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Saturday , November , 18 2017

Alcohol and Entertainment

Under the Licensing Act 2003 a premises licence is required for any of the following:

  • Retail sale or the supply of alcohol
  • Performance of a play
  • Exhibition of a film
  • Indoor sporting events
  • Boxing or wrestling events
  • Performing live music (exemptions apply)
  • Dancing (exemptions apply)
  • Supplying hot food or drink between 11.00pm and 05.00am

Carlisle City Council is the licensing authority for its area, dealing with all licensing functions relating to the above-mentioned activities. The Council must have regard to the Government's statutory guidance when dealing with its licensing responsibilities and has been required to prepare a Licensing Policy, which explains the factors that the Council will consider when examining applications for licences and for monitoring compliance with licence conditions. The Act, the statutory guidance and the policy seek to achieve four main objectives, which have equal importance;

  • Prevention of crime and disorder
  • Prevention of public nuisance
  • Protection of public safety
  • Protection of Children from Harm

Premises licences

The principal category of those who can apply for a premises licence is anyone who proposes to carry on a business involving licensable activities on the premises. This covers any individual (aged at least 18) or companies, unincorporated bodies, partnerships, etc. Recognised clubs, charities, a proprietor of educational establishments, health service bodies and a chief officer of police may also apply for a premises licence.

If you apply for a Premises Licence you must also appoint a ‘Designated Premises Supervisor’ (DPS) who must hold a Personal Licence to sell alcohol. The DPS will be in day to day control of the premises and be the person named on the premises licence. It is illegal to sell alcohol without an appointed DPS.

You are advised that you should check the planning permission for your premises by emailing [email protected]. Any change in the use of a property will require planning permission. Further information on planning permission can be found at:

www.carlisle.gov.uk/Residents/Planning-and-Building-Control

Businesses which sell beverages and / or associated food will need to register their premises with the Food and Public Protection section of this authority. In order to do this a copy of the Food Premises Registration form can be downloaded from http://www.carlisle.gov.uk/Residents/Environmental-Problems/Food-Safety/Starting-or-Changing-a-Food-Business or obtained by telephoning 01228 817329.

Personal Licences

A personal licence can be granted to an individual and is now granted for an indefinite period.  A personal licence authorises the holder to supply alcohol, or to authorise the supply of alcohol, in accordance with a premises licence. The authority given by a licence issued by this Licensing Authority is not restricted to premises within the area of the Authority.

An applicant will be entitled to the grant of a personal licence if they meet the following criteria:

  • they are aged 18 or over;
  • they possess a licensing qualification accredited by the Secretary of State or are a person of a description prescribed by the Secretary of State;
  • they have not had forfeited a personal licence within 5 years of their application; and 
  • they have not been convicted of a relevant offence or any foreign offence (a conviction for a relevant offence or a foreign offence will be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974).

When an applicant has an unspent conviction for a relevant offence, the Licensing Authority will liaise with Cumbria Police. If they object to the applicant becoming licensed, the application will be referred to a Licensing Sub-Committee. At that hearing the Sub-Committee will consider carefully whether the grant of the licence will be in the interests of the crime prevention objective. It will consider the seriousness and relevance of any conviction(s), the period that has elapsed since the offence(s) were committed and any mitigating circumstances, but refusal of the application will be the normal course unless there are, in the opinion of the Sub-Committee, exceptional and compelling circumstances that justify granting the application.

Applicants for personal licences should disclose to the Licensing Authority any previous licences held by them.

A personal licence is required to authorise the sale of alcohol in any premises - including pubs, off-licences, restaurants and hotels.  Premises operating under a club premises certificate do not require a personal licence holder. You can apply for a personal licence to the council for the area in which you live. This will then be the council responsible for continuing to licence you, even if you move away from the area.

If a Person Licence holder is charged with a relevant offence, they have a duty to produce this licence to the court as soon as reasonably practicable.

The licence holder must also notify Carlisle City Council of any convictions as soon as reasonable practicable.

Under Deregulation Act 2015 the requirement to renew a personal licence was abolished from 1st April 2015 . this means that all existing Personal Licences will carry on indefinitely until such times that they are either surrendered or revoked. The expiry date no longer applies and therefore now has no relevance. However If you change your name or address you must also notify the Council as soon as reasonably practicable, in writing and return your paper licence and card to us together with the appropriate fee of £10.50. You will then be issued with an updated licence. It is an offence not to do so.

Apply online

 

 

  Licensing: entertainment and Alcohol - FAQ

Application Evaluation Process?

 

Applications must be sent to the licensing authority for the area where the premises are located. In the case of Carlisle it is: Licensing Section, Governance Directorate, Carlisle City Council, Civic Centre, Carlisle CA3 8QG

Applications must be in a specific format and be accompanied by any required fee (exemption of fees may apply for applications in respect of regulated entertainment only for schools, colleges, churches, community halls or similar buildings).

An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).

Applicants will be required to advertise their application and to give notice of the application to the Responsible Authorities, e.g. Chief Officer of Police and Fire and Rescue Service.

A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.

Carlisle City Council will serve a notice of its decision on the applicant, any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious) and the chief of police.

Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.

Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.

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