Alcohol and regulated entertainment
Alcohol Licensing - New Temporary Off-Sales Permissions
Provision in the Business and Planning Act 2020 temporarily modify the Licensing Act 2003. This provides an automatic extension to the terms of most premises licences which only permit the sale of alcohol for consumption on the premises, to allow the sale of alcohol for consumption off the premises.
This makes it easier for licensed premises to sell alcohol to customers for consumption off the premises in England and Wales.
The new off-sales permission will permit off-sales to be made at a time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier. Measures also temporarily suspend existing licence conditions, in so far as they are inconsistent with the new off-sales permission.
Conditions on existing dual premises licences (permitting both on-sales and off-sales) that would prevent one or more of the following are also suspended under the temporary off-sales permission:
- Off-sales being made at a time when the premises are open for the purposes of selling alcohol for consumption on the premises (subject to a cut off time of 11pm or the closure time of an existing outdoor area, whichever is earlier.
- Off-sales being sold in an open container.
- Deliveries to buildings used for residential or work purposes.
You should notify the Licensing Team if you intend to start making off-sales under the new permission, so that we are aware of all the ways you are providing licensable activities and we ask that you complete the below form and display it in your premises window.
If you are unsure if you are entitled to use the temporary permission please contact the Licensing Team who will be able to offer advice.
The Licensing Act 2003 licences the sale of alcohol, the provision of late night refreshment, the provision of live and recorded music, films, plays, dancing, boxing, wrestling, indoor sporting events and provision of facilities for dancing or making music. The licensable activities are
- To sell alcohol
- To supply alcohol to a club member or sell to a guest of the club member (qualifying clubs only)
- To provide regulated entertainment
- To sell hot food or drink between 23:00 and 05:00 for consumption on or off the premises (including takeaways and mobile caterers except hotels, staff canteens or campsites)
These activities may only be carried out on or under and in accordance with one of the following
The licensing objectives
The Licensing Act sets out the key licensing objectives that must be promoted by the council as the licensing authority. They are
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- Protection of children from harm
The licence holder, Warwick District Council and other agencies must work together to promote these objectives.
Further guidance for applicants
Every premises where alcohol is supplied under a premises licence requires a Designated Premises Supervisors and these individuals require a personal licence.
- Premises licence guide
- Premises variation guide
- Premises minor variation guide
- Village hall community premises guide
- Club premises guide
- Operating schedule guidance
- Addresses of responsible authorities
Once a licence has been granted, the licensing authority is able to impose terms, conditions and restrictions on that licence. This could be either in the form of conditions specific to the individual and mandatory conditions applicable to all premises.
Council licensing act policy
The council's licensing act policy sets out the approach that the licensing authority intends to take in determining applications and carrying out its duties in terms of regulation and enforcement.
Search for licences or submitted applications
- Search the public register of licences
- Search current applications
- Search applications under review (licensing act 2003)
Representations for or against an application
Any resident or local business, or someone acting on their behalf such as a residents association, trade association or elected councillor, may make 'representations' or comments to the council about applications for new licences, variations or reviews. Comments may be positive or negative, but will only be considered 'relevant' by the council if they relate clearly to the licensing objectives.
Councils may also reject comments considered to be 'frivolous' (not serious or time-wasting) or if they relate to personal disputes between businesses.
If the council considers your reasons for making representations are relevant, it will arrange a hearing to consider the evidence. You, or someone representing you, will be invited to the hearing to explain your concerns. A representation can be made by:
If you make a representation in relation to an application, your full representation along with your personal details will be included in a public agenda. If you wish for these details to be excluded from the public agenda please contact the Licensing department.
Apply for a review of a licence
You may apply for a review of a licence or certificate that is in force. It is not intended to allow a second attempt to persuade the licensing authority following failed representations on an earlier occasion. It is a formal process and therefore before applying for a review you wish to consider if your concern could be dealt without outside of the formal review process.
Apply for a licence
You can complete Licensing Act 2003 application forms online or on paper applications.
It is in the public interest that the application is processed as quickly as possible so if you do not hear from us within a reasonable time please contact us. For information how long the team will take in determination the application please see the Timescale Policy.
Any application which receives representations would require a hearing. Details of previous hearings, minutes agendas and reports.
Licence fee and length
The application must be accompanied by the fee and the correct supporting documentation in order to prevent the delay in the processing or acceptance of your application.
Each premises which holds a licence (excluding parish/community halls which do not sell alcohol) has to pay an annual fee. Warwick District Council issue invoices for annual fees in November each year for all premises whose licence was granted on or before the 24th November 2005. All other premises will be issued shortly before the anniversary of the licence. Please note a licence will be suspended if the annual fee is not paid.
Paying your annual fee
If a licensed premises does not pay their annual fee on the due date the licensing authority are required to suspend the licence to operate.
The premises licence has no expiry date and must be surrendered in writing to be removed. It can also be removed by the Committee following a review.
Compliance and enforcement activities
Throughout the year, officers of the Licensing Authority will carry out risk based and unannounced inspections of all licensed premises to ensure conditions of licence and safe standards are being maintained. Any identified failings will be dealt with in accordance with the Enforcement Policy.