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What’s on this page?
This page is divided into four parts:
The Licensing Act 2003, which tells you briefly about the new Act and why West Sussex Drug & Alcohol Team is involved with it.
What is in the new Licensing Act which tells you about the new sorts of licences and provides you with some links for more information
How can I find out more? which contains links to statutory Licensing Policies not only for the local authority areas in West Sussex but also to those in the rest of Sussex and in those areas of Hampshire and Surrey that border with West Sussex.
Please note that West Sussex DAAT are not responsible for the content or maintenance of any external web site and that the web links on this page are only intended as a guide or helpful resource. For further information please see our privacy policy.
The Licensing Act 2003
The Licensing Act 2003 started to come into force on 7 February 2005, on something called the First Appointed Day. By the end of this year (probably November, but this isn’t yet fixed), on the Second Appointed Day, it will be the only legislation dealing with the licensing of pubs, clubs, cinemas, theatres, and late-night refreshment.
The West Sussex Drug and Alcohol Action Team are involved because of our work with the seven Crime and Disorder Reduction Partnerships in West Sussex, and through the National Alcohol Harm Reduction Strategy (now re-named the Alcohol Harm Reduction Strategy for England) which was published on 15 March 2004 by the Cabinet Office Strategy Unit.
The Licensing Act 2003, received Royal Assent in July 2003, and builds on work in the late 1990s, especially a White Paper, Time for Reform, published in March 2001. In section 4 of the The Licensing Act there is an explicit and significant partnership agenda attached to so-called Licensing Objectives which will involve both the Drug & Alcohol Action Team as well as the Crime & Disorder Reduction Partnerships in West Sussex.
By law every application for a Premises Licence under the Licensing Act, and every Licensing Policy will have to address the four Licensing Objectives:
Prevention of crime and disorder
Public Safety
Prevention of public nuisance, and
Protection of children from harm
Apart from the Act itself, the Department of Culture, Media and Sport issued statutory Guidance under Section 182 of the Act in July 2004. This Guidance provides some fairly clear indication about how the government expects that the Licensing Act will be put into practice, and this includes the Licensing Objectives.
Some idea of the workload involved in administering these new approach to licences can be found in the DCMS Statistical Report on Licensing, October 2004. However, whilst data is given for Sussex licensing areas, these are based on Magistrates’ Courts Divisions rather than the new Licensing Authority boundaries, so comparison is not always easy.
Current licensed premises by type in West Sussex
Worthing
Mid-Sussex
Horsham
Crawley
Chichester
Arun
Adur
Key:
Restaurant/residential
Club
Off License
On License
What’s in the new Licensing Act?
By all accounts the Licensing Act is going to lead to some fairly dramatic change in the entertainment industry, but just what sort of change, and to what extent it will affect people and communities is still open to (sometimes fierce) debate.
In some quarters the new licensing regime is referred to as “deregulation”, with expectations of 24 hour drinking, licensed premises springing up all over the place, and consequential impacts on crime and disorder. This still very much reflects some media comment as the Licensing Bill passed through Parliament.
If everyone involved with the new Act takes a totally “hands off” approach, then this worst case scenario might just possibly arise. But, it is also the case that there are plenty of regulatory powers available and those groups representing parts of the entertainment industry are still concerned that licencees may be even more constrained in the future than they have been in the past. In any case, new police (and, potentially, local authority) powers to close licensed premises are extended beyond those already available under the Anti Social Behaviour Act. The new statutory Guidance under Section 182 of the Act contains a great deal on how the Government expects these new closure powers to be used.
Similarly, for the first time licensing law makes specific provision for having someone actually present in the premises and responsible for them: the Designated Premises Supervisor. Personal Licence holders will also be required to undertake accredited training, and every applicant for a Premises Licence will have to complete something called an Operating Schedule. This Schedule is, in essence, a risk assessment and is likely to be much more searching than has been the case in the past. The Operating Schedule completed by every applicant for a Premises Licence under the new Act must show how they intend to meet and support the four Licensing Objectives.
Every Licensing Policy includes the four Licensing Objectives:
Prevention of crime and disorder
Public Safety
Prevention of public nuisance, and
Protection of children from harm
But, as well as these, the statutory Licensing Objectives, the statutory Guidance under Section 182 of the Act suggests that other matters can be included in Licensing Policies. These include things like:
Planning issues where they directly affect the Licensing Objectives
Powers of local authorities to prohibit street drinking
Police use of fixed penalty notices for minor disorder
Confiscation of alcohol
Police powers to close licensed premises, and
Police powers to seek a review of a Licence or certificate.
The statutory Guidance also contains some other “desirable” aspects of policy, and these can then become conditions on licensees: “Safer Clubbing” is one of these, as is the provision of trained door supervisors.
A major change included in the Licensing Act involves new administrative processes attached to the issue and control of licences. These will be the responsibility of new Licensing Authorities (a Licensing Authority will be a District, Borough or Unitary Council). And just as the Licensing Objectives are important for applicants for Premises Licences, they will also underpin many of the decisions of the Licensing Authority.
All Licensing Policies have to comply with the requirements of the Licensing Act 2003. Each local authority area that acts as a Licensing Authority has to bear in mind not only the contents of the national Guidance, but also has to take account of the views of local communities in preparing its own policy. The seven Licensing Policies for West Sussex can be found on the West Sussex DAAT website, or downloaded from their respective local authority websites (see How can I find out more? below). Whilst they may have many similarities they are by no means identical. The way in which the Licensing Policy is written affects not only conditions attached to licences in that Authority’s area, but also the decisions that it takes in respect of licensing applications.
The range of licences being issued by the new Licensing Authorities will be smaller that those that used to be issued by Magistrates’ Courts and Local Authorities. When the Act comes fully into force Courts will only being involved in appeals against decisions of Licensing Authorities. Four types of licence are involved:
Premises Licence
Personal licence
Temporary Event Notice, and
Club Premises Certificate
Estimated New licences
Licensing Authority
Premises Licence
Personal Licence
Adur
125
230
Arun
500
500-1000
Chichester
700
500
Crawley ( inc. Gatwick)
270
450
Horsham
450
1000
Mid Sussex
400
800
Worthing
380
600
The licensing websites for West Sussex can be found by clicking on the relevant area on the map below:
How can I find out more?
Please note that downloadable files are in PDF format and may, in some case, be large and therefore slow to download.
Which Licensing Authority do I have to go to?
Each Licensing Authority takes its own decisions, so if you want to apply for a licence under the new Act you have to go to the Authority for that area. If you want to know about the Licensing Policy for the area in which you live, go to your own District, Borough or Unitary Council. If you want a Premises Licence, then you have to apply to the Licensing Authority for the area in which your premises are situated. Likewise, if you want one of the new Temporary Event Notices (after the Second Appointed Day, probably November 2005), you should apply to the Licensing Authority that covers the area where your event is going to take place. The new Personal Licences, however, can be used nationally once they are issued, but for most people their first port of call should be the Licensing Authority in the area in which they live.
I want to find out more about my local Licensing Policy:
If you live in West Sussex click on your local authority’s name below:
I want to ask a question about some aspect of the new licensing law:
Because each Licensing Authority has its own Licensing Policy, you should contact the one that has jurisdiction ( see Which Licensing Authority do I have to go to? above)
I have a general question about the new licensing law or want some information about national licensing policy:
I represent a group that runs small events using Occasional Licences or Occasional Permissions. I want to find out how the new Licensing law will affect us:
The new Licensing Act contains a provision for what it calls Permitted Temporary Activities, and if your event falls into the definition of these sorts of events you will be able to apply for something called a Temporary Events Notice. The DCMS website has a page all about these; you can access it by clicking here.
But, Temporary Event Notices won’t be issued for anything happening before what the Act calls the Second Appointed Day (probably to be in November 2005). Until then the existing system of Occasional Licences or Occasional Permissions issued by Magistrates Courts continues. The DCMS has issued an information sheet to be given out by Magistrates Courts to those applying for Occasional Licences or Occasional Permissions during this year. If you want to see a copy of this, click here
I live outside West Sussex. Does it matter where I go to find a Licensing Policy? Surely all Licensing Policies are the same?
As well as the Licensing Policies for West Sussex, and links to West Sussex licensing webpages above, there are links to the licensing webpages for local authorities in the rest of Sussex, and those parts of Hampshire and Surrey that border West Sussex below.
Clicking on the local authority’s name should, in most cases, take you to a specific page on their website that covers the Licensing Act and allow you to see or download a copy of their Licensing Policy. (Last updated
August 29, 2007
)
