This section gives advice on what is a licensable activity under the Licensing Act 2003 (this page opens in a new window). It falls into three parts:
- Alcohol
- Entertainment
- Late night refreshment
or any combination of the above.
1. Alcohol
Any retail sale of alcohol requires a licence. Selling liqueur chocolates does not require a licence although they may not be sold to under 16 year olds.
The supply of alcohol by a club or to a member of a club requires that the club must have a Club Registration Certificate. Only qualifying clubs which are suitably constituted, such as working mens’ clubs, can make use of such certificates. Other informal groups such as parent/teacher associations are not qualifying clubs and therefore require licences to sell alcohol.
Selling alcohol includes giving it away as part of a wider ticket.
2. Entertainment
The provision of entertainment means the provision of either entertainment or entertainment facilities.
Entertainment means any of the following:
- The performance of a play. This means any piece where a dramatic role is acted out.
- An exhibition of a film. This means any display of moving pictures.
- An indoor sporting event
- Boxing or wrestling entertainment
- A performance of live music
- Any playing of recorded music
- A performance of dance
- Entertainment of a similar description to live music, recorded music or dance.
The entertainment must take place in the presence of an audience, however small.
Entertainment facilities are those for enabling people to take part in an entertainment of the following sort:
- Making music.
- Dancing.
- Entertainment of a similar description to making music or dancing.
Entertainment facilities are, for example, a dance floor provided for customers to use, whereas entertainment might involve a performance of dance provided for an audience.
In addition the entertainment or entertainment facilities must be provided:
- To the public.
- Exclusively for members and their guests of a club which is a qualifying club.
- Where (a) and (b) do not apply, for consideration and with a view to profit.
For example, this means that the provision of music or the performance of a play to either the public or to members of a qualifying club (e.g. working mens’ clubs) or to members of an association which is not a qualifying club (e.g. parents’ associations) where an entrance fee is paid to raise funds, are all licensable activities.
Dance schools do not provide entertainment when giving lessons, although they would require a licence if they decided to give demonstrations of their students’ abilities to the public or members of a qualifying club.
Exemptions:
- Films shown in museums or art galleries as part of an exhibition
- Music, provided it is incidental, to a non-licensable activity, e.g. a fashion show
- Showing television programmes
- Entertainment, such as music or a play as part of a religious meeting or service or at a place of public religious worship (e.g. nativity plays during a service anywhere, choral works or a play in a church even where not part of a service)
- Garden fêtes
- Morris dancing
- In vehicles in motion.
3. Late Night Refreshment
Late night refreshment is defined under the Act as the supply of hot food or drink to the public or a section of the public on or from any premises whether for the consumption on or off the premises (Mobile units included) between 11pm and 5am. This requirement includes takeaways, restaurants and places such as garages or service stations that sell hot food.
It does not include refreshments:
-
Given away for free (but if any admission is charged or a charge is made for some other item then the activity still requires a licence e.g. charging admission but giving away refreshment).
-
Supplied by a registered Charity
-
Hot drinks by a vending machine. The vending machine however must be fully automated, collect the money within it and dispense the drink (the sort normally found in waiting rooms). This exception does not cover the provision of such drinks from a customer or staff operated machine in a restaurant or café.
Resident Guests
It does not apply to hotel or guesthouse guests supplied by that hotel on a night they are staying, nor does it apply to persons camping on a site or staying at a holiday park similarly supplied. It does not apply to staff canteens for the staff of that employer (and guests) or for the provision for any trade or vocation only (such as a taxi drivers refreshment hut used only for drivers and staff). It also does not apply to members of a recognised club (such as refreshments at a local sports club) but it must be a recognised club. Thus a club formed of ‘late night refreshment eaters’ for instance, to try and get around the act would not be a recognised club.
Please contact the Licensing Team for further information:
Licensing Team
Guildford Borough Council
Millmead House
Millmead
Guildford
Surrey
GU2 4BB
Tel: 01483 444371
Fax: 01483 444546
Email: licensing@guildford.gov.uk