Torbay Council

Licensing Act 2003


The Licensing Act 2003 came into force in November 2005. This Act effectively set up an entirely new licensing regime by which any premises offering:
will require a Premises Licence. In addition, where the sale of alcohol is involved, a Personal Licence will be required by the person designated to be in charge of those premises. There is also requirements for Members Clubs to obtain appropriate Club Premises Certificates. All licences are issued by Torbay Council.
Premises Licence holders, may apply to vary their licences, transfer them to someone new, or to change the Designated Premises Supervisor. There is no annual renewal, but there is an annual fee.
Personal Licence holders have a licence for ten years. They are renewed every ten years by the authority who originally issued the licence even if you have moved. They are transferable between businesses.
All licence holders, need to advise the licensing authority of any changes of details including changes of address, in the case of company names or if personal licence holders move. These all incur a small administrative fee.
Temporary Event Notice can be submitted for events, though there are limitations.

Who needs a Licence?

Under the Licensing Act 2003, a licence is required for premises where any of the following are provided:-
It should be noted that “premises” includes vehicles, vessels and movable stalls.
Where the sale of alcohol is an authorised activity under the Premises Licence, a Designated Premises Supervisor must be nominated to ensure that the premises operate properly. This person must be a Personal Licence holder and will authorise all alcohol sales in the premises. However they do not necessarily have to be present to ‘authorise’ that sale. There are exemptions available for ‘community centres’.
Torbay Council is the licensing authority for its area, dealing with all licensing functions relating to the above-mentioned activities. As part of the Council’s new responsibility it has prepared and published a Licensing Policy, which explains the factors that the Council will consider when examining applications for licences and for monitoring compliance with licence conditions. This policy also explains how the Council expects applicants to meet the national Licensing Objectives. These are:-
When determining applications for licences the Council can only consider matters that will impact on one or more of these objectives.
Premises licences, once granted, will last for the life of the business provided that there are no changes applied for, or it is reviewed, revoked or surrendered. It will therefore not need to be renewed annually, although an annual fee will be payable.
Information on making applications can be found on the individual pages or for all applications in the document below, a “Guide for Applying for a Licence”. The individual application pages will advise you on which application forms to download. Otherwise ring the Licensing Team.

Help on making applications or variations to Licences

If you are unsure if you have to make an application, then it may be helpful to read the relevant webpages (top left hand corner) about different types of applications. This will give you detailed advice on making applications or variations to Premises Licences and Club Premises Certificates, as well as Personal Licences.
In addition the Guide, in related documents below, will advise you on the whole process but is additionally sub divided on to each relevant page.
We have two new “Help to complete” application forms, which should be used in conjunction with the Guide, these are found on the relevant webpages for Premises Licence applications and variations.
If further help is required then please talk to an officer at the Licensing Team on 01803 208126.

Licensing ‘Statement of Principles’ 2011

Torbay Council’s Licensing ‘Statement of Principles’ is a legal requirement that has to be written and reviewed every three years. This was renewed on 7 January 2011. Copies of the Policy and support information are available to download (see Related Documents) or from Connections offices and Roebuck House.
This document lays out the principles the Council will follow when making decisions, and considering applications especially with regard to the four licensing objectives. It also gives information on the rational for issuing licences, the role and influence of representations and finally the Council's communication and enforcement approach.
There have been significant changes in the new policy particularly to the Prevention of Public Nuisance, when Torbay Council is looking to minimise the impact of later opening and music in residential areas.

Public Register

Information on all licences issued under the Licensing Act, including times, types of entertainment and associated conditions are available.

Related Documents

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Related Websites

Contact Licensing & Public Protection