In more detail
A license is a permit which is issued by an authority to own or use something, do a particular thing, or carry on a particular trade etc. The following activities are regulated by your local council in line with policies which they publish and consult on (within the framework set by Parliament). Which means, if these activities are a problem in your neighbourhood, then you may be able to use your council’s licensing system (rather than the planning system) to address them:
- Licensed Premises and Clubs - which serve hot food and/or alcohol and may provide entertainment like dancing and live music (see below)
- Sex Clubs - which include lap and pole dancing venues, strip shows, peep shows and live sex shows. Venues providing these forms of entertainment (unless infrequently) can be required to be licenced as sexual entertainment venues. A council Sexual Entertainment Venue policy spells out the terms and details of how this is achieved in the same way as the council’s Licensing Policy applies to other licensed premises.
- Sex Shops and Cinemas - have to be licensed under the Local Government (Miscellaneous Provisions) Act 1982.
- Gambling Premises – the Gambling Act 2005 requires premises including gaming centres, betting shops, casinos and bingo halls to have a Gaming Premises Licence issued by the council. Other venues with gaming machines etc may need a gaming permit.
- Scrap metal dealers
- Skin piercers – includes tattoo parlours, acupuncturists and electrolytic hair removal as well as cosmetic ear and body piercers.
- Taxis and private hire vehicles.
Licensed Premises
Licensed Premises – anywhere which is used for the retail sale of alcohol; supply of alcohol to club members; to provide a ‘regulated entertainment’ (which includes plays, films, indoor sporting events, boxing or wrestling, dance performances, performance of live music and playing recorded music); or to provide of public late night refreshment (hot food or drink for consumption on or off premises between 11pm and 5am, including mobile vans etc) requires a Premises Licence (or a Temporary Events Notice or a Personal Licence). Operating conditions can specify a limited duration for the licence. If the conditions do not set a time limit, then the licence is valid indefinitely, on payment of an annual fee, until it is revoked, lapsed or surrendered.
Members’ Clubs have an equivalent type of licence – the Club Premises Certificate – which allows these activities on club premises.
Licensing Committee
A committee of councillors, called the Licensing Committee (or something similar) amkes decisions about granting licences. It is a non-Executive committee of the council which works in a similar way to the council's planning committee. The decisions it makes are based on law, local policy and on the basic requirement of the council to look after local economic, social and environmental wellbeing (rather than on the basis of politics).
Statement on Licensing Policy
The Licensing Act 2003 requires Licensing Authorities (which are local councils) to issue an Statement of Licensing Policy. The law also says that councils must consult publicly on this policy and review it regularly, for example every 3 years. The Statement of Licensing Policy must further the objectives of licensing which are: to prevent crime and disorder; public safety; to prevent public nuisance; and to protect children from harm. As well as explaining how the council will further these objectives through its licensing role, the policy can set out:
- how the council relates its licensing and planning functions
- the processes for granting licenses and for enforcement action
- the ways in which residents can make representations and petition in relation to licensing matters
- the arrangements for reviewing licenses
- licensing of open spaces
- policy on issuing temporary licenses and personal licenses.
- Temporary licenses and personal licenses are alternatives to premises licenses.
Designated Public Place Orders
In addition to the licensed activities above (and others which may be licensed in some areas), the Criminal Justice and Police Act 2001 gives councils powers to issues Designated Public Place orders. These are used to create alcohol restricted areas – which may also be called alcohol restricted areas, controlled drinking zones etc. It is an offence to drink alcohol in one of these areas after having been requested not to do so by a police officer.
| Key Facts:
Activities which require a licence from the council include running hot food establishements, retail sale of alcohol, live music, sex clubs and sex shops, gambling premises, scrap metal yards, tatoo and skin piercing parlours and taxis and minicabs. As well as making decisions on whether to license these activities on a site by site basis, the council must consult on its licensing policy. |
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BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.
| created: 2016-06-02 10:37:28 | by: admin | status: f published |