Poppleston Allen
3 Experts
15 Contributions by Poppleston Allen Experts
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
This Practice Note
This Practice Note examines what falls within the meaning of a gaming machine under the Gambling Act 2005 (GA 2005) and the offences that may arise where contraventions occur. It further addresses the operation of lotteries, including the distinction between simple and complex lotteries, the rules on lottery promotion, exempt lotteries, and offences resulting from breaches of the statutory provisions. Under GA 2005, a gaming machine is a device designed or adapted for individuals to gamble, whether or not it also serves other purposes. The High Court has held that poker terminals available in public houses are gaming machines because they enable play of a game of chance for a prize; they were recognisably capable of generating a chance on which a prize might be awarded. By contrast, equipment not designed or adapted for gambling—such as skill machines where the outcome
Local Government
PRACTICE NOTES
This Practice Note outlines the Gambling Commission’s regulatory remit and its investigative and enforcement powers, deployed to ensure the three licensing objectives are upheld.
Gambling Commission investigations
The Commission supervises the commercial gambling industry throughout Great Britain.
Under section 23 of the Gambling Act 2005 (GA 2005), it must prepare a statement setting out the principles to be applied when exercising its functions under that Act.
It has published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005, which sets out its regulatory policies for undertaking compliance activities.
This policy is reviewed regularly and was updated on 12 September 2023.
In performing its functions, the Commission is under a duty to pursue and have regard to the licensing objectives in GA 2005, s 1:
preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to
Local Government
PRACTICE NOTES
This Practice Note sets out when a premises licence is needed to authorise gambling activities. It outlines the categories of premises licences for each activity, the eligibility criteria, and the route to the licensing authority from submission and advertisement through to any hearing. It details the mandatory conditions attached to a premises licence, as well as discretionary conditions. It also addresses provisional statements and appeals against decisions of the licensing authority.
A premises licence is required to provide gambling facilities at:
casino premises
bingo premises
betting premises, including tracks and premises used by betting intermediaries
adult gaming centres
family entertainment centres
Other than for a track, a premises licence cannot be granted if a premises licence already has effect for the same premises.
A track includes:
a horse-race course
a dog track
other premises where races or sports events take
Local Government
PRACTICE NOTES
This Practice Note outlines the situations in which the various types of club (members’, commercial and miners’ welfare clubs) may provide gaming and gaming machines without a permit. It describes the limits of these exemptions, when a permit is needed by a club, how to apply, and how decisions are reached. It also sets out when alcohol licensed premises may provide gaming and gaming machines by relying on the alcohol licence where certain conditions are met and appropriate notice is given, when exemptions can be removed, and how determinations can be challenged. It looks at rules on bingo in pubs and clubs and when a travelling fair can provide gaming without specific authorisation.
Clubs
There are distinct provisions controlling gaming and gaming machines supplied by clubs, alcohol licensed premises and travelling fairs, in addition to the framework that permits gambling facilities under operating and
Local Government
PRACTICE NOTES
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
Restructuring & Insolvency
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
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:
Local Government
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
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
Corporate Crime
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
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
Corporate Crime
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