Alcohol & Entertainment

Please follow the link for COVID-19 advice regarding Restaurants  offering deliveries and takeaways https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/restaurants-offering-takeaway-or-delivery

Temporary changes to the permitted processes of the destroying of spoilt beer can be found here: https://www.gov.uk/guidance/destroying-spoilt-beer-during-coronavirus-covid-19

 

Do I need a licence or authorisation?

If you are conducting any of the activities described below, you will require an authorisation under the Licensing Act 2003.  Please read the information in the relevant sections and and use the forms at the end of this page to make your application.

  • Selling alcohol by retail: this means by any means including selling a ticket for a function and then drinks are being offered for free as part of that event.
  • The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club: This refers exclusively to club premises certificates.
  • Providing Regulated Entertainments, which are defined as: a performance of a play, an exhibition of a film, an indoor sporting event, a boxing or wrestling entertainment (whether indoor and outdoor), a performance of live music, any playing of recorded music, a performance of dance, entertainment of a similar description to a performance of live music, any playing of recorded music or a performance of dance.
  • Provision of Late Night Refreshment: Late Night Refreshment is defined as Hot Food and Hot Drinks (above room temperature) supplied between the Hours of 23:00 and 05:00. Hotels have a an exemption under Schedule 2 of the Licensing Act 2003.

Essentially, persons wishing to sell alcohol or host regulated entertainments or provide late night refreshment need a Premises Licence for the premises and someone, generally the manager, will need to have a personal  licence.  This licensed individual fulfils a role called the Designated Premises Supervisor (DPS). Clubs  have a slightly simpler arrangement but are more limited in who can make use of the facilities.  For "one off" occasions such as pay bars in Village Halls, A Temporary Event Notice  may be used (subject to a minimum notice period).

 

Note to applicants for premises and personal licences:

Due to recent changes to the application process made by central government, applicants are now required to provide evidence of their right to work in the UK.  Extra details are required to be completed on application forms and you will be required to provide additional documentation with your application (Right to work - Document Requirements.docx [docx] 58KB). Please refer to the appropriate forms for further guidance.

Your application cannot proceed until you have complied with this requirement.

 

Personal licences 

The holder of a Personal Licence is authorised to sell or supply alcohol, or to authorise the sale or supply of alcohol, from a premises authorised for the sale of alcohol.  The applicant should apply to the Local Authority for the area where they normally live and will need to provide:
  • Two passport photographs endorsed as a true likeness by a professional person who has completed the endorsement form
  • NVQ Level 2 Personal Licence Holder Qualification certificate demonstrating that you have passed the exam
  • A Disclosure and Barring Service check (Basic Level) not more than one month old (or a disclosure from the police National Database not more than one month old)
  • Both an application form and a declaration of convictions

As a Personal Licence holder, you should notify your licensing authority if you change your name or move house.  You could face prosecution if you do not maintain your records.  If you move to another licensing area you remain licensed with first licensing authority.  If you appear in court for any reason you should notify the court that you are a Personal Licence Holder and also notify the Licensing Authority that you are being prosecuted.

 

Change of name or address

If you are a personal licence holder, you must notify the issuing authority of any change or name or address. 

If you hold a personal licence issued by Arun District Council, you can notify us of your change of details by using the online services form and paying the £10.50 fee.

 

Personal licence renewals

As from 6th April 2015, the Government has abolished the requirement to renew personal licences.

You are obliged to notify the issuing authority if you have any relevant convictions.  See  disclosure of convictions form.doc [doc] 73KB  and  relevant offences information.pdf [pdf] 10KB .

 

Premises licences

The majority of licence holders that require a licence will require a Premises Licence. Only those that operate as clubs and meet certain criteria would be eligible to apply for a club premises certificate.  Community premises wishing to apply for a premises licence that does not authorise the retail of alcohol may do so free of charge.  It is a requirement that all applications are advertised in the local press. The licence applicant must pay the cost of the advert. Please contact the relevant local paper for the area in which the premises to confirm the cost of your advert.  A blue notice will need to be displayed outside the premises to which the application relates continuously during the 28 day consultation period following submission of an application.

When completing the application form you will be asked what steps you will take to promote each of the licensing objectives:

  • Prevention of crime and disorder
  • Public nuisance
  • Public safety
  • Protection of children from harm

Your proposals will be translated into conditions of the licence, if granted. You should consider measures that would be appropriate for your intended operation. For example – you may suggest under crime and disorder that a CCTV system will be installed that will produce images capable of identifying persons and images will be stored for at least 28 days. Please refer to our Statement of Licensing Policy for further guidance.

Premises licences in most circumstances must have a Designated Premises Supervisor (DPS) applied to that licence so that sales of alcohol may take place under the authority of that licence. A DPS must be a Personal Licence Holder.

For guidance on how to apply, please read the following: How to Apply for a Premises Licence.docx [docx] 58KB

Please see the alcohol licensee toolkit for more information that may assist you.

Please note that if you are holding a one off event, then a Temporary Event Notice (TEN) may be a better alternative for you.

A template for the blue notice to be displayed at the premises for the duration of the consultation can be found here: Template Notice for New Premises & Club Lic..doc.doc [doc] 34KB . Please note that you must produce this on blue paper to comply with requirements

 

Clubs

Club Premises Certificates are required if a club:

  • Supplies alcohol by or on behalf of the club to a member of that club
  • Sells alcohol by or on behalf of the club to a guest of a member of that club for consumption on the club premises, and
  • Where the provision of regulated entertainment is by or on behalf of a club for its members of the club and their guests.

In order for a club to qualify for a "club certificate" under the Licensing Act 2003 several criteria must be met, and are set out by Section 62 of the LA2003:

  • Nobody can be admitted as a member without an interval of at least two days after their nomination or application for membership.
  • A person admitted as a member other than by prior nomination, or application, must wait at least two days before enjoying the privileges of membership.
  • The club is established and conducted in good faith as a club (as under section 63). These matters include: The club's freedom to purchase alcohol, how money or property belonging to the club is used, giving members information about the club finances, the clubs accounts, the nature of the premises.
  • That the club has at least 25 members.  (If the membership falls below 25 the withdrawal of club status will not have effect until 3 months after the authority gives notice and will not have effect if by the end of three months the membership numbers are 25 or above (Section 90)). 
  • No alcohol is supplied, or intended to be supplied, on the club premises except by or on the behalf of the club.

Like a Premises Licence, a Club Premises Certificate lasts until withdrawn.  A Club Premises Certificate may be surrendered by returning it to the authority accompanied by a notice of surrender.  The Licensing Authority must be informed by the club secretary of any change in the club's rules, name, or address (it is an offence not to do this and a fine can be imposed!).  The certificate must accompany the notice (unless impracticable and reasons for this supplied) and the appropriate fee supplied.  Failure to do this within 28 days of the change constitutes an offence.  The main difference between Club Premises Certificates and Premises Licences is that clubs may not sell alcohol to members of the public, the club may only supply alcohol to members and their guests. 

 

Plans to accompany licensing applications

Premises licences and club premises certificates need to be accompanied by plans of the premises to which the application relates. A copy of these plans needs to be submitted to each of the Responsible Authorities with the application in addition to sending a copy to the Licensing Authority.  We do not require you to have your plans professionally drawn but they should show:

  • The extent of the boundary of the building , if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises
  • the location of points of access and egress from the premises
  • the location of any other escape routes from the premises
  • in a case where the premises is used for more than one licensable activity, the area of the premises used for each activity
  • fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exit or escape routes without impediment
  • where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor
  • where the premises includes any steps, stairs, elevators or lifts, the location of those
  • the location of any public conveniences
  • location and type of fire safety and any other safety equipment, including marine safety equipment if applicable
  • the location of the kitchen if there is one on the premises.

Unless previously agreed with your Licensing Officer that an alternative scale plan is acceptable, the plan should be drawn in a standard scale where 1 millimetre represents 100 millimetres. You can include a key of symbols to illustrate the above requirements if you wish to do so. There is no requirement to show on the plan any areas that are not part of the premises you are licensing. You should, however, describe any areas that you intend to provide for people to consume alcohol that you sell or supply to them by noting it in part 3 of the application form.

 

Entertainment licensing

For details of which entertainment activities require a licence, please see the gov.uk website.

 

Existing conditions attached to licences

Any conditions attached to a Premises Licences or Club Premises Certificates relating to music will be suspended whilst unregulated musical entertainment is taking place. If you are a licence holder and require guidance, please contact the Licensing Team on 01903 737755.

Performances of music in the workplace

Performances of music will not be regulated for audiences not exceeding 500 persons between the hours of 8am and 11pm on the same day.

Enforcement

All persons responsible for any musical performances will need to comply with all related legislation including noise nuisance legislation.

In relation to licensed premises, the Licensing Authority will investigate and take further action in relation to complaints regarding live music where necessary and complaints are upheld and supported with substantive evidence. Licence holders have an obligation to promote the four licensing objectives:

  • The prevention of crime and disorder
  • The prevention of public nuisance
  • Public safety
  • The Protection of children from harm

If complaints regarding live music are investigated and upheld, this may result in evidence to support a request for a licence review.  If clear evidence demonstrates that there has been an adverse impact on the licensing objectives as a result of live music, the Licensing Authority has the power to decide to treat live music as a licensable activity. This may result in the application of licence conditions in relation to the performance of music. Further advice and guidance can be found at our Residents' Views page.

 

Licensing Sub-Committee Hearings

A Sub-Committee consisting of three members of the Licensing Enforcement Committee meets occasionally to consider  Licensing Act 2003 matters that are contested and to hear applications for review. A member will not hear an application for a premise in their own ward.
 
Most licensing hearings are public hearings and further details, including agendas and minutes can be found on the Licensing & Enforcement Committee page.
 

 

Virtual Subcommittee Meeting Procedures

Virtual Licensing Subcommittee Contested applications and hearings Procedure LA2003.pdf [pdf] 197KB

 

Application forms (Please note that we do not have the facility to accept cash payments)

All of our application forms are now available on our Environmental Health Online Services portal.

The only application form which is not yet available on the portal is: Sections 51 & 87  Application for a review of a prem licence or club prem certificate S.51 and S.87.doc [doc] 109KB

 

Further information

View the Online Public Register  to see the register of licences held in this district

 
View guidance on on making representations.pdf [pdf] 70KB  to a licence application

For more information regarding the Licensing Act 2003 please contact the Arun District Council licensing team on 01903 737755 or write to the address at the bottom of this page. Email Licensing@arun.gov.uk.

 
 

Cumulative Impact Zones

There are currently no CIZs within the Arun District

 

Responsible authorities in Arun

If you are making an application for new or variations to licences and certificates in Arun under the Licensing Act 2003 these are the contact details for those parties  to whom you must provide copies.

 

Contact details for Licensing Authority

The Licensing Team / Licensing Officer
Environmental Health Department
Arun District Council
Arun Civic Centre
Maltravers Road
Littlehampton
West Sussex
BN17 5LF
>Tel: 01903 737755
Fax: 01903 723936
Licensing@arun.gov.uk
Licensing Homepage

 

Contact details for Sussex Police

Police Neighbourhood Licensing Team
Centenary House
Durrington Lane
Worthing
BN13 2PQ
email: ws_licensing_wor@sussex.pnn.police.uk
Tel: 0845 60 70 999 or 101 and ask for neighbourhood licensing team

 

Contact details for Fire and Rescue Service
Fire Safety Officer - Licence Applications
West Sussex Fire and Rescue Service
Centenary House,
1st Floor, West Wing, Rm 236 & 245
Durrington Lane
Worthing
West Sussex
BN13 2QB

 

Contact Details for Trading Standards
West Sussex County Council
Trading Standards Service
County Hall North
Chart Way
Horsham
West Sussex
RH12 1XH
Consumer Advice:  (01903) 839749
Business Enquiries: (01903) 839700
Ethnic Minority Helpline: (08457) 581649

 

Contact details for Planning Department
Planning and Building Control Department
Arun District Council
Arun Civic Centre
Maltravers Road
Littlehampton
West Sussex
BN17 5LF
telephone: 01903 737756

 

Contact details for Health and Safety
Health and Safety Team
Arun District Council
Arun Civic Centre
Maltravers Road
Littlehampton
West Sussex
BN17 5LF
telephone: 01903 737755

 

Contact details for Environmental Health
Pollution Team
Arun District Council
Arun Civic Centre
Maltravers Road
Littlehampton
West Sussex
BN17 5LF
Telephone: 01903 737755

 

Contact details for local safeguarding children board
West Sussex Safeguarding Children Board
Room 12
County Hall
West Street
Chichester
West Sussex
PO19 1RQ
Telephone: 01243 642965

 

Contact details for Public Health
Director of Public Health
c/o Public Health Licensing
West Sussex County Council
1st Floor, The Grange,
County Hall Campus,
Chichester
West Sussex
PO19 1QT
Telephone: 0330 2228683

 

Contact details for Immigration Enforcement

Home Office,
Alcohol Licensing Team,
Lunar House,
40 Wellesley Road,
Croydon,
CR9 2BY
Alcohol@homeoffice.gsi.gov.uk

 

If you have concerns regarding licensed persons, vehicles or premises, you can report them by using our  mouse environmental health eform, on 01903 737755 or write to the address at the bottom of this page. Email  Licensing@arun.gov.uk. We will ask you to provide your details to us, but these will not be shared with any other party without your consent.

We deal with problems on an evidence based approach. We may advise you we require further information from you to allow us to progress a complaint. This may include asking you if you are prepared to make a statement.