Licensing Practice and Procedure - Softcover

Pain, Kenneth W.; Pain, Kevin M.

 
9781898899679: Licensing Practice and Procedure

Synopsis

The Licensing Act 2003 introduces a wholly new, unified, scheme for licensing the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshments. Personal licences, premises licences, club premises certificates and temporary event notices are introduced, and jurisdiction in respect of liquor licensing moves from the magistrates to the local authorities. Other features of the new regime include a dual system of premises licences and personal licences, and the relaxation of controls – notably the removal of the general restriction of licensing hours, and the limited discretion of the new licensing authorities to refuse an application.

The Act is expected to be fully in force towards the end of 2005. Meantime, the six-month transitional period begins on 7 February 2005, the "first appointed day". From this date, holders of existing justices’ licences, public entertainment licences, cinema and theatre licences, and club registration certificates, may apply to convert their licences and certificates into authorities under the new Act, and apply for personal licences. If they fail to do so, their existing authorities lapse and they must start afresh.

Part I of this eighth edition of Licensing Practice and Procedure covers the new systems and procedures, including the nature of the new licences, applications for them and the conditions which may be attached; the new provisions on "permitted temporary activities"; offences; powers to close licensed premises to prevent disorder; appeals; and the all-important transitional arrangements.

Part II, on betting and gaming, has been updated generally.

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About the Author

Kenneth Pain, B.Sc is a barrister practising in Southampton. He has written and lectured widely on his specialist subjects: liquor, betting and gaming and entertainments licensing. He is legal correspondent to Club Mirror and a consulting editor for Licensing Review. Kevin Pain, MA (Oxon) is a barrister in practice in Chichester. For some years he was a legal advisor in the magistrates’ courts service, where he gained experience of licensing and betting and gaming.

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