Frequently asked questions
Licensing Act 2003
What are the licensable activities?
There are four main licensable activities:
- the sale by retail of
alcohol
- the supply of alcohol by or on behalf of a
club to, or to the order of, a member of the club
- the provision of regulated entertainment
- the provision of late night refreshment
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What is Regulated Entertainment?
- A performance of a play
- An exhibition of a film
- An indoor sporting event
- A boxing or wrestling entertainment (indoors or outdoors)
- A performance of live music
- Any playing of recorded music
- A performance of a dance
- Entertainment of similar description to that falling within the
performance of live music, the playing of recorded music and the
performance of dance
What is Late Night Refreshment?
These are any premises serving hot food and hot drinks between
the hours of 11.00pm and 5.00am including take-aways and
restaurants. This could include a burger van which is sited on a
particular pitch.
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Are there any other exemptions that do not require a
licence?
Yes, they are as follows:
- Film exhibitions for advertising, information or education
- Film as an exhibit in a museum or art gallery
- Incidental music
- Live TV or radio
- Incidental to a religious service or at a place or religious
worship
- Entertainment at a fete, function or similar provided that the
event is not held for private gain
- Morris dancing or dancing of a similar nature or music which
accompanies such dancing
- Entertainment in a moving vehicle
- Spontaneous music, singing and dancing
- Private event where there was no intention to make a
profit
- Darts matches etc played indoors that are not played to
entertain spectators
- Stand up comedy even if some music is involved in the Act
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What are the four licensing objectives?
The licensing objectives are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Who can make representations about a licence application or ask
for a review of the licence?
‘Interested parties’ or ‘responsible authorities’ can make
representations
- a person living in the vicinity of the premises
- a body representing persons living in the vicinity of the
premises (i.e. Residents Association)
- a person involved in business in the vicinity of the
premises
- a body representing persons involved in business in the
vicinity of the premises
- a ward councillor
- a responsible authority (i.e. Police, Environmental Protection
etc please see
Appendix 2 (pdf, 25 kb))
How long is the consultation period for a new/variation
application?
The consultation period is for 28 consecutive days, starting on
the day after the application was given to the licensing
authority.
How do I find out the rateable value of a premises?
You view this on the business rate website
or you can contact your local office on 020 7441 7000 for help
with this.
What local newspaper do I advertise my
application in?
The two local newspapers that we normally recommend are
the East End Life and the East London Advertiser.
Do I need a Designated Premises Supervisor (DPS)?
Any premises where alcohol is supplied under a premises licence
must have a DPS.
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Which responsible authorities should I send a copy of the
application and enclosures to?
To all the responsible authorities listed in
Appendix 2 (pdf, 25 kb) except the Health and Safety Executive
and Maritime Coastguard Agency. If your application relates to a
vessel then you must send your application to the Maritime
Coastguard. For certain applications, you will be required to send
your application to the Health and Safety Executive, please contact
us for further information.
How can I make a payment?
You can come into our offices to make a cash payment. Cheques
are to be made payable to the London Borough of Tower Hamlets.
Make an online payment.
Who can endorse a photo for a personal licence?
A solicitor, notary, a person of standing in the community
or any individual with a professional qualification. A "person of
standing in the community" includes a bank or
building society official, a police officer, a civil servant or a
minister of religion.
How long is a Criminal Record Bureau (CRB)
certificate valid for?
Please note that criminal record bureau certificates are only
valid for one month
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How long does a premises licence last for?
If there are no changes or reviews, the licence can last for the
life of the business, but there will be an annual fee to pay.
How long does a personal licence last for?
10 years. Then, the licence holder reapplies to the authority
which originally issued the licence irrespective of where they
currently live.
How do I transfer a premises licence?
You must make a valid transfer application and this will take
immediate effect unless there is an objection from the Police.
How do I change the Designated Premises Supervisor?
You must make a valid variation application and this will take
immediate effect unless there is an objection from the Police.
What is a provisional statement?
An application for a provisional statement may be made in
circumstances where premises are being or are about to be
constructed for the purpose of being used for one or more
licensable activities, or are being or about to be extended or
otherwise altered for that purpose. The fee for an application for
a provisional statement is £315.
Is busking licensable?
In most circumstances busking, in the sense the word is normally
used, will not be licensable. This is because busking is usually
‘incidental’ to other activities, such as shopping, or the premises
where the music is played will not have been provided for busking
to take place.
You would need to ensure that you have the relevant permission
for the area in which you wish to use, for example, you would need
to contact TFL for permissions relating to the London Underground.
It may be that the land you are proposing to use is private and
therefore you would need to obtain permission from the land owner.
You may need permission from the council Highways section if it is
on a pavement etc. If it is in a market area, then you may need to
obtain the relevant permission from the Markets Department.
There may however be instances that fall outside of this, and
other laws and by-laws may apply. Each case will be dealt with on
its own merits to ensure that there are no infringements on the
Licensing Act 2003 or other legislation e.g. trespassing or
creating a statutory noise nuisance. If the busking was
licensable then you would need to apply for a licence, please
contact us for further information.
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Contact us:
Tower Hamlets Licensing Team
Mulberry Place (AH)
PO Box 55739
5 Clove Crescent
E14 1BY
Opening hours are: 9am to 5pm on Monday
to Friday
Tel: 020 7364 5008
Fax: 020 7364 0863
Email: licensing@towerhamlets.gov.uk