Licensing Act 2003

This Act completely transforms the amalgamation of acts that dealt with alcohol, theatres, public entertainment, films and sporting events. The licensing functions previously held by a mix of the Magistrates and District Local Authorities are now all held by the Districts. The regulation of alcohol sales has therefore moved to the Local Authority and the various activities listed above theatres are now known as "regulated entertainment" It brings in a new regime which affects schools in two major ways.

Sale of Alcohol

Firstly, if there is sale of alcohol the new regime consists of a premises licence that is to be held by the school and a personal licence to be held by the person who sells the alcohol, which was previously the old Justices licence. In order to regularise what is currently occurring at school with the new Act, if there is sale of alcohol, both of the two new licences will need to be in place for alcohol to be sold. The deadline to carry over those that already have the old Justices licence is 6 August 2005 which is only a short time away. After speaking to the Districts it is apparent that all are not acting in the same way. Some, including King's Lynn and South Norfolk have been notifying schools that they do need to comply with the new licensing act. Whilst others have not given any advice.

Regulated Entertainment

This covers the following:

1. A performance of a play;
2. An exhibition of a film;
3. An indoor sporting event;
4. A boxing or wrestling entertainment;
5. A performance of live music;
6. Any playing of recorded music;
7. A performance of dance;
8. Entertainment of a similar description to that falling within paragraph (e), (f) or (g)

Where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes, that include the purpose, of entertaining that audience.

Any reference in sub-paragraph (1) to an audience includes a reference to spectators.

To all intents and purposes it does not matter whether or not this is carried out for a profit as the latter will potentially only have a relatively small affect, as anything carried out for an educational purpose is free from a fee.

Those schools that hold an old style public entertainment license or theatre license must apply again by August 6 for those rights to be carried over into the new licensing system. For those schools that do not at present hold a public entertainment license or a theatres licence must make an application before November 24 if they wish to carry out any of the regular entertainment detailed above.

Whilst the main thrust of the Act was to catch mainstream entertainment i.e. nightclubs, it has brought into its remit any organisation that is not exempt, which includes all schools. There are exceptions, which include educational films, rehearsals of plays and dance. Also it must be remembered that to be caught there must be an audience, albeit potentially this may only be parents, family or friends. It is acknowledged that this is going to be extremely burdensome on schools and will not potentially have any staff time to fill out the forms. However, if there is only a straight conversion of what a school has now, only the first seven pages of the form need to be filled out and be accompanied by a plan of where the regulated entertainment takes place. There is no fee provided the application is for regulated entertainment ONLY, there is a fee based on NNDR of the school premises if alcohol is to be sold.

IN SUMMARY

By August 6

1. Schools having an old public entertainment licence or theatre licence must apply before August 6 to carry the existing rights forward. There is no fee and only the first 7 pages of the form needs to be filled in.
   
   
2. Schools having old style justices (alcohol) licences must apply before August 6 and there is a fee.
   
   
3. If schools have either a public entertainment licence or a theatres licence and an old style justices licence, an application will need to be made to transfer these over and as alcohol is included there will be a fee.
   
   
4. If schools wish to vary either the hours or sale of alcohol or the type of regulated entertainment, they will need to make an application both to transfer over their old rights and also to include the new ones. This will mean filling in more pages of the form and advertising on the premises and in the local newspaper.

By November 24 - Further Guidance to Follow

1. Schools who do not have at present either a public entertainment licence or a theatres licence and carry out regulated entertainment need to apply for a NEW licence to cover these activities.
   
   
2. Schools who wish to sell alcohol (probably only a small proportion) that have to make a new application for its sale if they miss the 6 August deadline (for those who already have a Justices Licence) or if they wish to do so after 24 November.
   
   
3. All applications for new licenses will require notice to be given by an advertisement upon the premises and in the local paper.

For further information please contact Michael Joyce on 01603 222582 or Local Authority Licensing Section for the District where your school is situated who will have a stock of the necessary forms and will also be able to give you advice on how to fill them in.