The Act establishes a single integrated scheme for licensing premises which are used for the sale or supply of alcohol, to provide regulated entertainment, or to provide late night refreshment.
Permission to carry on some or all of these licensable activities is now contained in a single license — the premises license.
Responsibility for issuing Premises licenses rests with local authority (previously- Justices of the Peace). The Council has to establish a Licensing Committee, which acts in a “quasi-judicial” capacity under the Act to resolve any issues relating to the licensing of a premises.

 

 

 

You may need a licence from the Council if you do any of the following:

Sell or supply of alcohol
Provide regulated entertainment
Provide facilities to allow regulated entertainment to take place.
Provide late night refreshment

Exemptions

There are certain exemptions for raffles, tombola etc. and for small premises

Raffles, tombola etc.

Raffle prizes of alcohol are exempt if all the following apply:

The lottery is promoted as an incident of an exempt entertainment.
All proceeds of the entertainment and raffle (after deduction of expenses) are not used for private gain.
The alcohol is in sealed containers.
There are no monetary prizes.
Tickets are only sold during the entertainment at the premises where it takes place, and the raffle is drawn during the event.
Participating in the lottery or in gaming is not the main inducement to attend the entertainment.

Small premises exemptions

In certain circumstances conditions imposed on a small licensed premises do not apply

1. If your premises is;
Primarily used for and is open to sell alcohol for consumption on the premises and
Your licence allows you to and you are providing musical entertainment and
The premises has a permitted capacity of not more than 200 people.

Council imposed conditions relating to the musical entertainment provided, other than those relating to public safety and the prevention of crime and disorder, will not apply and the following exemption will not apply.

2. If the above does not apply and:

Your licence allows you to provide musical entertainment and
The premises has a permitted capacity of not more than 200 people and
It is between 8am and midnight and
The premises are not being used to provide any other description of regulated entertainment.

When you provide a performance of unamplified live music or provide facilities for people to take part in such a performance, Council imposed conditions relating to the musical entertainment provided will not apply.

Where a premises licence becomes subject to review, and following consideration of the case it is deemed appropriate, a condition may be added to a premises licence to the effect that these exemptions will not apply

If you would like to speak to someone about any licensing issues please contact the Licensing Section on 01376 557790 or write to:

Licensing Officer
Licensing
Braintree District Council
Causeway House
Bocking End
Braintree
Essex
CM7 9HB

or email us on licensing@braintree.gov.uk