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Licensing and Gambling

Important information - Licensing Act 2003 as amended by Police Reform and Social Responsibility Act 2011

Police Reform and Social Responsibility Act 2011 - Suspension of licence or certificate for failing to pay annual fee

The Licensing Act 2003 has been amended and from 25 April 2012 the licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(2).  If your licence is suspended, you will no longer be able to carry out any licensable activities.  Carrying out unlicensed licensable activities carries a penalty of a fine of up to £20,000 and up to 6 months imprisonment upon conviction.

Licensing

A licence from, or registration with, the Council may be needed if you are starting a new business, making significant changes to your present business or starting an unusual hobby. Licences are needed where a high level of safety and hygiene is required, or where ventures may have a large impact on the local area. This applies to businesses that are run from a permanent business address, from your home and some mobile services and shops. It is the duty of the proprietor to ensure that they have any necessary licences.

All forms and guidance notes relating to licence applications dealt with by the Environmental Health & Licensing service are available on these web pages.  Please use the list below to find details and application forms to either print and return to us or apply online.

In line with EU Serivces Directive, any application within that legislation can be found on our website entitled Online application.

Both forms and guidance notes are online and/or in PDF format.  For help viewing PDF files please see our help with downloads page (a link to this page is also on the right hand menu of each licence application form page).

Revised Statement of Licensing Policy 2011

Following a request from Full Council, the licensing authority carried out consultation which proposed to extend the cumulative impact area and special stress areas and to introduce a matrix approach to licensing decisions.  The Council took into account the responses from local stakeholders, residents and members of the public as well as statutory consultees and "responsible authorities" and responses have been included in the revised policy.

Full Council agreed to adopt the new policy on 15 December 2011 and the revised Statement of Licensing Policy came into effect on 20 December 2011.  The new policy can be found here Revised Statement of Licensing Policy 2011 (pdf 1.4mb)  The statement refers to a matrix approach which can be found at 2.7.1 on pages 18/19 along with notes of how the matrix approach will be applied.  The statement of licensing policy went to Full Council on 25 October 2012 and the subsequent amendment was adopted.

Amendment to Revised Statement of Licensing Policy (pdf 9kb)

The policy also refers to an agreed code of conduct for Mobile Support Units. The document can be viewed here

Mobile Support Units(26kb)

Licensing Act 2003

Under the Licensing Act 2003, you will now need a Premises Licence to carry out the following activities previously covered by other regimes: Cinema, Community Premises, Late Night Refreshment, Public Entertainment and Theatres.  To download an application form or to apply online go to our Licensing Act 2003 page.

Mandatory Conditions

New mandatory conditions for licensing came into effect on 6 April and include:- 

• Banning irresponsible promotion
• Banning the dispensing of alcohol directly into the  mouth and
• Ensuring that customers have access to free tap water

Two further conditions came into effect on 1 October 2010 and they will require an age verification policy to be in place to prevent under age sales and ensure that customers have the opportunity to choose small measures of beers, ciders, spirits and wines.

If you run an on-trade premises such as a pub, hotel or bar, or if you run a members club, then all 5 conditions apply to you

If you run an off-trade premises such as an off-licnece or supermarket, then only the requirement on age verification applies to you.

 The council will not be sending out new licences to everyone but will amend them to take these new conditions into account when we get variations, change of addresses, etc.

Mandatory Conditions (17kb)

Alcohol Licensing - Health Impact Assessment

This Health Impact Assesment (1.76mb) study has drawn upon interviews and workshops with people living and working in Brighton and Hove and upon a review of local data. We provide findings of the direct and indirect health effects of increasing the availability of alcohol.

Licensing Enforcement Policy

This link will enable you to view the policy - Licensing Enforcement Policy booklet (119kb)

The policy was agreed by Licensing Committee on 25 June 2009.

The policy is predicated upon the Council corporate enforcement policy (agreed by Cabinet) to provide compliance with recent government guidance:

1. The Compliance Code
2. Cabinet Office Enforcement Concordat
3. Regulation of Investigatory Powers, Police & Criminal Evidence, Criminal Proceedings and Investigations provisions
4. Freedom of information, Human Rights and Data Protection provisions
5. The Code for Crown Prosecutors
6. Home Office Guidance on the use of Simple Cautions
7. Other relevant legislation such as regulatory and equalities provisions and relevant guidance or professional advice.

Mainly it should ensure enforcement action is transparent, targeted, consistent, proportionate and fair.

2011 Sex Establishment Licensing Policy

The Policing and Crime Act came into effect on 6 April 2010. One of the effects of that Act is to enable local authorities to adopt powers in that act, including sex entertainment venues (SEVs).  On 15^th  July 2010 our Council passed a resolution specifying that amendments made by Section 27 of the Policing and Crime Act 2009 to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 apply to Brighton & Hove with effect from 19th November 2010.

The council had an existing policy for sex cinemas and sex shops and has now integrated those two regimes with the new sex entertainment venues.   The policy went to Licensing Committee on 18th November and was agreed.  The policy can be found below.

The first appointed date was therefore 19 November 2010.  The 2nd appointed day was 19 May 2011.  3rd appointed day will be 19^th Nov 2011.

Sex Establishment Licensing Policy 2010 (506kb)

How to apply for a Sexual Entertainment Venue Licence

Application Form
You can download a copy of the application pack below, or you can download the forms individually as you work through the guidelines given below.

Sexual Entertainment Venue Licence Application Pack [PDF 44kb]
Sexual Entertainment Venue Licence Application Form[PDF 36kb]

Applications for a sex establishment licence must be made on the prescribed form on the sex establishments page or by contacting the Licensing Team on (01273) 294429. 

You must submit a copy of your application to the address below within 7 days of submitting the application to the Licensing Team:

Chief Officer of Police,
Police Station
John Street,
Brighton,
BN1 0LA
Tel: 01273 665523

Electronic Submission of Applications

Applications may be made electronically on the prescribed form available at www.brighton-hove.gov.uk/licensing

When completing your application, you must also complete the Notices and Certifications below:

Advertisement of Application

Applicants for a sex establishment licence must give public notice of the application by publishing an advertisement in a local newspaper that is circulated in Brighton & Hove no later than 7 days after the date the application is made. 

Form of Certificate for Newspaper Advertisement [PDF11kb]
Newspaper Advertisement [PDF12kb]

Form of Certificate for Site Notice
Where the application relates to a premises, a notice must also be displayed on or near the premises in a place where it can be conveniently read by members of the public. The notice must be displayed for a period of 21 days beginning on the day the application is made.

Form of Certificate for Site Notice [PDF11kb]
Site Advertisement [PDF12kb]

The notices shall be in the form prescribed and copies of the form notices are also available at www.brighton-hove.gov.uk/licensing

Most sexual entertainment venues will require a Premises Licence or Club Premises Certificate granted under the Licensing Act 2003, as well as a sex establishment licence, in order to sell / supply alcohol, provide regulated entertainment, and provide late night refreshment.  Visit our licensing page at www.brighton-hove.gov.uk/licensing for more information.

Fees

The applications for grant, variation, renewal and transfer of a sex establishment have been established by Brighton & Hove City Council with regard to The European Services Directive: Guidance for Local Authorities and LACORS Guidance on the impact of the Services Directive on councils setting and administering local licence fees within the service sector.

The fee has been set at £4600 per annum for a new SEV licence or renewal of a SEV licence.

Gambling Act 2005

The Gambling Act 2005 Revised Statement of Licensing Policy was passed at Full Council on Thursday 13th December.  This will come into effect from January 2013, a link is given below.

Gambling Act 2005 Revised Statement (PDF 28kb)

Premises Licences exist for gambling premises (Bingo Clubs, Casinos, Betting Shops, Tracks, Family Entertainment Centres, etc.) and further information is available on the Licensing and Gambling page.  To download application forms follow the gambling premises link below.

Licence details and application forms

• acupuncture
• alcohol
• animal boarding
• body piercing 
• dog breeding
• ear piercing 
• electrolysis 
• exotic, dangerous or wild animals
• gambling premises
• gaming machines
• hackney carriages, private hire vehicles, their drivers and operators
• house to house collection (and other collections for charity)
• lottery
• personal licence
• pet shop
• pool promotor
• premises licence and club premises certificate
• regulated entertainment (music, dance, theatre, cinema, etc.)
• riding establishment
• scrap metal
• semi-permanent skin-colouring
• sex establishment 
• skin piercing 
• stage hypnotism
• street collections
• street trading (including street artist, hot chestnut selling, Upper Gardner Street Market and Street Market licences)
• tattooing 
• taxis
• Temporary Event Notice (TEN)
• track betting
• zoo

Others:
Watersports and Boatmen - licences for pleasure boats carrying passengers or being let for hire, or where water sport activities are being offered to persons under 18 years of age in a commercial manner should be obtained from the Maritime and Coastguard Agency.
Please contact the Health & Safety and Licensing Team as detailed below with any queries or enquiries.

Contact the team

Call (01273) 294429
Use typetalk: 18001 01273 290000
Email: ehl.safety@brighton-hove.gov.uk  

or visit our citydirect access point:

Bartholomew Square
Brighton BN1 1JP
Street map: Bartholomew Square