Licensing laws of the United Kingdom

In the United Kingdom, the sale of alcohol is restricted - pubs, restaurants, shops and other premises must be licensed by the local authority. The individual responsible for the premises must also hold a personal licence. Premises licences, in as far as they concern the sale of alcohol, can be categorised to include "on-licences" (allowing consumption of alcohol on the premises) and "off-licences" (alcohol must be removed from the vendor and drunk elsewhere). However these are not distinctions found in the Licensing Act 2003 and the position in Scotland and Northern Ireland is more complex. Many on-licensed premises also permit off-sales.

The age at which people are legally allowed to purchase alcoholic beverages is 18 but children as young as five can have alcohol in pub restaurants and the gardens, it is only illegal for children aged between 5 and 18 to consume alcohol in the BAR as place defined by the law; as exclusively for the sale and consumption of alcoholic drinks. Restaurants and Gardens don't count as long as the beverage is bought by a adult.

Alcohol and entertainment licensing is the subject of separate legislation for England and Wales, for Northern Ireland and for Scotland. The Licensing Act 2003 has thoroughly revised and consolidated into one Act all the many separate legislative provisions that previously covered licensed premises in England and Wales. The Licensing (Scotland) Act 2005 is bringing the same reforms to Scotland. (Scottish licensing laws have tended to differ from those in England and Wales and with devolution licensing is a matter for the Scottish Parliament.)

The same reforms have been proposed for Northern Ireland but have not been enacted. Therefore in Northern Ireland, the sale of alcohol remains more strictly regulated than in Great Britain.

History

In the mid-18th century, gin became extremely popular as it was much cheaper to buy than beer. By 1740, six times more gin than beer was being produced, and of the 15,000 drinking establishments in London, half were gin-shops. The Gin Act 1736 imposed a prohibitively high duty on gin, but this caused rioting and so the duty was gradually reduced and then abolished in 1742. The Gin Act 1751 was more successful: instead of a tax it restricted gin producers to selling only to licensed premises.

During the 19th century, licensing laws began to be used to restrict the opening hours of premises. After the outbreak of World War I, the Defence of the Realm Act was passed by Parliament which restricted opening hours for licensed premises to 11:00 – 14:40 and 17:00 – 22:30 (on sundays 12:00 – 14:00 and 19:00 – 22:00). In more recent times the licensing laws became less restricted and allowed pubs to serve drinks up until 23:00, although nightclubs were allowed to stay open much later. Significantly revised rules were introduced in November 2005.

Traditionally, the phrase "Last Orders!" is still often used to announce the last opportunity to purchase drinks, typically ten or fifteen minutes in advance, and is often announced via a bell, or by the bar staff shouting. At the point when the bar will no longer serve drinks, the bar staff will announce "Time at the bar!", or "Time gentleman please!" (again, either shouted or via the use of a bell). This phrase was used as the title of a British television sitcom about a pub, "Time Gentlemen Please".

The wartime restrictions in Scotland were not repealed until 1976 (possibly due to a stronger temperance movement north of the border). However the repeal of these laws led to a situation whereby Scottish laws were generally less restrictive, with local authorities being allowed to determine opening hours. Most Scottish pubs now open until midnight, though this is not universal.

Since 2000, pubs have been allowed to open for 24 hours during New Year celebrations.

On-licence

"On-licence" is the term describing an establishment where alcohol must be consumed at the point of sale, such as a pub, bar, nightclub or cafe.

The name derives from the distinction between types of licence which could be granted, a distinction now repealed in England and Wales and to be repealed in Scotland in 2009. In England and Wales the magistrates would formerly grant either an "off" licence permitting the sale intoxicating liquor for consumption only off the premises, or an "on" licence permitting sale for consumption on the premises, which permitted to a limited extent off sales too (many public houses were permitted "off sales", to sell sealed alcoholic drinks (e.g., unopened bottles of wine) for consumption elsewhere. A "restaurant licence" was an on-licence with restaurant condition attached. In Scotland (until 2009) the types of licence are "Hotel", "Public House", "Restricted Hotel", "Restaurant", "Entertainment", "Off-Sale" and "Refreshment" licences. In Northern Ireland there are numerous.

Under the Licensing Act 2003 and the Licensing (Scotland) Act 2005 there is only one type of premises licence, though the conditions placed on each one will determine whether on sales or off sales are permitted, which restores in practice what was once a legal distinction.

The premises licence is granted to a person and not to the establishment. Before the Licensing Act 2003 came into effect there was a legal requirement to display, above the entrance to an on-licence location, the name of the licensee. The sign would typically say "NAME OF LANDLORD licensed for the sale of alcoholic beverages for consumption on the premises". Under the 2003 Act that requirement has been repealed (though such signs are still often seen). Instead the premises licence holder must secure that the official summary of the licence (or a certified copy) is prominently displayed at the premises, and the name and position of any person nominated as the custodian of the summary premises licence [Subsection 57(3) Licensing Act 2003] .

Off-licence

"Off-licence" (sometimes known as "off-sales") is a term used in the United Kingdom and Ireland for a shop licensed to sell alcoholic beverages for consumption "off" the premises, as opposed to a bar or public house which is licensed for consumption at the point of sale (on-licence). The term also applies to the licence granted to the establishment itself.

Off-licences typically are specialist shops, convenience stores, parts of supermarkets, petrol (gasoline) stations, or attached to bars and pubs. Prices are usually substantially lower than in bars or pubs.fact|date=November 2007

When restaurants refer to themselves as "fully licensed" they have a premises licence permitting only on-sales, often subject to a condition that the alcohol may only be sold with a meal. In this context, "fully licenced" simply means that the establishment is authorised to serve liquor in addition to beer and wine.

In the United Kingdom, the "off licence" could once be used as a device to circumvent restrictive trading laws, particularly those concerning Sunday trading. Depending on local ordinances, stores might be either required to close at noon once a week or else not be allowed to trade in the evening. Stores with an "off licence" made their hours similar to those of public houses, opening during lunch hours and from early evening to the mandatory closing time, usually 22:30 or 23:00. Changes in trading law altered the situation somewhat in 1994.

Licensing law in Northern Ireland

In Northern Ireland legislation is more restrictive than in Great Britain; a reaction to social problems at the beginning of the twentieth century. Only a limited number of licences are available for pubs and off-licences; any new pub or off-licence wanting to sell alcohol must wait until an existing one surrenders its licence (known as "the surrender principle").

Licences are granted and administered by the courts and not elected local authorities, and the courts have no guidance to assist in the practical application of the law. A new licence is granted by the County Court and will only be granted on the surrender principle and only if the court is satisfied that the existing number of licensed premises is not already adequate ("the need principle"). The transfer of a licence is a matter for the magistrates' courts.

There are currently twelve categories of premises that may be licensed to sell alcohol, amongst which are pubs, off-Licences and certain business where the selling alcohol is ancillary to the main business.

Licensing law in Scotland

Scotland has had separate licensing laws dating back to the 18th century. The current legislation is the Licensing (Scotland) Act 1976, which provides for seven types of liquor licence and is administered by licensing boards, made up of councillors elected to the local authority. There are approximately 30 licensing board in Scotland and each has its own distinct approach -for example, whilst there is a set "permitted hours" across Scotland, these are frequently extended in order to take account of early morning and late night trading, and each licensing board has its own views on what sort of extra hours a premises should be given.

As of 1 February 2008, Scotland entered a "transitional period" in the run up the commencement of new licensing legislation — the Licensing (Scotland) Act 2005. The 2005 Act is, in many respects, similar to the English Licensing Act 2003: it features the four English licensing objectives, but adds another — "protecting and improving public health". The Act creates one class of licence — the premises licence; and also introduces personal licences for those working in the trade. The administration continues to be carried out by licensing boards, but the Act has created new "Licensing Forums" in order to increase community involvement, and "Licensing Standards Officers" who have an information, mediation and compliance role.

The new 2005 Act comes into force in full on 1 September 2009.

Changes since 2005

In 2003, Parliament legislated to replace the previous licensing laws for England and Wales, regulated under several different Acts, with a single unified system covering a range of "regulated activities". Rules as to when establishments can open, for how long, and under what criteria are now not laid down in statute but are individual to the premises and are contained in the conditions on each premises licence.

Registration under the Act started in February 2005 and closed in August 2005, with the new licensing system having started (and the old one ending) in November 2005.

Licensing law in Scotland is being radically overhauled by the [http://www.opsi.gov.uk/legislation/scotland/acts2005/20050016.htm Licensing (Scotland) Act 2005] , which is due to come into force in September 2009 following a transition period starting in February 2008. The new system covers alcohol sales only but otherwise is in most particulars identical to the regime created in England and Wales by the Licensing Act 2003, but there are a number of significant differences such as a "duty to trade" and attempts to control the irresponsible sale of alcohol through curbs on price discounting and other promotions which may lead to excessive consumption.

Licensing proposals in Northern Ireland were first announced by the Northern Ireland Office in 2004, leading to a consultation in 2005 [ [http://www.dsdni.gov.uk/lrt_liquor_licensing_consultation_document.pdf Liquor Licensing – The Way Forward (Department for Social Development (Northern Irelland))] ] , again very similar to the Scottish and English Acts. The propsals triggering much initial opposition even from some parts of the licensed trade. [ [http://news.bbc.co.uk/1/hi/northern_ireland/4354462.stm BBC, 18 October 2005 24-hour pub opening 'a disaster'] ] [ [http://www.thepublican.com/story.asp?storyCode=32843 The Publican: Northern Ireland opposed to licensing reform, 30 March 2006] ] [ [http://www.ulsterpubs.com/news/default.asp?ID=33&itemId=9&topicId=&va=0 Federation of the Retail Licensed trade of Northern Ireland, 6 June 2006] ] [ [http://www.dsdni.gov.uk/lrt_ministerial_statement_july06.doc Ministerial Statement “Reform of Liquor Licensing” 20 July 2006] ] These proposals are not currently proceeding. [ http://www.wsta.co.uk/index.php?option=com_content&task=view&id=250 Wine and Spirit Trade Association]

Under the new rules, all premises where "regulated activities" are carried out must be authorized by a "premises licence". Where alcohol is sold the premises must have a "designated premises supervisor", who himself must hold a "personal licence". There is a parallel system for the registration of private clubs which sell alcohol to members, and which require a "club registration certificate".

Part of the changes since 2005 allow pubs to serve alcohol past 23:00; this particular part of the legislation was and remains very controversial due to the perceived increase in potential for binge drinking and the effects the change will have on social dynamics; however, the new law's defenders have claimed that the relatively early 23:00 closing time itself contributed to binge drinking, as patrons hurried to drink before closing time. Labour also claimed that the fixed closing time contributed to social disorder, as drunken pub patrons were forced into the street at the same time. Both the Conservative Party and Liberal Democrats unsuccessfully called for a delay in the implementation of this law.

Each licensing authority must adopt a licensing policy, which give guidance on when licences will be granted and the conditions and permitted hours likely to be imposed on a premises licence in various circumstances.

Licensable activities (England and Wales)

The Licensing Act 2003 defines "licensable activities" as:

* the retail sale of alcohol,
* the supply of alcohol in clubs,
* the provision of late night refreshment, and
* the provision of regulated entertainment

In turn, "regulated entertainment" is defined as:

* a performance of a play,
* an exhibition of a film,
* an indoor sporting event,
* a boxing or wrestling entertainment (both indoors and outdoors),
* a performance of live music,
* any playing of recorded music, or
* a performance of dance
* entertainment of a similar description to that falling in the previous three categories listed above.

There is an exception for Morris dancing.

"Late night refreshment" is defined as:

* the supply of hot food or drink (that is, food or drink that is either served at, or has been heated on the premises to, a point above ambient temperature) to the public for consumption, both on or off the premises, between 23:00 and 05:00.

Licensing objectives

The licensing authority, in considering any application for a licence or for a variation must have regard to “the licensing objectives”:

Licensing authorities

The licensing authorities are local councils. In two-tier parts of England these are the district / borough councils and elsewhere the unitary authority is the licensing authority. In Scotland each council has a Licensing Board to act as licensing authority.

For a premises licence, the licensing authority is the council for the place where the premises are (and where they straddle a boundary the applicant may choose which one). For a personal licence it is the licensing authority in whose area the applicant lives.

Concerns

While the reforms from 2005 were intended to reduce "binge drinking", reports have variously claimed that the situation in England and Wales has not improved or that it has become even worse. This has prompted a Parliamentary investigation [ [http://www.instituteoflicensing.org/article/2008/07/18/MPs+to+review+Licensing+Act.html] MPs to review Licensing Act] . The Department of Culture, Media and Sport concludes that the position presents "a mixed picture" [ [http://www.culture.gov.uk/reference_library/minister_speeches/1997.aspx Written ministerial statement by Andy Burnham on the Evaluation of the impact of the Licensing Act 2003 ] ] .

Perceived problems in England and Wales shaped a slightly different approach in the Licensing (Scotland) Act 2005. In turn, licensing authorities in England and Wales have been considering importing Scottish proposals to their licensing policies.

ee also

*Temperance (Scotland) Act 1913
*Six o'clock swill (Australasia)
*Twenty-first Amendment to the United States Constitution (post-prohibition)
*Drink driving
*Prohibition (Laws in different countries)

References

Notes

Bibliography

*

External links

* [http://www.instituteoflicensing.org/ Institute of Licensing]
* [http://news.bbc.co.uk/2/hi/uk_news/4217817.stm BBC News: 'No demand' for all-day drinking]
* [http://observer.guardian.co.uk/uk_news/story/0,,1441925,00.html The Observer: Police fear chaos over pub hours]
* [http://www.mcgrigors.com/pdfdocs/pp_liquor_aug03.pdf Proposed changes to Scottish Licensing laws]
* [http://www.sllp.co.uk Latest Scottish Licensing Law news]