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LATEST NEWS:
IMPORTANT: NEW POLICE SERVICE ADDRESS FROM 01 JULY 2010
From 1st July 2010, all Babergh District licence applications must be served to Stowmarket Police Station - whether it is a TEN, full premises application, variation, DPS change, transfer etc. The address you now need is:
Stowmarket Police Station, Attn: Licensing Officer, Violet Hill Road, STOWMARKET, Suffolk IP14 1NJ
Remember - TENS should preferably be given at least 28 days before your event begins, including sending a copy to the Police at the address above, to avoid any last minute issues over incorrect service.
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LICENSING ACT 2003 POLICY CONSULTATION NOW UNDERWAY:
In line with the existing 3-yearly 'Statement of Licensing Policy' revision cycle, Babergh is undertaking a 12-week public consultation on a revised policy document between 2nd August 2010 and 25 October 2010. If you wish to review and/or comment upon the proposed policy document please click on the following links:
Information sheet about the Licensing Policy consultation - Please read first!
Statement of Licensing Policy - 2010 consultation draft - The consultation draft policy document
Summary of changes - A summary of the main changes proposed since the last policy was set in 2007
Please be aware that the new Coalition government proposes to make significant amendments to the licensing laws which may directly impact upon this consultation and the draft policy document.
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IMPORTANT INFORMATION ON NEW MANDATORY CONDITIONS FOR LICENSEES/MEMBERS CLUBS
Important changes have been implemented from April 2010 affecting all premises licences or club certificates with an ON sales/supply permission. Read more by clicking the link below:
Mandatory Conditions 2010: Summary for Licence/Certificate holders.pdf
Overview of the Licensing Act 2003:
The Licensing Act 2003 became fully implemented from 24 November 2005 - replacing six separate licensing regimes including the Licensing Act 1964. A single 'premises licence' (for public activities) or a 'club premises certificate' (for private members clubs) can now authorise any combination of the following activities:
- Supply of alcohol
- Plays
- Films
- Music (both live and recorded) and dancing activities
- Late night refreshment (hot food or hot drink between 11pm and 5am)
There is also a system of 'temporary event notices' (TENS) for premises and events not covered by a permanent licence. Limitations apply as to how TENS may be used.
In addition, a premises (not including private members clubs) licensed for the supply of alcohol must specify an individual as the 'designated premises supervisor' (DPS) who must hold a personal licence. Every supply of alcohol on licensed premises must be authorised by a personal licence holder. However, there is now an optional disapplication from these usual requirements, upon application, for qualifying community premises. This can allow a management committee as a body to take responsibility for authorising the supply of alcohol under the licence.
The Licensing Act 2003 is an evolving area of law and whilst every effort is made to maintain the accuracy and currency of the information accessible via this webpage, it does not nor is it intended to constitute authoritative legal advice. You should contact your own legal adviser if you need specific advice. Ultimately the Courts are responsible for interpretation of the law.
Application forms:
Some of the most frequently requested application forms are available below (in addition to the form you will normally need to refer to further information/guidance further down this page):
- TENS (Temporary Event) Application (MS Word, 202kb)
- PERSONAL LICENCE Application (with Declaration) (MS Word, 169kb)
- DPS VARIATION Application (with consent form) (MS Word, 98kb)
- TRANSFER (with consent form) (MS Word, 167kb)
- NEW PREMISES Application (with consent form) (MS Word, 683kb)
The Word versions above can be downloaded and filled in electronically. To use: Right-click mouse button over the relevant application form link and choose 'Save Target As...'. You can then save the application form in an appropriate place on your computer and complete the form off-line at your convenience.
All application forms are available direct from the Licensing Section upon request or from the Department for Culture Media and Sport (DCMS) by clicking the link below. This includes the new forms for 'Minor Variations' and 'Community Premises DPS Condition Disapplication':
All Licensing Act 2003 Application Forms
Alternatively,
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Document library - guidance, advice and assistance (includes contact details):
The Licensing Team has produced the following documents for guidance and information. Please click on the relevant link to access the information your require:
Temporary Event Notice (TENS) Guidance Document
Guidance on the TENS statutory limitations and requirements. These must by law be received by the Council and the Police a minimum of 10 working days before the event (not counting the day of the event). Please apply in good time to avoid disappointment as the Council has no power to accept applications giving less notice. Saturdays, Sundays, Bank Holidays and Good Friday are NOT counted as working days. The relevant Police service address for the whole of the district is:
Stowmarket Police Station, Attn: Licensing Officer, Violet Hill Road, STOWMARKET, Suffolk IP14 1NJ
Failure to correctly serve your Notice, on the Licensing Authority or Police, will invalidate it.
Personal Licence Guidance Pack (PDF, 167kb)
Details and guidance on what you need to apply for a personal licence.
Personal Licence Holder Fact Sheet (PDF, 41kb)
Important facts to remember once you hold a personal licence.
Form for Personal Licence holder to notify a change of name or address
If you hold a personal licence, failure to notify a change of address or name change is normally an offence. Download this form to help you correctly notify relevant changes.
'Minor Variations' under the Licensing Act 2003
A summary of the changes made to the law in July 2009 for the benefit of existing premises licence and club certificate holders. 'Minor' changes to licences may be made under these streamlined procedures but only where the licensing objectives would be unaffected.
Responsible Authority Contact and Service Details
These are the addresses you need to correctly serve your new or variation application.
(Pre-application discussion with these Authorities is recommended)
Plans Guidance Document
Help with providing an acceptable and compliant plan of your premises with your application.
Fees for Licensing Act 2003 Applications and Notifications
The fees for each type of licence or notice are set by Central Government. Payment by credit or debit card is acceptable - please contact the Licensing Team who will be happy to assist you pay by this method. Annual fees can also be paid by credit/debit card.
Community DPS Disapplication Guidance
Guide for managers of 'community premises' that sell alcohol on changes to the law allowing disapplication from usual DPS/personal licence conditions.
Making an effective Relevant Representation
Guide for local residents and businesses on how to comment about applications. From January 2010, changes to the law mean that elected Councillors of Babergh District Council are also now classed as 'interested parties' in their own right. If you require full details about a specific application in progress please contact the Licensing Team.
Performing Rights Society (PRS) Licensing
Performing Rights Society (PRS) licensing is separate from any permission obtained under the Licensing Act 2003, and is NOT administered by Babergh District Council. Please contact the Performing Rights Society via the link above to see if you need a PRS licence. Permission is normally required for any public performance of live or recorded music, and from radio/television broadcasts and online media.
Statement of Licensing Policy (effective 2008-2011):
This document informs all persons with an interest in the licensing process of the paramenters within which Babergh District Council will make licensing decisions (where its discretion is engaged) and advises on the legislative framework. The version below takes effect from 07 January 2008 for a period of three years (unless any sooner revision is required).
Should anything in future publications, legislative/regulatory changes or case law impact upon the content of this ‘Statement of Principles’ document, then it will be taken into account and the document may be updated at a later stage and with due consideration to the resource implications for the Licensing Authority and statutory revision cycle.
Please click on the link below to view the 2008-2011 'Statement of Licensing Policy':
Statement of Licensing Policy 2008-2011 (PDF, 356Kb)
This document contains details of a multi-agency enforcement concordat and protocol. If you have concerns that a premises is unlicensed, or is breaching terms and conditions of a licence, then please contact a member of the Licensing Team. Serious matters such as crime, disorder or anti-social behaviour should be reported to the Police.
The scheme of delegations under the Licensing Act 2003 (as may be updated from time to time) is available via the link below:
Scheme of Delegations (Licensing Act 2003)
Useful resources for licence holders:
Electrocution Warning for Music Events (PDF, 25Kb)
A warning statement from the HSE regarding electrocution hazards at music events.
Managing work-related violence in licensed and retail premises (PDF, 99Kb)
Guidance leaflet from HSE containing information and practical advice on how to assess and tackle the risk of violence towards staff working at licensed and retail premises.
Protecting Children on Licensed Premises (leaflet) (PDF, 318Kb)
This leaflet, produced by the Suffolk Safeguarding Children Board in partnership with all district and borough councils in Suffolk, explains licence holders’ responsibilities under the Act for Protecting Children from Harm. It also highlights the risks which children in licensed premises could be exposed to, and sets out a number of practical measures that licence holders and their staff could consider putting in place to ensure that they can actively promote this objective. A poster to accompany the leaflet is also available by clicking on this link:
Protecting Children on Licensed Premises (poster) (PDF, 282Kb)
All types of application forms and notices, as well as further information and guidance, are available from the Government department responsible for licensing (Department for Culture, Media & Sport) at www.culture.gov.uk
If you are unsure whether you may need a licence, then please contact the Licensing Team for advice on 01473 825719, 01473 826658 or 01473 826664.
If you would like details of any entry in the Licensing Register, or would like to inspect an application, then please contact the Licensing Team who will be glad to assist you. To check whether a premises in Babergh has a premises licence, or whether an individual holds a personal licence, please access the Licensing Register.
Access the Licensing Register
Please select the link below for Babergh's Licensing Register, where you can find public register details for not only Licensing Act 2003 permissions, but Gambling Act 2005 and Hackney Carriage/Private Hire licensing.
Babergh District Council Licensing Register
REMEMBER: To carry on unauthorised licensable activities is a criminal offence carrying severe penalties.
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