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        Alcohol and entertainment licensing

        Thanet District Council has responsibility for licensing the sale of alcohol, late night refreshment and regulated entertainment.

        The Council’s Licensing Policy Statement 2016 explains how we do the job, act as a decision making tool and gives guidance to applicants, licensees and residents.

        We work in partnership with the Police, Kent Fire and Rescue and trade groups like the Thanet Licensed Victuallers Association to make sure the best possible licensing service is provided in Thanet.

        Who needs an alcohol and entertainment license?

        If you operate an establishment where alcohol is consumed on or off the premises such as a public house or club, an hotel or a guest house, off licence, supermarket, grocers and corner shops.  Or if you manage or own premises such as Nightclubs or other places licensed for public entertainment, sports entertainment venues, cinemas and theatres, village and community halls, cafes, restaurants and take-aways opening later than 11.00 pm

        A Personal Licence

        Provides the applicant with the right to sell alcohol at any licensed premises for a period of ten years. The granting of this licence is likely to be automatic if the applicant is properly qualified and has no relevant convictions.

        A Premises Licence

        The applicant must provide the Council with an operating schedule which includes information on:

        • the premises
        • mode of operation
        • intended activities, opening hours
        • steps to be taken to minimise the risk of crime and disorder and/or of public nuisance.

        Formal notice of each application has to be given to the Police, Kent Fire and Rescue and other relevant bodies and notice displayed on the premises and in newspapers. If objections are received the application must be considered by a Licensing Sub-Committee otherwise it will be granted under powers delegated to the Council’s officers.

        The licence will last for the life of the business but can be reviewed at the request of the Police and other responsible bodies, or following the complaints of residents or businesses being upheld.

        Temporary Event Notices

        A Temporary Events Notice is for carrying out a ‘licensable activity’ on unlicensed premises.

        An individual may give notice of their intention to use premises for a period not exceeding 96 hours.  Notice must be given within certain time limits

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        How to apply for a Temporary Event notice

        If you wish to hold an ad-hoc event in England or Wales, you must give a temporary event notice (TEN) to your local licensing authority no later than ten working days before the event. If the premises where the event is to be held is in areas governed by two or more local authorities applications must be made to each.

        Unless you submit an electronic application you must also give a copy of the notice to the police no later than ten working days before the event.

        You must be 18 years or older to give a TEN and can give a maximum of five TENs per year. If you are a personal licence holder, you can give a maximum of 50 TENs per year.

        Your event must involve no more than 499 people at any one time and last no more than 168 hours with a minimum of 24 hours between events.

        Eligibility Criteria

        An activity that can be licensed must be carried out as detailed in a notice that must be given. The notice must be in a specific format and must be made by someone over 18 years of age.

        The notice should contain:

        • if alcohol is to be supplied, a statement confirming that it is a condition of using the premises that the supplies are made under the premises user’s authority
        • a statement relating to certain matters
        • any other required information

        The matters referred to above are:

        • details of the licensable activities
        • the event period
        • the times when during that period the activities will take place
        • the maximum number of people proposed to be allowed on the premises
        • any other required matters

        Regulation summary

        A summary of the regulation relating to this licence

        Application Evaluation Process

        The TEN must be given in writing (including by electronic means) to the local authority at least ten working days before the event. A fee is payable with the notice.

        The local authority will acknowledge receipt of the notice by giving a notice to the premises user before the end of the first working day it was received or before the end of the second working day if the day the notice was received is not a working day.

        Unless an application has been submitted electronically, the premises user must also give notice to the chief officer of the local police department no later than ten working days before the event period.

        The chief police officer who receives a notice and believes that the event would undermine crime prevention objectives can serve an objection notice on the licensing authority and the premises user. This notice must be served within 48 hours of receipt of the temporary event notice.

        The local licensing authority must hold a hearing if an objection notice is served. They may issue a counter notice if it considers it necessary for the promotion of crime prevention objective. A decision must be made at least 24 hours before the beginning of the event.

        A police chief may modify the TEN with the consent of the premises user. In such a case an objection notice will be deemed to have been withdrawn.

        Counter notices may be provided by the licensing authority if the number of permitted TENs has been exceeded.

        Will Tacit consent apply?

        Yes, tacit consent will apply after seven days unless you have heard from the Local Authority that representations have been made and a hearing is necessary.

         

        Please note that you will be making your application to Thanet Council via Gov.UK’s online licensing service. There is no charge for using this facility.

        Failed application redress

        Please contact your Local Authority in the first instance.

        If a counter notice is given in relation to an objection notice the applicant may appeal against the decision. Appeals must be made to the local Magistrates’ court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.

        Licence Holder redress

        Please contact your Local Authority in the first instance.

        Other redress

        If a licensing authority decides not to issue a counter notice in relation to an objection notice the chief police officer can appeal the decision. Appeals must be made to the local Magistrates’ court within 21 days. An appeal may not be brought later than five working days from the day of the planned event.

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        Apply for a club premises certificate

        To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from your local authority. In a qualifying club there is technically no sale by retail of alcohol (except to guests) as the member owns part of the alcohol stock and the money passing across the bar is merely a mechanism to preserve equity between members where one may consume more than another. In order to constitute a qualifying club you must also satisfy the various requirements set out in the Licensing Act 2003.

        Eligibility Criteria

        Clubs must be qualifying clubs. A qualifying club has general conditions it must satisfy. These are:

        • a person may not be given memberships or as a candidate for membership to any membership privileges without an interval of at least two days from their membership application or nomination and their membership being granted
        • that club rules state that those becoming member without nomination or application cannot have membership privileges for at least two days between them becoming members and being admitted to the club
        • that the club is established and conducted in good faith
        • that the club has at least 25 members
        • that alcohol is only supplied to members on the premises on behalf or by the club

        Additional conditions in relation to the supply of alcohol must be complied with. These conditions are:

        • that alcohol purchased for and supplied by the club is done by members of club who are over 18 years of age and are elected to do so by the members
        • that no person at the expense of the club receives any commission, percentage or other similar payment in regard to the purchase of alcohol by the club
        • that there are no arrangements for anyone to receive a financial benefit from supplying alcohol, apart from any benefit to the club or to any person indirectly from the supply giving a gain from running the club

        Registered industrial and provident societies and friendly societies will qualify if the alcohol is purchased for and supplied by the club is done under the control of the members or a committee of members.

        Relevant miners’ welfare institutes can also be considered. A relevant institute is one that is managed by a committee or board that consists of at least two thirds of people appointed or elevated by one or more licensed operators under the Coal Industry Act 1994 and by one or more organisations who represent coal mine employees. The institute can be managed by the committee or board where the board cannot be made up as detailed above but is made up of at least two thirds of members who were employed or are employed in or around coal mines and also by people who were appointed by the Coal Industry Welfare Organisation or by a body who had similar functions under the Miners’ Welfare Act 1952. In any case the premises of the institute must be held on a trust as required under the Recreational Charities Act 1958.

        Regulation summary

        A summary of the regulation relating to this licence

        Application Evaluation process

        A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes.

        Applications should be made to the local licensing authority, which will the local authority where the premises are situated.

        Applications should be submitted with a plan of the premises which must be in a specific format, a copy of the rules of the club and a club operating schedule.

        A club operating schedule is a document which must be in a specific format and which includes information on:

        • the activities of the club
        • the times the activities are to take place
        • other opening times
        • if alcohol supplies are for consumption on or off the premises or both
        • the steps that the club propose to take to promote the licensing objectives
        • any other information that is required

        If there any alterations to the rules or name of the club before an application is determined or after a certificate is issued, the club secretary must give details to the local licensing authority. If a certificate is in place this must be sent to the licensing authority when they are notified.

        If a certificate is in place and the registered address of the club changes the club must give notice to the local licensing authority of the change and provide the certificate with the notice.

        A club may apply to a local licensing authority to vary a certificate. The certificate should accompany the application.

        The local licensing authority may inspect the premises before an application is considered.

        Fees may be payable for any type of application relating to a club premises certificate.

        Will Tacit consent apply?

        Yes, tacit consent will apply after thirty working days unless you have heard from the Local Authority that representations have been made and a hearing is necessary.

        Apply now

        Please note that you will be making your application to Thanet Council via Gov.uk’s online licensing service.  There is no charge for using this facility.

        Failed Application appeals

        Please contact your Local Authority in the first instance.

        A failed applicant will receive notice of the refusal of an application for a certificate or variation of a certificate from the local licensing authority.

        If an application is rejected, the applicant may appeal the decision.

        Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

        Licence Holder appeals

        Please contact your Local Authority in the first instance.

        If a local licensing authority refuses an application for a variation the licence holder may appeal the decision. A licence holder can appeal against a decision to put conditions on a certificate or to exclude any club activity. Appeals may also be made against the variation of any condition.

        Appeals against the decision of a review can be made.

        A club may appeal against the withdrawing of a certificate.

        Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

        Consumer appeals

        A club member may request a review of the certificate. The local licensing authority will give reasons for their response to the application in a notice.

        Appeals against the decision of a review can be made.

        Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

        Any interested party may make representations to the local licensing authority before the certificate is granted or before amendments to a certificate are granted. If representations are made a hearing will be held to consider the application and the representations. Notices will be made by the local licensing authority detailing the reasons for any outcome.

        Interested parties who made representations will receive notice of a failed application.

        An interested party is:

        • a person living near the premises or a body representing such a person
        • a person involved in a business near the premises or a body representing such a person

        An interested party may request a review of the club premises certificate. The local licensing authority will give reasons for their response to the application in a notice.

        An interested party may appeal if they argue that a certificate should not have been granted or that different or additional conditions or limitations on activities should have been made. They may also appeal against any variation of a condition.

        Appeals against the decision of a review can be made.

        Appeals must be made to the local Magistrates’ court within 21 days of the decision appealed.

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        Apply for a premises license

        To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales.

        Eligibility criteria

        Any of the following may apply for a premises licence:

        • anyone who uses carries on a business in the premises to which the application relates
        • a recognised club
        • a charity
        • a health service body
        • a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
        • a chief police officer of a force in England and Wales
        • anyone discharging a statutory or function under Her Majesty’s prerogative
        • a person from an educational institute
        • any other permitted person

        Applicants must not be under 18 years of age.

        Regulation summary

        A summary of the regulation relating to this licence

        Application Evaluation Process

        Applications must be sent to the licensing authority for the area where the premises are located.

        Applications must be in a specific format and be accompanied by any required fee. 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).

        An operating schedule will include details of:

        • the licensable activities
        • the times when the activities will take place
        • any other times when the premises will be open to the public
        • in the case of applicants who wish to have a limited licence, the period the licence is required for
        • information in respect of the premises supervisor
        • whether any alcohol that is to be sold is for consumption on or of the premises or both
        • the steps proposed to be taken to promote the licensing objectives
        • any other required information

        Applicants may be required to advertise their application and to give notice of the application to any other person or responsible body, eg the local authority, chief police officer or fire and rescue authority.

        The licensing authority must grant the application, which can be subject to conditions. 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.

        The licensing authority 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.

        Apply now

        Please note that you will be making your application to Thanet Council via Gov.uk’s online licensing service.  There is no charge for using this facility.

        Will Tacit consent apply

        Tacit consent will apply after thirty working days unless you have heard from the Local Authority that representations have been made and a hearing is necessary.

        Failed application appeal

        Please contact your Local Authority in the first instance.

        If an application for a licence is refused the failed applicant can appeal. Appeals are made to a Magistrates’ court within 21 days of notice of the decision.

        Licence Holder appeal

        Please contact your Local Authority in the first instance.

        If an application is made by the chief police officer, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations.

        A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor.

        Appeals are made to a Magistrates’ court within 21 days of notice of the decision.

        Consumer complaint

        An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

        Appeals are made to a Magistrates’ court within 21 days of notice of the decision.

        The chief police officer for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.

        A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.

        An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.

        An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

        A chief police officer may make representations to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.

        An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.

        Appeals are made to a Magistrates’ court within 21 days of notice of the decision.

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