Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Licence definition

What does Licence mean? A licence is permission, granted by contract or law, to do something that would otherwise be unlawful, without creating a proprietary interest. In practice, lawyers most often see: licences over land (a personal, usually non‑assignable permission—often a contractual licence—to occupy or use property, distinguished in case law from a lease and generally revocable subject to contract and proprietary estoppel); intellectual property licences (permission to use copyright, trade marks or patents on agreed terms); and regulatory licences. Regulatory use varies across the UK and Ireland. In England and Wales, the Legal Services Act 2007 requires an Alternative Business Structure (ABS) to hold...

Authorising live music: premises licences, club premises certificates, TENs, licensing objectives, conditions, offences, defences and enforcement (Licensing Act 2003, England and Wales)

Published by a LexisNexis Local Government expert

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 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...

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Nicola Smith

Squire Patton Boggs

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...

Jonathan Smith

Poppleston Allen

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...

Web page updated on 21/05/2026

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