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The Licensing Act 2003 affects all halls and schools that provide licensable activities. Those responsible for such premises need to look at the events and facilities that they plan to offer so that they can decide what type of licence they need to apply for.
The sale of alcohol
If a hall or school holds functions with alcohol more than 12 times in a year, those responsible for the premises will need to hold a Premises Licence. They will also need to have a number of people who are Personal Licence holders who can authorise the sale of alcohol at the premises. One of these will need to be appointed as the Designated Premises Supervisor (DPS). This person will be responsible for the day-to-day running of the premises. Fees apply to both licences and the appointment of a DPS.
If a school or hall holds fewer than 12 events per year with alcohol those responsible for the premises will require a temporary event notice (TEN).
If patrons bring their own alcohol to drink, no licence will be necessary. If those responsible for the premises charge for hiring out their hall and supply the alcohol, this still counts as the sale of alcohol.
The provision of regulated entertainment
If a hall or school holds functions with some form of regulated entertainment more than 12 times in a year, it will require a Premises Licence. Fewer than 12 events will require a TEN. If the licence is for Regulated Entertainment only, the premises will not need staff to become Personal Licence holders nor will they require a DPS.
If the premises are not used for more than 12 events in a year
Those responsible for such premises can apply for a TEN for each specific event.
Charity event providing entertainment
If regulated entertainment is provided for the public in a village, community, church or school hall or if a charge is made to a private audience with a view to making profit, including for a charity, a Premises Licence or TEN will be needed. If, on the other hand, anyone is invited to a private performance and is not charged for attending the event but is free to make a voluntary donation to a charity of their own choice, no licence will be necessary. If the performance is to any extent open to the public, however (whether the public are charged or not) a licence will be required. This will be the case if the event was advertised in any form.
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Please note that the information above is not legal advice. Legislation and procedures may change over time and the advice given is based on the information available at the current time. It is not necessarily comprehensive and will be subject to revision in the event of further government guidance and regulations. This advice is not intended to be a definitive guide to or substitute for the relevant law. The council is happy to provide information but cannot give advice on individual applications. Please seek legal and professional advice.
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