Licensing Act 2003 and Licensing Policy
Under the Licensing Act 2003, any premises or place where licensable activities will take place will need to be covered by a licence or notice. Licence holders will be responsible for the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
The Licensing Act 2003 requires the Licensing Authority to determine and publish its Licensing Policy at least every 5 years. The Statement of Licensing Policy sets out the principles that the authority will apply when exercising its functions under the Licensing Act 2003.
The following activities are licensable:
- The sale of alcohol.
- The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.
- The provision of regulated entertainment.
- Late night refreshment (the provision of hot food and drink between 11pm and 5am).
- A Personal Licence to Sell Alcohol allows the holder to sell alcohol at venues covered by a "premises licence"
- A Premises Licence & Club Premises Certificates will be required by anyone wanting to allow certain licensable activities to take place such as sale of alcohol, music, dancing, indoor sports events, theatre, cinema and sale of food between the hours of 11.00pm and 5.00am. Applicants will need to demonstrate what they will do to prevent public nuisance, prevent crime and disorder, ensure public safety and protect children from harm.
- A Temporary Event Notices (TEN) can be used instead of a licence for regulated activities (supply of alcohol, regulated entertainment, and late night refreshment) at small-scale event of not more than 499 people, and lasting less than 168 hours.
Following extensive consultation East Herts Council has adopted a revised Statement of Licensing Policy for 2021-2026. There have been a number of changes to try to help address existing and emerging issues and these include the introduction of a 'Sensitive Licensing Area' in Hertford Town Centre. This revision also now incorporates the Night Time Economy (NTE) Position Statement which was previously a separate addendum to the 2016-2021 Statement. To see the latest policy, please see Statement of Licensing Policy.
Through the implementation of its licensing policy, East Herts Council aims to effectively integrate its aims and the four licensing objectives with other initiatives that will:
- Reduce crime, disorder and anti-social behaviour
- Promote public safety
- Prevent public nuisance
- Protect children from harm
- Promote public health
- Reduce drug and alcohol misuse
- Reduce the burden of unnecessary regulation on business
Applicants, licence holders and those selling or supplying alcohol, providing late night refreshment or regulated entertainment should refer to the policy as it will give them a clearer understanding of what is expected of them. The policy encourages responsible businesses and operators whilst giving the authority a strong basis to deal with issues that may arise from activities authorised under the Licensing Act 2003.
The revised policy came into force on July 28 2021 and it will be referred to in relation to all applications under the Licensing Act 2003 made after that date.
The policy is kept under constant review so if you have any comments please submit them by emailing: email@example.com or by post to: Licensing, East Herts Council, Wallfields, Pegs Lane, Hertford, Hertfordshire, SG13 8EQ.
Pool of Model Conditions
When considering applications for premises licences or certificates under the Licensing Act 2003 we must consider whether the application would promote the licensing objectives. Part of this consideration may involve looking at conditions that might be appropriate to assist in promoting the licensing objectives and mitigating concerns.
Conditions which are appropriate to promote the licensing objectives should emerge initially from the prospective licence holders risk assessment and be translated to form part of the operating schedule for the premises. This pool of model conditions has been produced to assist prospective licence holders where they consider that they would promote the licensing objectives in the circumstances of their application.
Once an application has been made, the Police, Environmental Health, other responsible authorities, and other parties are encouraged to engage with the applicant if they are considering making a representation to the application. This pool of model conditions will also assist these parties in identifying possible measures that could be suggested to mitigate their concerns.
The conditions contained within this document should not be considered an exhaustive list of conditions which may be included on a licence or certificate. It does not restrict any applicant, responsible authority, or interested party from proposing any alternative conditions, nor would it restrict a Licensing Sub-Committee from imposing any reasonable condition on a licence it considers appropriate for the promotion of the licensing objectives.
To see the latest pool, see Pool of Model Conditions
The Licensing Team can be contacted via firstname.lastname@example.org or on 01992 531503. Face-to-face meetings can be arranged using the details above, there is no facility to walk in and see a Licensing Officer without prior arrangement.