Alcohol Licensing in England and Wales: Key Issues

National Licensing Week:

Alcohol Licensing in England and Wales: Key Issues and How a Solicitor Can Help

Alcohol licensing in England and Wales is primarily governed by the Licensing Act 2003. The regime controls the sale and supply of alcohol, the provision of regulated entertainment, and the provision of late-night refreshment. It applies to a wide range of premises and activities, including pubs, bars, restaurants, hotels, shops, clubs, festivals and temporary events.

The purpose of the regime is to ensure that licensed activities are carried out responsibly and in a way that promotes the four licensing objectives:

1. the prevention of crime and disorder;
2. public safety;
3. the prevention of public nuisance; and
4. the protection of children from harm.

Businesses and individuals involved in alcohol sales must understand both the application process and the ongoing obligations that apply once a licence is granted.

Key Types of Alcohol Licensing Authorisation

Most alcohol licensing matters involve one or more of the following:

• Premises licences – required for premises where alcohol is sold or supplied, regulated entertainment is provided, or late-night refreshment is offered.
• Personal licences – required for individuals who authorise alcohol sales. A premises licence permitting alcohol sales must usually have a designated premises supervisor, known as the DPS, who holds a personal licence.
• Club premises certificates – used by qualifying members’ clubs.
• Temporary event notices – commonly known as TENs, used for short-term events involving licensable activities.

Each authorisation has its own procedural requirements, consultation periods and potential grounds for objection.

Common Alcohol Licensing Issues

Alcohol licensing problems often arise where businesses underestimate the detail and ongoing nature of compliance. Common issues include:

• objections to new premises licence applications or variations;
• disputes over opening hours, outdoor areas, noise and customer dispersal;
• complaints from residents or responsible authorities;
• police or environmental health concerns;
• sales of alcohol to underage or intoxicated persons;
• failure to comply with licence conditions;
• operating outside permitted hours;
• inadequate CCTV, staff training or incident records;
• changes in ownership or management not being dealt with correctly;
• problems with the designated premises supervisor;
• temporary event notices being refused or challenged;
• licence review proceedings following alleged breaches; and
• suspension or revocation of licences.

These issues can have serious commercial consequences, particularly where a business depends on alcohol sales as a core part of its operation.

How a Solicitor Can Help

A solicitor can assist at every stage of the licensing process, from planning a new venture to responding to enforcement action.

Common areas of assistance include:

• advising on the correct licence or authorisation required;
• preparing and submitting premises licence applications;
• drafting operating schedules that address the licensing objectives;
• assisting with licence variations, transfers and changes of DPS;
• preparing and submitting temporary event notices;
• liaising with the police, environmental health and other responsible authorities;
• negotiating appropriate and proportionate licence conditions;
• responding to objections and resident concerns;
• representing applicants or licence holders at licensing sub-committee hearings;
• advising on compliance with licence conditions;
• assisting with internal policies, staff training and due diligence systems;
• responding to enforcement visits, warning letters or review applications; and
• advising on appeals against licensing decisions.

Early involvement can be particularly valuable where a proposed premises is in a sensitive location, where later opening hours are sought, or where there is likely to be local opposition.

Conclusion

The alcohol licensing regime in England and Wales is designed to balance commercial activity with public safety, community interests and responsible alcohol sales. For businesses, it is essential to obtain the correct authorisation and to maintain compliance with licence conditions once trading begins.

A solicitor can help applicants and licence holders navigate the process, manage objections, engage with responsible authorities and protect the ability to trade lawfully and responsibly.

When things go wrong and an operator is in danger of having their licence reviewed the need for a solicitor to assist them is heightened as failure to understand the processes and present your case in the best way could lead to a loss of the licence and in turn a loss of livelihood.

If you need assistance with Licensing matters please contact David Darlington, Partner and experienced Licensing Solicitor on 01204 540910 or david.darlington@fieldingsporter.co.uk who would be more than happy to discuss your case.