![Licensing](https://upload.wikimedia.org/wikipedia/commons/9/90/Licensing.jpg)
The alcohol licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
,
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
and
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
being passed, as necessary, by the
UK parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremac ...
, the
Senedd
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gove ...
in Wales, the
Northern Ireland Assembly
sco-ulster, Norlin Airlan Assemblie
, legislature = 7th Northern Ireland Assembly, Seventh Assembly
, coa_pic = File:NI_Assembly.svg
, coa_res = 250px
, house_type = Unicameralism, Unicameral
, hou ...
, and the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
respectively.
Throughout the United Kingdom, the sale of alcohol is restricted—pubs, restaurants, shops and other premises must be
license
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
d by the local authority. In England, Wales and Scotland the authority to sell alcohol is divided into two parts – the Premises Licence, which prescribes the times and conditions under which alcohol can be sold, and a Personal Licence which allows individuals to sell alcohol or authorise its sale by others. Every Premises Licence which authorises the sale of alcohol must also name a Designated Premises Supervisor (Designated Premises Manager in Scotland) ("DPS" or "DPM" for short) who must hold a valid Personal Licence – otherwise alcohol cannot be sold at those premises. The DPS has day-to-day responsibility for the sale of alcohol at licensed premises. 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''. However, these distinctions are not explicitly made in the
Licensing Act 2003
The Licensing Act 2003 (c 17) is an act passed by the Parliament of the United Kingdom. The act establishes a single integrated scheme for licensing premises in England and Wales used to sell or supply of alcohol, provide regulated entertainmen ...
, and the position in Scotland and Northern Ireland is more complex. Many on-licensed premises also permit off-sales.
The minimum age at which people are legally allowed to purchase
alcohol
Alcohol most commonly refers to:
* Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom
* Alcohol (drug), an intoxicant found in alcoholic drinks
Alcohol may also refer to:
Chemicals
* Ethanol, one of sev ...
is 18. Adults purchasing alcohol on behalf of a person under 18 in a pub or from an off-licence are potentially liable to prosecution along with the vendor.
However, legislation does allow for the consumption of alcohol by those under 18 in the following circumstances:
# The individual is aged 5 or older, and is at home or other private premises - except in Scotland, where there is no longer a minimum age for alcohol consumption.
# The individual is aged 16 or 17 and the alcohol, which can only be beer, wine or cider, is consumed with a
table meal
A substantial meal or table meal is a legal term of art regarding the application of alcohol licensing laws in England and Wales. It was also used in reference to the closure in England of pubs, restaurants and cafés due to the COVID-19 pandemi ...
.
The person making the purchase must themselves be at least 18 years old.
The Licensing Act 2003 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 brought the same reforms to Scotland.
The same reforms have been proposed for Northern Ireland, but have not been enacted; sale of alcohol there remains more strictly regulated than in Great Britain.
History
![William Hogarth - Gin Lane](https://upload.wikimedia.org/wikipedia/commons/d/d0/William_Hogarth_-_Gin_Lane.jpg)
In the mid-18th century,
gin
Gin () is a distilled alcoholic drink that derives its flavour from juniper berries (''Juniperus communis'').
Gin originated as a medicinal liquor made by monks and alchemists across Europe, particularly in southern Italy, Flanders and the Ne ...
became extremely popular as it was much cheaper to buy than
beer
Beer is one of the oldest and the most widely consumed type of alcoholic drink in the world, and the third most popular drink overall after water and tea. It is produced by the brewing and fermentation of starches, mainly derived from ce ...
. This was known as the 'gin epidemic'. By 1740, six times more gin than beer was being produced, and of the 15,000 drinking establishments in
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
, half were gin-shops. The
Gin Act 1736
The Spirit Duties Act 1735 (commonly known as the Gin Act of 1736) was an Act of Parliament, Act of the Parliament of Great Britain establishing a retail tax on gin and annual licenses for gin sellers. Designed to curb gin consumption, the law wa ...
imposed a prohibitively high
duty
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may ...
on gin, but this caused
riot
A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
Riots typically involve destruction of property, public or private. The property targete ...
ing, and so the duty was gradually reduced and then abolished in 1742. The
Gin Act 1751
The Sale of Spirits Act 1750 (commonly known as the Gin Act 1751) was an Act of the Parliament of Great Britain (citation 24 Geo. II c. 40) which was enacted in order to reduce the consumption of spirits, a popular pastime that was regarded as ...
was more successful: instead of a
tax
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
it restricted gin producers to selling only to licensed premises.
During the 19th century,
licensing laws
The alcohol licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England, Wales, Northern Ireland and Scotland being passed, as necessary, by the UK parliament, the Senedd in Wales, the ...
began to restrict the opening hours of premises. The
Sunday Closing (Wales) Act 1881
The Sunday Closing (Wales) Act 1881 was an Act of the Parliament of the United Kingdom. It was one of the Licensing Acts 1828 to 1886. It required the closure of all public houses in Wales on Sundays. The Act had considerable political importan ...
required the closure of all public houses in Wales on Sundays.
After the outbreak of
World War I the
Defence of the Realm Act
The Defence of the Realm Act (DORA) was passed in the United Kingdom on 8 August 1914, four days after it entered the First World War and was added to as the war progressed. It gave the government wide-ranging powers during the war, such as the p ...
was passed by
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
in 1914. One section of the Act concerned the hours pubs could sell alcohol, as it was believed that alcohol consumption would interfere with the war effort.
[Evans, Dean. ''The Ultimate Drinking Games Book''; Carlton Books Ltd. (Bristol, England) (1998) pg.298] It restricted opening hours for licensed premises to
luncheon
Lunch is a meal eaten around the middle of the day. It is commonly the second meal of the day, after breakfast, and varies in size by culture and region.
Etymology
According to the ''Oxford English Dictionary'' (''OED''), the etymology ...
(11:00 or 12:00 to 14:40 or 15:00, depending on the region) and
supper
Supper was originally a secondary lighter evening meal. The main meal of the day, called dinner, used to be served closer to what is known as lunchtime, around the middle of the day, but crept later over the centuries, mostly over the course of ...
(17:30 or 18:30 to 22:30). Following relaxation in Scotland in 1977, on 21 August, 1988 the licensing laws in England and Wales became less restricted and allowed
pub
A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
s to allow the consumption of alcohol on the premises from 11:00 until 23:00,
although
nightclubs
A nightclub (music club, discothèque, disco club, or simply club) is an entertainment venue during nighttime comprising a dance floor, lightshow, and a stage for live music or a disc jockey (DJ) who plays recorded music.
Nightclubs gener ...
were allowed to stay open much later. Significantly revised rules were introduced in November 2005, when hour limits were scrapped, and pubs were allowed to apply for licences as permissive as "24 hours a day". In practice, most pubs chose not to apply for licences past midnight.
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. At the point when the bar will no longer serve drinks, the bar staff will announce "''Time Please!''" (Traditionally "''Time, gentlemen, please!''"), again, either shouted or by use of a bell.
The wartime restrictions in
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
were not repealed until 1976. As a result, 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.
On-licence
On-licence describes an establishment where
alcohol
Alcohol most commonly refers to:
* Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom
* Alcohol (drug), an intoxicant found in alcoholic drinks
Alcohol may also refer to:
Chemicals
* Ethanol, one of sev ...
must be consumed at the
point of sale
The point of sale (POS) or point of purchase (POP) is the time and place at which a retail transaction is completed. At the point of sale, the merchant calculates the amount owed by the customer, indicates that amount, may prepare an invoice f ...
, such as a
pub
A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
, bar,
nightclub
A nightclub (music club, discothèque, disco club, or simply club) is an entertainment venue during nighttime comprising a dance floor, lightshow, and a stage for live music or a disc jockey (DJ) who plays recorded music.
Nightclubs gener ...
or café.
The name derives from the distinction between types of licence which could be granted—a distinction now repealed in England and Wales, and repealed in Scotland in 2009. In England and Wales, the magistrates would formerly grant either an "off" licence permitting the sale of 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 house
A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
s 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 a restaurant condition attached. Until 2009, in Scotland the types of licence were ''Hotel'', ''Public House'', ''Restricted Hotel'', ''Restaurant'', ''Entertainment'', ''Off-Sale'', and ''Refreshment'' licences. In Northern Ireland, there are
numerous types of licence.
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 (or both) are permitted.
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 the name of the licensee above the entrance to an on-licence location. 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 ensure that the official summary of the licence (or a certified copy) is prominently displayed at the premises, as well as the name and position of any person nominated as the custodian of the summary premises licence.
Off-licence
![Queuing to buy beer in London during Covid-19 pandemic](https://upload.wikimedia.org/wikipedia/commons/4/4d/Queuing_to_buy_beer_in_London_during_Covid-19_pandemic.jpg)
Off-licence (sometimes known as off-sales or informally offie) is a term used in the United Kingdom and
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
for a
shop
Shop or shopping refers to:
Business and commerce
* A casual word for a commercial establishment or for a place of business
* Machine shop, a workshop for machining
*"In the shop", referring to a car being at an automotive repair shop
*A wood s ...
license
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
d to sell
alcoholic beverage
An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The c ...
s for consumption ''off'' the premises, as opposed to a
bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
or
public house
A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
which is licensed for consumption at the
point of sale
The point of sale (POS) or point of purchase (POP) is the time and place at which a retail transaction is completed. At the point of sale, the merchant calculates the amount owed by the customer, indicates that amount, may prepare an invoice f ...
(
on-licence
The alcohol licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England, Wales, Northern Ireland and Scotland being passed, as necessary, by the UK parliament, the Senedd in Wales, the ...
). The term also applies to the licence granted to the establishment itself.
Off-licences typically are specialist shops,
convenience store
A convenience store, convenience shop, corner store or corner shop is a small retail business that stocks a range of everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, ice creams, tobacco products, lottery ticket ...
s, parts of
supermarket
A supermarket is a self-service Retail#Types of outlets, shop offering a wide variety of food, Drink, beverages and Household goods, household products, organized into sections. This kind of store is larger and has a wider selection than earli ...
s, or attached to bars and pubs. Prices are usually substantially lower than in bars or pubs.
In the United Kingdom, the "off-licence" status of a shop could once be used as a device to circumvent restrictive trading laws, particularly those concerning
Sunday trading
Sunday shopping or Sunday trading refers to the ability of retailers to operate stores on Sunday, a day that Christian tradition typically recognises as a day of rest. Rules governing shopping hours, such as Sunday shopping, vary around the wor ...
. Depending on local by-laws, shops might be either required to close at 12:00 once a week, or else not be allowed to trade in the evening. Shops 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. The
Sunday Trading Act 1994
The Sunday Trading Act 1994 is an Act of the Parliament of the United Kingdom governing the right of shops in England and Wales to trade on a Sunday. Buying and selling on Sunday had previously been illegal, with exceptions, under the Shops Ac ...
exempted liquor stores (and any shops that sells alcohol) from its effects. The mandatory closing time for any licensed liquor stores are regulated by
Licensing Act 2003
The Licensing Act 2003 (c 17) is an act passed by the Parliament of the United Kingdom. The act establishes a single integrated scheme for licensing premises in England and Wales used to sell or supply of alcohol, provide regulated entertainmen ...
instead.
During the
COVID-19 pandemic in the United Kingdom
The COVID-19 pandemic in the United Kingdom is a part of the worldwide pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). In the United Kingdom, it has resulted in confir ...
, all pubs closed during the lockdown from 20 March 2020. However, on 25 March, off-licences were added to the list of essential businesses allowed to stay open, also enabling pubs and brewery taprooms with licences to sell beer for home consumption to offer takeaway sales and home deliveries.
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 20th century. Only a limited number of licences are available for
pub
A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
s and
off-licence
A liquor store is a retail shop that predominantly sells prepackaged liquors – typically in bottles – usually intended to be consumed off the store's premises. Depending on region and local idiom, they may also be called an off-licence (i ...
s; 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, not elected local authorities; the courts have no guidance to assist in the practical application of the law. A new licence is granted by the
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
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 businesses where the sale of alcohol is necessary to the main business.
Licensing law in Scotland
Scotland has had separate licensing laws dating back to the eighteenth century. The current legislation is the Licensing (Scotland) Act 2005, which replaced the Licensing (Scotland) Act 1976 on 1 September 2009. The replaced licensing laws provided for seven types of liquor licence, and were administered by licensing boards, made up of councillors elected to the local authority. There were approximately 30 licensing boards in Scotland and each had its own distinct approach; for example, whilst there is a set "permitted hours" across Scotland, these were frequently extended in order to take account of early morning and late night trading, and each licensing board had 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 to 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 legislation in Scotland regarding the sale of alcohol is different from the rest of the UK and England in particular. The Alcohol etc. (Scotland) Act 2010 has amended the core hours during which shops and supermarkets can sell alcohol. Scotland currently only allows the purchase of alcohol between the hours of 10:00 and 22:00.
One major change is that Sunday opening hours can be changed to match the rest of the UK, allowing sales from 10:00, rather than 12:30 with the 1976 Act.
Changes since 2005
On 10 July 2003 the
Licensing Act 2003
The Licensing Act 2003 (c 17) is an act passed by the Parliament of the United Kingdom. The act establishes a single integrated scheme for licensing premises in England and Wales used to sell or supply of alcohol, provide regulated entertainmen ...
was granted
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
and replaced the previous licensing laws for England and Wales, regulated under several different
Acts
The Acts of the Apostles ( grc-koi, Πράξεις Ἀποστόλων, ''Práxeis Apostólōn''; la, Actūs Apostolōrum) is the fifth book of the New Testament; it tells of the founding of the Christian Church and the spread of its message ...
, 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. The powers of the 2003 Act came fully into force on 24 November 2005.
Permitted hours
Some long-standing traditions (indeed, legal requirements) have disappeared as a consequence. First, "permitted hours" gained a new meaning. Until the 2003 Act came into force on 24 November 2005, permitted hours were a standard legal constraint: for example, serving alcohol after 23:00 meant that a licensing extension had to exist—either permanent (as for nightclubs, for example), or by special application from the licensee concerned for a particular occasion. There was also a customary general derogation permitting a modest extension on particular dates, such as New Year's Eve and some other Public Holidays. Licensees did not need to apply for these and could take advantage of them if they wished without any formality. Now, permitted hours are theoretically continuous: it is possible for a premises licence to be held which allows 24-hour opening, and indeed some do exist.
Most licensed premises do not go this far, but many applied for licences in 2005 that allowed them longer opening hours than before. However, as in the past, there is no obligation for licensees to use all the time permitted to them. Premises that still close (for commercial reasons) at 23:00 during most of the week may well have licences permitting them to remain open longer, perhaps for several hours. Staying open after 23:00 on the spur of the moment is therefore legal at such premises if the licensee decides to do so. The service of alcohol must still cease when the licence closing time arrives. Only the holder of the comparatively rare true "24-hour" licence has complete freedom in this respect.
Drinking-up time
The consumption of alcohol itself is not considered a "licensable activity" under the new Licensing Act. Therefore, "drinking-up time" (DUT) has no legal meaning and has disappeared. For many years ten minutes (and later extended to twenty minutes) was the legal dispensation which allowed the consumption of alcohol to continue after the official closing time, which in recent times meant that customers could still drink what they had already bought until 23:20, subject to the licensee's discretion. After that time consumption had to also stop.
With the end of standard permitted hours, this concession became irrelevant and there is no mention of DUT in the 2003 Act. Instead, applicants for premises licences can specify the maximum period (their "Opening Hours") for which they wish to allow their customers to stay after the time at which the sale of alcohol ends ("the terminal hour") within their Operating Schedule. Some licences do not specify opening hours at all, which allows an unspecified drinking up time, determined only by the licensee's discretion. In contrast, some licensees call for "last orders" twenty minutes (or more) before the end of the opening hours specified on their premises' licence.
Scotland
Licensing law in Scotland was overhauled by the Licensing (Scotland) Act 2005, which came 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 system created in England and Wales by the Licensing Act 2003. 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. Another law, starting from 1 May 2018, states that alcohol cannot be sold for under 50p per
unit
Unit may refer to:
Arts and entertainment
* UNIT, a fictional military organization in the science fiction television series ''Doctor Who''
* Unit of action, a discrete piece of action (or beat) in a theatrical presentation
Music
* ''Unit'' (alb ...
.
Northern Ireland
Licensing proposals in Northern Ireland were first announced by the Northern Ireland Office in 2004, leading to a consultation in 2005, again very similar to the Scottish and English Acts. The proposals triggered much initial opposition, even from some parts of the licensed trade. These proposals are not currently proceeding.
Under the proposed rules, all premises where ''regulated activities'' are carried out must be authorised by a ''premises licence''. Where alcohol is sold the premises must have a ''designated premises supervisor'', who themselves 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''.
Serving after 23:00
Part of the changes since 2005 allow
pub
A pub (short for public house) is a kind of drinking establishment which is licensed to serve alcoholic drinks for consumption on the premises. The term ''public house'' first appeared in the United Kingdom in late 17th century, and was ...
s to serve alcohol past 23:00; this particular part of the legislation was, and remains, very
controversial
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin ''controversia'', as a composite of ''controversus'' – "turned in an opposite ...
due to the perceived increase in potential for
binge drinking
Binge drinking, or heavy episodic drinking, is drinking alcoholic beverages with an intention of becoming intoxicated by heavy consumption of alcohol over a short period of time, but definitions ( see below) vary considerably.
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
The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right.
Political parties called The Conservative P ...
and
Liberal Democrats unsuccessfully called for a delay in the implementation of this law.
Licensing policies
Each licensing authority must adopt a licensing policy, which gives 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
The Licensing Act 2003 (c 17) is an act passed by the Parliament of the United Kingdom. The act establishes a single integrated scheme for licensing premises in England and Wales used to sell or supply of alcohol, provide regulated entertainmen ...
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 are many exemption categories and qualifications to the above definitions, particularly in respect of Regulated Entertainment and Late Night Refreshment. As a result of changes by the
Live Music Act 2012
The Live Music Act 2012 (c 2) is an Act of the Parliament of the United Kingdom. The Act reduces regulation surrounding live music in small venues, allowing venues with a capacity below 200 people to host live music between 8am and 11pm without ...
, for example, live music in on-licensed premises is no longer a licensable activity between 08:00 and 23:00 hours before audiences of up to 200 people. Similarly performances of plays and of dance are not licensable before audiences of up to 500 people and indoor sporting events up to 1000 people. These changes, brought in from 2013, coupled with the Live Music Act in 2012, display a readiness by the Coalition Government to deregulate the prescriptive and sometimes confusing definitions of Regulated Entertainment stated above (although the Live Music Act was a Private Members' Bill sponsored by Lord Clement-Jones and drafted by Poppleston Allen Solicitors which was subsequently supported by the Government).
"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 and Wales, these are the
district or 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 located; where they straddle a boundary, the applicant may choose either one. For a personal licence, it is the licensing authority in whose area the applicant lives.
The Licensing Authority is also responsible for the issue of a Personal Licence.
Personal Licence
The Personal Licence allows an individual to sell alcohol or authorise its sale by others. A Personal Licence applicant must, prior to making an application, pass an exam, known as the Award for Personal Licence Holders (APLH) The APLH exam is a 40-question, multiple-choice paper, in which the applicant must achieve a score of 28 out of 40, or 70 percent. The applicant must also obtain "Basic Disclosure" which details any unspent convictions.
Upon application and if the applicant has no unspent relevant convictions the licensing authority must grant a Personal Licence, now with no expiry date attached. If relevant convictions are disclosed then the Licensing Authority must send a copy of the application to the local Police, who can object within 14 days. A hearing may then follow.
The applicant must make their application to the licensing authority where they ordinarily reside. Any changes to the Personal Licence thereafter (for example, name or address) must be notified to that original licensing authority, even if the Personal Licence Holder ("PLH") has subsequently moved out of the area. Failure to do so is a criminal offence.
A PLH, if charged with a relevant criminal offence, must tell the court at the first appearance that they are a Holder of a Personal Licence. Failure to do so is a criminal offence. If the PLH is convicted of the original offence the Court can suspend or forfeit the personal licence.
A Personal Licence is valid:
* In England and Wales, indefinitely. The act originally required a holder to renew their personal licence every 10 years. Due to the vast number of licences first issued under the new regime in 2005, and the burden it would have on Licensing Authorities, the Government made all personal licences run indefinitely by enactment of section 69 of the
Deregulation Act 2015
The Deregulation Act 2015 (c. 20) is an Act of Parliament in the United Kingdom. It is
An Act to make provision for the reduction of burdens resulting from legislation for businesses or other organisations or for individuals; make provision for th ...
.
*In Scotland, also 10 years but after 5 years the licence holder must satisfy the local licensing board that they have passed a refresher course.
*In Northern Ireland, also 10 years and under substantially stricter conditions as the Licensing Authorities in England, Wales, and Scotland. A Personal Licence granted in one jurisdiction is not valid in another.
A Designated Premises Supervisor (DPS), who is listed on a premises licence and responsible for the day to day running of the premises, is required to be a Personal Licence Holder where the retail sale of alcohol is a permitted activity on the licence.
Local variations
Local authorities have decided whether or not on a local basis to exercise their power to introduce specific restrictions on outdoor drinking. For example,
Reading Borough Council
Reading Borough Council is the local authority for the Borough of Reading in the English county of Berkshire. It is a unitary authority, having the powers of a non-metropolitan county and district council combined. Berkshire is purely a ceremonia ...
is among authorities to have emulated the conditions of
Transport for London that ban drinking in certain locations and the carrying of open alcohol in parts of
Reading
Reading is the process of taking in the sense or meaning of Letter (alphabet), letters, symbols, etc., especially by Visual perception, sight or Somatosensory system, touch.
For educators and researchers, reading is a multifaceted process invo ...
town centre. The open alcohol container ban and ban on alcohol consumption outright sets a lower threshold than being
drunk or drunk and disorderly in a public place.
Concerns
While the reforms from 2005 were intended to reduce "
binge drinking
Binge drinking, or heavy episodic drinking, is drinking alcoholic beverages with an intention of becoming intoxicated by heavy consumption of alcohol over a short period of time, but definitions ( see below) vary considerably.
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. The Department of Culture, Media and Sport concludes that the position presents "a mixed picture".
Perceived problems in England and Wales shaped a slightly different approach in the Licensing (Scotland) Act 2005.
Most licensed premises are now following the
Challenge 21 rule, which helps with avoiding selling to under age people. When a shop assistant believes that the person may be under 21, then they will ask the customer to prove that they are over 18. Challenge 25 (or older) was made mandatory in Scotland by the Alcohol etc. (Scotland) Act 2010.
See also
*
Temperance (Scotland) Act 1913
The Temperance (Scotland) Act 1913 is an Act of the Parliament of the United Kingdom under which voters in small local areas in Scotland were enabled to hold a poll to vote on whether their area remained "wet" or went "dry" (that is, whether alco ...
*
Prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
(Laws in different countries)
*
List of public house topics
A ''list'' is any set of items in a row. List or lists may also refer to:
People
* List (surname)
Organizations
* List College, an undergraduate division of the Jewish Theological Seminary of America
* SC Germania List, German rugby union ...
*
Alcohol licensing laws of Ireland
Alcohol most commonly refers to:
* Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom
* Alcohol (drug), an intoxicant found in alcoholic drinks
Alcohol may also refer to:
Chemicals
* Ethanol, one of sev ...
References
External links
BBC News: 'No demand' for all-day drinkingProposed changes to Scottish Licensing lawsScottish Licensing Law JournalDatabase of 24 Hour Off Licences
UK Legislation
*
{{DEFAULTSORT:Alcohol Licensing Laws of the United Kingdom
Alcohol law in the United Kingdom
Pubs in the United Kingdom
Drinking culture