Northern Ireland Assembly

Licensing laws of the United Kingdom

Licensing laws of the United Kingdom regulate the sale and consumption of alcohol with separate legislation for England and Wales, Northern Ireland and Scotland being passed, as necessary, by the UK parliament, the Northern Ireland Assembly and the Scottish Parliament respectively.

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The name derives from the distinction between types of licence which could be granted, a distinction now repealed in England and Wales and to be repealed in Scotland in 2009.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 Under the 2003 Act that requirement has been repealed (though such signs are still often seen).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.

Off-licence

"Off-licence" 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.[citation needed]

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.

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 to the public for consumption, both on or off the premises, between 23:00 and 05:00.

HayatandCo offer advice and assistance in all aspects of licensing matters to clients in the leisure and entertainment industries. We also specialise in providing employment legal advice, legal advice divorce, family law advice, immigration legal advice and lease agreements.

Maryum HayatandCo Source: Wikipedia

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