Industry regulation: UK licensing laws

The retail sale of alcohol in the UK is a highly regulated industry currently governed by a relatively new licensing act that came into force on November 24th 2005.
 
Licensing covers pubs, as well as all other premises where alcohol (amongst other licensable activities) is sold by retail premises, such as restaurants and supermarkets.
 
In order to trade a pub requires a premises licence which is the permission for a specific property to have alcohol served within it. The licence is issued by the Local Authority and stipulates clearly the terms under which the pub may trade – including hours, activities and conditions that must be adhered to. Failure to trade within these parameters can lead to review of the premises licence and ultimately revocation. The premises licence does not expire in normal events.
 
This premises licence includes all trading terms that previously fell within the licences formally known as supper, late, entertainment and children’s licences amongst others.
 
Successful trading also requires the sale of alcohol to be authorised by a nominated 'Designated Premises Supervisor (DPS)' specific to each individual pub. This person is also responsible for monitoring the day to day conduct of trade in the pub; ensuring that they trade legally. The DPS must be nominated by the premises licence holder. The DPS will by qualification hold a personal licence which will not be granted without the individual satisfying the Local Authority that he or she is a fit and proper individual to hold such a licence – this will include passing an NCPLH course and attaining a criminal record check. The personal licence lasts for 10 years, although it is liable to suspension or revocation in the event of an offence being committed.
 
Where there may be a unique opportunity to trade outside the hours of the premises licence then a Temporary Events Notice (TEN) may be applied for. This replaces the old occasional licence and each personal licence holder has the ability to use 50 of them per annum, although only 12 can be used on any premises in a calendar year. These represent an ideal opportunity to exploit key events throughout the year such as sporting events, weddings and saints days.
 
The development of existing pubs is subject to compliance with applicable planning, land use and environmental regulations. Changes to trading areas or access also require the consent of the licensing authority via an application to vary the premises licence.
 
The transition to the new act was a tremendous challenge to the industry. Punch invested circa 45,000 man hours in submitting the highest number of applications in the UK. Importantly it offers a tremendous opportunity to extend opening hours and trading activities to grow our businesses. 94% of Punch pubs in England and Wales gained extra hours under the new act at an average of 6 hours per week and many more continue to identify new business opportunities and apply every day. The speculation of mass 24 hour drinking is a myth, with only 7 pubs in the Punch estate having the ability to open for up to 24 hours. The reality has been a well reported widespread reduction in crime and antisocial behaviour.