Licensing

The Licensing Act, the Gambling Act and the Health Act have all overhauled the way we work in this area and now the Government’s strategy of tackling alcohol-related disorder has resulted in The Violent Crime Reduction Act 2006 which created the new offence of persistently selling alcohol unlawfully to under 18s with a parallel system of closure notices, license suspension and a £10,000 fine, and no due diligence defence. This is now potentially ruinous for unwary licence holders and therefore it is imperative that those working in the front line of the licensed retail sector are well trained and know their obligations under the law.

The specialist licensing team at DMH Stallard offer complete and professional Licensing advice in relation to all aspects of Licensing Law and procedure. We can help with the following issues: 

• BIIAB Qualifications
• Premises Licences
• Personal Licences
• Objections and Hearings
• Reviews and Appeals
• Transfers 
• Read our recent Case Studies

BIIAB Qualifications

The next BIIAB course is due to take place on Tuesday 7 October 2008. Click here for full details

We are also an Approved Centre for the purposes of teaching and delivering BIIAB Qualifications. We can deliver the following qualifications: 

• BIIAB Level 2 National Certificate for Personal License Holders 
• BIIAB Level 2 National Certificate for Licensing Practitioners 
• BIIAB Level 1 Award in Responsible Alcohol Retailing 
• BIIAB National Certificate for Designated Premises Supervisors (not yet available, but please ask for information)

All courses are held at our Head Office at 100 Queens Road Brighton, and are taught by One of our Licensing solicitors. You will benefit from highly professional teaching and administration in a friendly and informal learning atmosphere. Our Tutors can cater for all abilities, ensuring every candidate has the best possible opportunity to obtain their qualification.

Premises Licences

Under the Licensing Act 2003 you require a Premises Licence to perform on or more ‘licensable activities’ from any property. The following are defined as licensable activities: 

• Sale of alcohol by retail 
• Supply of alcohol in a club premises 
• The provision of regulated entertainment 
• Late night refreshment

We will draft and submit your application for you having regard to the four licensing objectives, namely: 

• The prevention of crime and disorder 
• Public Safety 
• The prevention of public nuisance 
• The protection of children from harm

We will also guide you through the advertising and notice requirements prescribed by the Act to ensure the application process is as smooth a quick as possible.

Personal Licences

A personal Licence allows a person to sell alcohol, or authorise the sale of alcohol.

If you wish to be specified as a Designated Premises Supervisor you must have a Personal Licence.

We can prepare your application form and guide you through the application process including obtaining Criminal Disclosure Certificates and BIIAB qualification as necessary.

Objections and Hearings

Where objections are received to any application we will advise you of you best course of action. Our team is extremely experienced in negotiating with the Licensing Officers from the Council, the Police and the Fire Authority.

If your application is subject to a full hearing in front of the Licensing Authority Sub-Committee out team can represent you in order to ensure the best possible outcome.

Reviews and Appeals

Under the Licensing Act 2003 a right of appeal exists to the Magistrates Court, against any decision made by the Licensing Authority. There are strict deadlines for making any appeal, and it is therefore extremely important that you take advice from us as soon as possible to ensure you do not miss the deadline and lose your right to appeal.

Where consulted in time we can protect your rights to an appeal by issuing the correct notice within the time limits. We will then work closely with you, to prepare you case and represent you in court.

Transfers

We can also deal with relatively minor matters for you, for example where you need to transfer the licence in to another name or make a change to the designated premises Supervisor. We will ensure these issues are dealt with promptly.

Case Studies

Acting for many pubs, clubs, bars, restaurants, High Street chains, hotels and individual retailers locally and nationally, DMH Stallard continues to guide its clients through the new legislation, providing essential support and know-how to ensure a successful outcome to many applications, hearings, appeals and transactions.

Most notably DMH Stallard represented local publican Joseph Williams to victory in a landmark case in 2006. As the landlord of The Sportsman pub in East Grinstead and a publican for over 36 years, Mr Williams was reinstated as the designated premises supervisor (DPS) after a decision made by Mid Sussex District Council to suspend the premises licence and remove him as DPS was overturned on appeal. The Council’s case against Mr Williams came as a result of police concern regarding several incidents at the pub after a period of ill health forced Mr Williams to employ a temporary manager. It was during the four weeks under the new manager that the incidents causing the police concern took place. The police used new powers to review under the Licensing Act to attempt to suspend Mr Williams as DPS and temporarily close his pub. The Magistrates found in favour of Mr Williams and overturned the Licensing Committee’s decision in its entirety. The Sportsman did not suffer any closure and Mr Williams will remain as DPS. To our knowledge this was the first time that the police used the new Act in this way.
Joseph Williams said,

“On behalf of everyone involved in the pub I would like to thank… the team at DMH Stallard for their support and for helping us achieve a fair result.”

DMH Stallard also helped the London Development Agency in relation to the licensing applications for the extensive Crystal Palace Anniversary Celebrations. Following the withdrawal of the original application made by LDA we were able to re-submit the application, within a very short timeframe, for the celebrations to go ahead. The final Premises Licence provides as much flexibility as possible and will allow a wide variety of events to take place, for example, philharmonic orchestra performances, live music events and cultural festivals. The new Premises Licence ensures the on-going cultural regeneration of Crystal Palace.

The licensing team have been key advisors to the Real Estate Group’s leisure industry and retail clients in the many licensing issues arising from the purchase of a zoo to the expansion of an Indian restaurant chain and the licensing training for retail personnel – evidence that the licensing needs of many of our clients through all sectors continues to grow.