entertainment) or by using a temporary event notice (TEN) (see Practice Note: Temporary Event Notices (TENs)). Likewise, a qualifying club activity may only proceed under, and in line with, a club premises certificate.
Permanent approvals
Premises licences and club premises certificates are granted by the local authority for the area in which the premises hosting the licensable activity is located, and they cover the identified building or place for the specified licensable activities. A premises licence is held by the person (company or individual) who operates, or intends to operate, a business involving use of the premises for licensable activities; however, only qualifying clubs are eligible to hold club premises certificates...
Local Government
PRACTICE NOTES
Health and Safety in Licensed Premises: Interaction with the Licensing Act 2003 (England and Wales), Fire Safety and Risk Management for Operators and Authorities
ARCHIVED: This Practice Note has been archived and is not maintained.
As with any employer, those who own or run licensed venues must have regard to, and apply, workplace health and safety law. Inevitably, venues offering alcohol sales or supply, regulated entertainment, and hot food or drink can give rise to health and safety risks because of the character of these activities. Such risks stem both from operational matters—for example moving and storing heavy casks, handling glassware and hot crockery, high sound levels, and densely packed areas—and from possible customer intoxication, which may heighten the chance of incidents. A broad suite of health and safety legislation already applies, assisting local authorities in reviewing these issues for licensed premises. This Practice Note aims to outline the principal legislative and policy factors. A licensing authority should consider health and safety issues when
granting a licence—the promotion of public safety is a licensing objective under the Licensing Act 2003 (LA 2003). Public safety requirements can be examined at the initial application stage when reviewing the operating schedule...
Local Government
PRACTICE NOTES
Live Music Licensing under the Licensing Act 2003: Regulated Entertainment, Exemptions, Venues and Time/Audience Limits (England and Wales)
The Licensing Act 2003 (LA 2003)
The Licensing Act 2003 (LA 2003) regulates the sale of alcohol, the provision of regulated entertainment, and provision of late night refreshment (hot food and/or hot drink served between the hours of 23.00 and 05.00 daily). For the purposes of LA 2003, performing live music amounts to regulated entertainment, subject to the conditions and exceptions described below. If live music does not count as regulated entertainment, or is exempt under LA 2003, a licence is ordinarily not required under the Act. Exemptions for live music have been introduced and expanded in recent years. In October 2012, the Live Music Act 2012 (LMA 2012) removed the licensing requirement between 08.00 and 23.00 for unamplified live music in any location (with no limit on audience numbers); and for amplified live music in on-licensed premises that are open for the supply of alcohol for consumption on the premises, or in workplaces, where audiences up to 200 persons. See the further exemptions section below. The Legislative Reform (Entertainment Licensing) Order 2014, SI 2014/3253 raised the audience threshold for permitted music performance from 200 to 500 persons in on-licensed premises, open for the supply of alcohol for consumption on the premises, and in workplaces...
Local Government
PRACTICE NOTES
Local Authority Licensing Fees: Statutory, Capped and Cost-Recovery Regimes, Late Night Levy and PSR 2009 Compliance—LA 2003, GA 2005 (England and Wales)
This Practice Note offers hands-on guidance for those working within a local authority in England or Wales on dealing with licensing fees and levies. Local authorities may, of course, be required to administer a wide range of licences or approvals, covering licences for the sale of alcohol and the provision of regulated entertainment, as well as taxi licences, and licences for street trading.
It is not intended to give detailed advice on setting and/or recovering fees for every licensing regime; instead, it provides broad direction on the principal issues that should be taken into account. Accordingly, it is intended as a practical overview rather than a comprehensive manual for practitioners across England and Wales.
Licensing fees and levies
Licensing fees broadly fall into three distinct categories:
fees fixed by statute, which individual authorities cannot vary
fees determined locally to meet the costs of administering/managing those schemes
fees set locally but subject to a statutory cap or maximum limit
Statutory fees
There are several licensing regimes in which the local authority has no discretion over the fee levels it charges within its jurisdiction, because the applicable legislation prescribes the amount payable...
Local Government
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