Quicklinks
LATEST APPLICATIONS IN PROGRESS - NOTICES FROM 25 APRIL 2012
Notice of Application 007659 Dominos Pizza Sudbury.pdf
Notice of Application 007667 Bures Music Festival 2012.pdf
Notice of Application 007689 Suffolk Food Hall Wherstead.pdf
Notice of Application 007721 Long Melford Village Memorial Hall.pdf
LATEST NEWS
Important changes to Temporary Event Notice (TEN) procedures
Make sure you comply with the new requirements. Read about them here:
TENS Guidance for Applicants - April 2012.pdf
Licensing reforms implemented from 25 April 2012
From 25 April 2012 several key reforms were implemented that make significant changes to the Licensing Act 2003. Key changes include amendments to the Temporary Event Notice (TENS) system, including a new form and environmental health consultee role, as well as doubling of the fine for underage sales, responsibility authority status for Licensing Officers and removal of the 'vicinity' test for representations. Also the Primary Care Trust now become a responsible authority and should be served with copies of premises licence and club application (see responsible authority contact details document further down the page).
Queen's Diamond Jubilee and Olympics celebrations 2012
Street Fairs and Parties may require a Temporary Event Notice if licensable activities are involved. See the information on TENs further down this page. Central Government has issued further information for organisers of street fairs and parties - clicking on the link below will give you access to this information:
Street Party Guide & Information issued by Central Government
Temporary road closures for these activities are now administered by Suffolk County Council Highways Authority and you will need to contact them if road or street closure applies to your event (click on the link below for further information):
Suffolk County Council webpage - temporary road closures
You may also need to liaise with the relevant town or parish council.
The Secretary of State has also ordered that on-licensed alcohol premises can have extended hours for Jubilee celebrations without having to vary their licences or seek a TEN. Read here for more details:
Home Office media release - Jubilee longer opening hours
Cash payment and cashier desk facilities are no longer available at the Hadleigh Council Offices. Please arrange to pay licence fees via cheque or debit/credit card. To pay by card please call a member of the Licensing Team on 01473 826664 or 01473 826658.
Robust action taken by Babergh's Licensing Sub-Committee;
On 03 June 2011, Babergh's Licensing Sub-Committee considered a review application initiated by the Police in respect of Cornard United Football Club, Blackhouse Lane, Great Cornard. In finding significant management failings at the Club and a failure to promote the licensing objectives, elected members on the Panel issued a 'yellow card' to the Club and suspended its Club Premises Certificate (including alcohol and music) for the maximum 3 month period allowed and imposed six further conditions on the certificate - to take effect upon its reinstatement. Whilst the certificate was not revoked on this occasion, the Panel made it quite clear that any future review would almost certainly result in complete removal of the Club's licence permissions.
Qualification changes for new personal licence applicants:
From 1st April 2011 the accredited qualification for personal licence applicants will be changing to the Qualifications and Credit Framework (QCF) BIIAB Level 2 Award for Personal Licence Holders (APLH). Please note that applicants may still produce a NQF BIIAB Level 2 National Certificate for Personal Licence Holders (NCPLH) with a new personal licence application. The core content of both qualifications is the same.
Brantham publican prosecuted for unauthorised event:
Babergh District Council has welcomed the decision of Colchester Magistrates' Court on 2nd March 2011 to fine a Brantham pub landlord after finding him guilty of holding a live music event in a pub car park without having a licence to do so.
Click here for full media release:
Media Release
IMPORTANT: PLEASE USE THE CORRECT POLICE SERVICE ADDRESS
All Babergh District licence applications must be served to Stowmarket Police Station - whether it is a TEN, full premises application, variation, DPS change, transfer etc. The address you need is:
Stowmarket Police Station, Attn: Licensing Officer, Violet Hill Road, STOWMARKET, Suffolk IP14 1NJ
The service address you need for Environmental Health is Environmental Protection (TENS), Corks Lane, Hadleigh, IPSWICH, Suffolk IP7 6SJ
Remember - TENS should preferably be given at least 28 days before your event begins, including sending a copy to the Police and Environmental Health at the addresses above, to avoid any last minute issues over incorrect service. The fee remains £21.
....................................................................................................................................................
IMPORTANT INFORMATION ON NEW MANDATORY CONDITIONS FOR LICENSEES/MEMBERS CLUBS
Important changes have been implemented from April 2010 affecting all premises licences or club certificates with an ON sales/supply permission. Read more by clicking the link below:
Mandatory Conditions 2010: Summary for Licence/Certificate holders (PDF, 83kb)
Overview of the Licensing Act 2003:
The Licensing Act 2003 became fully implemented from 24 November 2005 - replacing six separate licensing regimes including the Licensing Act 1964. A single 'premises licence' (for public activities) or a 'club premises certificate' (for private members clubs) can now authorise any combination of the following activities:
- Supply of alcohol
- Plays
- Films
- Music (both live and recorded) and dancing activities
- Late night refreshment (hot food or hot drink between 11pm and 5am)
There is also a system of 'temporary event notices' (TENS) for premises and events not covered by a permanent licence. Limitations apply as to how TENS may be used.
In addition, a premises (not including private members clubs) licensed for the supply of alcohol must specify an individual as the 'designated premises supervisor' (DPS) who must hold a personal licence. Every supply of alcohol on licensed premises must be authorised by a personal licence holder. However, there is now an optional disapplication from these usual requirements, upon application, for qualifying community premises. This can allow a management committee as a body to take responsibility for authorising the supply of alcohol under the licence.
The Licensing Act 2003 is an evolving area of law and whilst every effort is made to maintain the accuracy and currency of the information accessible via this webpage, it does not nor is it intended to constitute authoritative legal advice. You should contact your own legal adviser if you need specific advice. Ultimately the Courts are responsible for interpretation of the law.
Application forms:
Some of the most frequently requested application forms are available below (in addition to the form you will normally need to refer to further information/guidance further down this page).
The following Temporary Event Notice form is to be used from 25 April 2012 and you must now serve the Environmental Protection Team with a copy in addition to the Police and Licensing Team (addresses as above or at end of the form). The fee remains £21.
Temporary Event Notice form (PDF version)
Temporary Event Notice form (Word version)
TENS Guidance for Applicants - April 2012.pdf
DPS variation form (with consent form) Word version
NEW premises licence application form (with DPS consent form) Word
DPS Consent Form only (Word)
The Word versions above can be downloaded and filled in electronically. To use: Right-click mouse button over the relevant application form link and choose 'Save Target As...'. You can then save the application form in an appropriate place on your computer and complete the form off-line at your convenience.
All application forms are available direct from the Licensing Team upon request or from the Home Office website by clicking the link below. This includes the new forms for 'Minor Variations' and 'Community Premises DPS Condition Disapplication':
Link to application forms at Home Office website
Alternatively,
Document library - guidance, advice and assistance (includes contact details):
The Licensing Team has produced the following documents for guidance and information. Please click on the relevant link to access the information your require.
Temporary Event Notices (TENS): A standard Temporary Event Notice must by law be received by the Licensing Team, Environmental Protection (also Babergh) and the Police a minimum of 10 working days before the event (not counting the day of the event or the day the notice is received). Please apply in good time to avoid disappointment as the Authority has no power to accept applications giving less notice. Saturdays, Sundays, Bank Holidays and Good Friday are NOT counted as working days.
Failure to correctly serve your Notice - on the Licensing Authority, Environmental Team or Police - will invalidate it.
Personal Licence Guidance Pack (PDF, 167kb)
Details and guidance on what you need to apply for a personal licence.
Personal Licence Holder Fact Sheet (PDF, 41kb)
Important facts to remember once you hold a personal licence.
Form for Personal Licence holder to notify a change of name or address (PDF, 56kb)
If you hold a personal licence, failure to notify a change of address or name change is normally an offence. Download this form to help you correctly notify relevant changes.
'Minor Variations' under the Licensing Act 2003 (PDF, 131kb)
A summary of the changes made to the law in July 2009 for the benefit of existing premises licence and club certificate holders. 'Minor' changes to licences may be made under these streamlined procedures but only where the licensing objectives would be unaffected.
Responsible Authority Contact and Service Details.pdf
These are the addresses you need to correctly serve your new or variation application.
(Pre-application discussion with these Authorities is recommended). Now includes PCT.
Plans Guidance Document (PDF, 288kb)
Help with providing an acceptable and compliant plan of your premises with your application.
Fees for Licensing Act 2003 Applications and Notifications (PDF, 45kb)
The fees for each type of licence or notice are set by Central Government. Payment by credit or debit card is acceptable - please contact the Licensing Team who will be happy to assist you pay by this method. Annual fees can also be paid by credit/debit card.
Community DPS Disapplication Guidance (PDF, 87kb)
Guide for managers of 'community premises' that sell alcohol on changes to the law allowing disapplication from usual DPS/personal licence conditions.
Making an effective Relevant Representation (PDF, 25kb)
Guide for local residents and businesses on how to comment about applications. From January 2010, changes to the law mean that elected Councillors of Babergh District Council are also now classed as 'interested parties' in their own right. If you require full details about a specific application in progress please contact the Licensing Team.
PRS for MUSIC Licensing
PRS licensing is separate from any permission obtained under the Licensing Act 2003, and is NOT administered by Babergh District Council. Please contact the Performing Rights Society via the link above to see if you need a PRS licence. Permission is normally required for any public performance of live or recorded music, and from radio/television broadcasts and online media.
Statement of Licensing Policy (effective 2011-2014):
This document informs all persons with an interest in the licensing process of the paramenters within which Babergh District Council will make licensing decisions (where its discretion is engaged) and advises on the legislative framework. The version below takes effect from 07 January 2011 for a period of three years (unless any sooner revision is required).
Please be aware that significant amendments to the Licensing Act 2003 via the Police Reform and Social Responsibility Act 2011 may necessitate further revisions to local policy in due course. In the interim the policy will be read alongside any new statutory provisions or guidance.
Please click on the link below to view the 2011-2014 'Statement of Licensing Policy':
Statement of Licensing Policy 2011-2014.pdf
This document refers to a multi-agency enforcement concordat and protocol, available separately. If you have concerns that a premises is unlicensed, or is breaching terms and conditions of a licence, then please contact a member of the Licensing Team. Serious matters such as crime, disorder or anti-social behaviour should be reported to the Police.
The scheme of delegations under the Licensing Act 2003 (as may be updated from time to time) is available via the link below:
Scheme of Delegations (Licensing Act 2003) (PDF, 100kb)
Useful resources for licence holders:
Electrocution Warning for Music Events (PDF, 25Kb)
A warning statement from the HSE regarding electrocution hazards at music events.
Managing work-related violence in licensed and retail premises (PDF, 99Kb)
Guidance leaflet from HSE containing information and practical advice on how to assess and tackle the risk of violence towards staff working at licensed and retail premises.
Protecting Children on Licensed Premises (leaflet) (PDF, 318Kb)
This leaflet, produced by the Suffolk Safeguarding Children Board in partnership with all district and borough councils in Suffolk, explains licence holders’ responsibilities under the Act for Protecting Children from Harm. It also highlights the risks which children in licensed premises could be exposed to, and sets out a number of practical measures that licence holders and their staff could consider putting in place to ensure that they can actively promote this objective. A poster to accompany the leaflet is also available by clicking on this link:
Protecting Children on Licensed Premises (poster) (PDF, 282Kb)
All types of application forms and notices, as well as further information and guidance, are available from the Government department responsible for licensing (Department for Culture, Media & Sport) at www.culture.gov.uk
If you are unsure whether you may need a licence, then please contact the Licensing Team for advice on 01473 825719, 01473 826658 or 01473 826664.
If you would like details of any entry in the Licensing Register, or would like to inspect an application, then please contact the Licensing Team who will be glad to assist you. To check whether a premises in Babergh has a premises licence, or whether an individual holds a personal licence, please access the Licensing Register.
Access the Licensing Register
Please select the link below for Babergh's Licensing Register, where you can find public register details for not only Licensing Act 2003 permissions, but Gambling Act 2005 and Hackney Carriage/Private Hire licensing.
Babergh District Council Licensing Register
REMEMBER: To carry on unauthorised licensable activities is a criminal offence carrying severe penalties.
|