Licensing Act 2003 -
Licensing Laws
The London Borough of Newham is
responsible for the licensing of regulated activities under the
Licensing Act 2003.
The activities that need to be licensed
are:
- The sale by retail of alcohol
- The supply of alcohol by or on behalf of a club to, or to the
order of a member of the club
-
The provision of late night refreshment (the supply of hot food
or drink from a premises between 11pm and 5am)
- The provision of regulated entertainment
Regulated entertainment requires a licence when it is performed in
front of an audience and includes the following:
- Performance of a play
- Exhibition of a film
- Indoor sporting event
- Boxing or wrestling entertainment (indoors and outdoors)
- Performance of live music (not incidental music ie. Background
music in a supermarket)
- Playing of recorded music
- Performance of dance
- Provision of facilities for dancing
- Provision of facilities for making music
The purpose of the licensing law is to promote the four 'licensing
objectives';
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Current licence holders may apply to vary their licences (eg to
extend the opening hours, remove restrictions or add new licensable
activities).
Local residents and local businesses can raise
representations (objections) about applications.
People who live in the vicinity of premises and
local businesses in the vicinity have a right to make
representation about an application for a new premises licence or
club premises certificate or if an application is made to vary the
licence or certificate. The objection must relate to one of the
four 'licensing objectives'.
Frequently asked questions
How will I know that an
application has been made?
There will be a pale blue notice displayed
prominently on the exterior of the premises and a notice will be
published in one edition of a local newspaper.
The details will also be available at the Licensing Team Office
during normal office hours (10am - 4pm, Monday to Friday).
What do I need to do if I wish to make
representation?
You must write to:
Licensing Team
1st Floor Town Hall Annexe
330-354 Barking Road
East Ham
London
E6 2RT
You should state:
- Your name and address (inc signature and date)
- The name and address of the premises about which you are making
representation
- The licensing objective(s) that you think will not be met if
the application is granted and the problems you believe will be
caused if the licence were granted
- The reason(s) for your view and any evidence in support
- Your daytime telephone number (if possible) so that Council
Officers can discuss the matter with you if necessary
- The date by which your representation must be received will be
given in the notices. If your representation is received after this
date it cannot be considered. You should be aware that the
applicant will normally be given a copy of all representations
received. The Licensing Act 2003 encourages discussion between
applicants and objectors to try to resolve issues of concern
- If you wish to submit a petition we recommend that you contact
the Licensing Team regarding the format
Who else is consulted about the
application?
The application is automatically sent to the seven Responsible
Authorities:
- Metropolitan Police
- London Fire Brigade
- Noise and Nuisance Team
- Environmental Health - Health & Safety Team
- Development Control Unit
- Trading Standards & Consumer Protection Unit
- Childrens Services
View Licensing Applications online through our
Public Access web service
What happens if I make a
representation?
The Licensing Authority will check that your representation can be
accepted under the Licensing Act 2003. If it cannot, you will be
notified of the reason why.
If it is not possible to resolve the matter between the applicant
and those raising relevant representations, the Licensing Authority
will call a hearing of the Licensing Sub-Committee to determine the
application. Notice of the hearing will be given and those raising
relevant representations will be invited to attend and address the
Sub-Committee.
Those attending may be asked questions. The Councillors on the
Sub-Committee will weigh up the information presented to them at
the hearing and will make a decision as to whether the application
should be granted and, if so, whether any additional conditions
need to be attached to the licence.
Can I complain if I am unhappy
about a decision to grant an application?
Yes, if you made a relevant representation you could
appeal in writing to:
Stratford Magistrates' Court
The Court House
389-397 High Street
Stratford
London E15 4SB
(Map of location)
You would do this if you wanted to contest the Licensing
Authority's decision. However, you should note that, unlike the
hearing at the Council, the Magistrates are able to award costs
against the unsuccessful party. The applicant can also appeal to
the Magistrates' Court if the application is refused or additional
conditions are attached. If this happens and you made
representation against the application, you may also need to attend
the new hearing at the Magistrates' Court.
What happens if there is a problem at licensed
premises?
Any problems relating to crime and disorder should
be reported to the Police. Complaints about noise or public
nuisance can be directed to the Noise and Nuisance Team on Tel 020
8430 2000 (please choose option 7 'Noise and ASB'). The team have
officers available to visit and investigate your complaint up until
4am, seven days a week. Any other complaints regarding licensed
premises or premises you believe require a licence should be made
to the Licensing Team.
Where can I get more information about the Licensing Act
2003?
You can contact our Licensing Team on 020 8430
6509
The department
for culture, media and sport website has further information,
including links to the legislation and regulations, their
newsletter 'Licensing Countdown' and a section with frequently
asked questions.