Jonathan Smith
Jonathan joined Poppleston Allen at the beginning of 1997. After being made Partner in 2002, he succeeded founder Jeremy Allen as Managing Partner in 2006, splitting his time between developing the firm and advising clients.
In April 2018, Jonathan handed over the reins as Managing Partner to concentrate fully on helping licensed operators solve their alcohol licensing problems.
Jonathan’s advice includes obtaining new premises licences, licence variations and licensing reviews, of which he is a veteran of over 250. To help understand the pressures that people working in the leisure sector face, Jonathan holds five licensing qualifications covering England, Wales and Scotland.
Jonathan regularly speaks at conferences and seminars. He sat on the Institute of Licensing’s operational and development committee and has sat on various Home Office and Department of Culture, Media and Sport advisory groups. By request, he was called to give evidence as part of The House of Lords Select Committee in a review of the Licensing Act 2003.
Some of Jonathan’s key clients include; Dominos, St Austell Brewery, Parkdean Resorts, Bourne Leisure and Red Oak Taverns.
The Chambers & Partners Guide describes Jonathan as “very experienced and a great source of information.” With a particular strength in providing excellent outcomes for clients. The Legal 500 Guide recognises Jonathan in their Hall of Fame. A category reserved for law firm partners who are at the pinnacle of the profession.
Best Lawyers has recognised Jonathan as one of the best legal talents in the world since 2009.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1992
Experience
- Poppelston Allen (1997 - Present)
- Geldards (1995 - 1997)
- Eversheds (1994 - 1995)
Membership
- British Institute of Innkeeping
- Institute of Licensing
Qualification
- LLB Hons (1989)
Education
- Newcastle-under-Lyme High School (1979 to 1986)
- Sheffield University (1986 to 1989)
- Chester Law College (1989 to 1990)
11 Contributions by Jonathan 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
Insolvency and premises licences: avoiding lapse, interim authority and transfer under the Licensing Act 2003 (England and Wales)
Liquor licences for R&I professionals
What is the main legislation governing this area?
The Licensing Act 2003 (LA 2003) sets out, regulates and controls the provision of licensable activities in England and Wales (separate legislation applies in Scotland and Northern Ireland). Under LA 2003, the activities that require authorisation include the following:
the retail sale of alcohol
the supply of alcohol by, or on behalf of, a club to a member of the club, or to the order of that member
the provision of late night refreshment (hot food and/or hot drink supplied between 23.00 and 05.00)
the provision of regulated entertainment (which encompasses music, dancing, exhibition of films, performances of plays, indoor sports events, and boxing and wrestling, subject to various exemptions depending upon the nature and timing of the entertainment, the size of the audience, and whether music is amplified)
Premises licences are issued by the local authority for the area in which the premises is situated and they attach to the particular building/place for the relevant licensable activities being carried on. For businesses operating across multiple sites, there must be a separate licence for each individual premises where licensable activities are provided...
Restructuring & Insolvency
PRACTICE NOTES
Licensing Act 2003 (England and Wales): conditions on premises licences and club premises certificates, including mandatory, proposed, imposed, music, TENs, prohibited, compliance and enforcement
This Practice Note outlines three types of conditions that may apply to a premises licence under the Licensing Act 2003 (LA 2003): mandatory, proposed and imposed. It explains these in detail, and highlights conditions that are not permitted.
Types of conditions
LA 2003 permits conditions to be attached to a premises licence or a club premises certificate in three situations, namely:
mandatory conditions — conditions that must be included on a premises licence or club premises certificate in the circumstances specified;
proposed conditions — including conditions suggested by an applicant or the holder of a premises licence or club premises certificate, and those regarded as consistent with the operating schedule accompanying an application; and
imposed conditions — conditions the licensing authority considers appropriate for promoting the licensing objectives, after receipt and consideration of relevant representations at a hearing (unless all parties agree that a hearing is unnecessary).
Conditions can also be attached to a standard temporary event notice (TEN), though only in limited circumstances. See Practice Note: Temporary Event Notices (TENs).
Mandatory conditions
The Secretary of State may prescribe specific conditions relating...
Local Government
PRACTICE NOTES
Licensing Act 2003 (England and Wales): Licensing Authorities’ Duties, Committees, Delegation and Hearings—Policy, Procedure, Best Practice and Remote Hearings
This Practice Note explains the law and procedure concerning the obligations and responsibilities of a licensing authority under the Licensing Act 2003 (LA 2003). It sets out the need for a licensing authority to create a licensing committee to discharge its licensing functions, together with the discretion for that committee to appoint one or more sub-committees so as to delegate the majority of those licensing functions. It also includes practical advice on best practice for licensing committees and/or sub-committees on planning and running hearings, and on avoiding common pitfalls encountered in practice. A licensing authority should be well versed in LA 2003 as interpreted by the courts, the relevant regulations made under LA 2003, the statutory guidance, and its own statement of licensing policy. It must likewise observe and adhere to the rules of natural justice; particularly for hearings, where it must act:
fairly
objectively
impartially
without any bias
For further guidance on local authority decision making, see Practice Note: Key considerations in local authority decision making.
What are the duties and responsibilities of a licensing authority?...
Local Government
PRACTICE NOTES
Licensing Act 2003: Alcohol, Regulated Entertainment and Late Night Refreshment—Licences, TENs, Variations, Transfers, Reviews, Closure Powers, EMROs, Levies and Appeals (England and Wales)
This Practice Note outlines the application, purpose, content and framework of the Licensing Act 2003 (LA 2003) as it applies in England and Wales.
The requirement for authorisation
LA 2003 makes it a criminal offence to carry out, or to attempt to carry out, any licensable activity on or from premises without the requisite authorisation. On summary conviction, the maximum sanction is:
imprisonment for up to six months
an unlimited fine
or both
See Practice Notes: Summary of offences under the Licensing Act 2003 and Children and alcohol offences under the Licensing Act 2003.
Licensing authorities
The duty to grant and review premises licences sits with the relevant licensing authority, being the local authority for the area in question. Each licensing authority must form a licensing committee of not fewer than ten and not more than fifteen members of the authority, with specified functions capable of delegation to sub-committees or to officers...
Local Government
PRACTICE NOTES
Licensing Sex Establishments in England and Wales: Definitions, Local Authority Powers, Sexual Entertainment Venues, London Hostess Bars, Application Process, Grounds, Conditions, Advertising Requirements, Objections, Duration, Fees, and Revocation
This Practice Note summarises the law on licensing of sex establishments across England and Wales, together with London-specific variations. It also describes enforcement powers and how local policies are applied to oversee these establishments.
What is a sex establishment?
The Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), as amended, recognises four distinct categories of ‘sex establishment’:
sex cinemas
sex shops
sex entertainment venues (following amendments introduced by the Policing and Crime Act 2009)
hostess bars (following amendments introduced by the London Local Authorities Act 2007 (LLAA 2007))
Hostess bars are confined geographically to Greater London.
Sex cinemas
A sex cinema is any premises, vehicle, vessel or stall used to a significant extent for showing moving pictures, however produced, that are principally concerned with portraying, or primarily deal with or relate to, or are intended to stimulate or encourage sexual activity; or acts of force or restraint associated with sexual activity; or that are chiefly concerned with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretory functions. The content and nature of the film are key...
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
Offences, defences and penalties under the Licensing Act 2003: time limits, enforcement and sentencing (England and Wales)
Offences under the Licensing Act 2003
All offences created by the Licensing Act 2003 (LA 2003) are summary-only, meaning they are heard solely in the magistrates’ court. Ordinarily such matters must be brought within six months of commission (Magistrates’ Courts Act 1980, s 127), but LA 2003, s 186(3) provides that, for these offences, the deadline to lay an information runs to twelve months from the date of the offence. Proceedings are commonly commenced by postal requisition. Licensing Authorities, the police, or the local Weights and Measures Authority may prosecute any LA 2003 offence. In addition, the court may order the forfeiture of a personal licence or suspend it for up to six months, and can also direct the forfeiture of any goods involved (eg alcohol). Following conviction for a relevant offence within LA 2003, s 113(1), the police may object to any application for a personal licence, and the Licensing Authority must convene a hearing to determine whether the applicant should be granted a personal licence...
Corporate Crime
PRACTICE NOTES
Regulated Entertainment under the Licensing Act 2003: Definitions, Authorisations, Deregulated Exceptions, Music Provisions, Cross-Activity Exemptions, Conditions and Reviews (England and Wales)
This Practice Note outlines what amounts to regulated entertainment, the permitted exceptions within the framework, and the general considerations a licensing authority applies when reviewing an application. It also describes when specific exemptions from regulated entertainment arise under the cross activity exemption for health care providers, local authorities and school proprietors. Providing regulated entertainment is both a licensable activity and a qualifying club activity under the Licensing Act 2003 (LA 2003). To offer regulated entertainment, premises must hold one or more of the following authorisations:
a premises licence
a club premises certificate
a temporary event notice
What constitutes the provision of regulated entertainment?
The types of entertainment identified in LA 2003 are not licensable unless the following conditions are fulfilled:
the entertainment is provided for members of the public or a section of the public
exclusively for members of a qualifying club (as defined under LA 2003), or for the members of such a club and their guests, or
in any other...
Local Government
PRACTICE NOTES
Sex Establishment Licensing under LG(MP)A 1982 Sch 3: Conditions, Offences, Powers of Entry, Sentencing and Appeals
This Practice Note sets out guidance on the regulation of sex establishments under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), as updated by the Policing and Crime Act 2009 (PCA 2009). It summarises the criminal offences arising from non-compliance and the penalties available on conviction.
What is a sex establishment?
LG(MP)A 1982, Sch 3, as amended by PCA 2009, s 27, introduced a further type of sex establishment, the ‘sexual entertainment venue’, alongside the existing ‘sex shop’ and ‘sex cinema’. Sex establishments are defined in LG(MP)A 1982, Sch 2. There are four categories of sex establishments:
sex shops
sex cinemas
sexual entertainment venues
hostess bars
Sch 3 to LG(MP)A 1982 empowers a council to grant licences for these premises. The requirements for applying are set out in Sch 3, para 10. When considering an application for a sex shop licence, the authority may take all relevant matters into account, including late objections, but fairness requires that the substance of any representations it proposes to consider is communicated to the licence applicant so that he...
Local Government
PRACTICE NOTES
Under-18 alcohol offences under the Licensing Act 2003: sales, supply, permitting, persistent sales and purchase—time limits, defences, sentencing and alternatives (England and Wales)
This Practice Note provides an outline of the principal offences relating to the sale of alcohol to under‑age children under the Licensing Act 2003 (LA 2003). For general information on alcohol licensing, see: Licensing of alcohol and entertainment—overview. It highlights the principal legal provisions governing such sales.
The children and alcohol offences
LA 2003 establishes a wide array of child‑related alcohol offences that may arise in practice. The most common are the following, set out below:
sale or supply of alcohol to children
permitting the sale or supply of alcohol to children
persistently selling alcohol to children
purchase of alcohol by or on behalf of children
Note, however, that purchase of alcohol by or on behalf of children under LA 2003, s 149 is rarely prosecuted in practice. All offences under LA 2003 are summary‑only matters that can be tried only in the magistrates' court, with some exposing offenders to an unlimited fine and/or imprisonment (see Practice Note: Summary of offences under the Licensing Act 2003).
Time limits for bringing proceedings
The period for commencing proceedings for offences under LA 2003 is 12 months from the date of the offence (as opposed to the usual six‑month time limit for summary‑only offences)...
Corporate Crime
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