Alcoholic Beverages Act 2003 Revoke Bar License in UK

The Licensing of Alcoholic Beverages Act 2003 (the “Act”) introduced a new statutory regime for the licensing of premises where alcohol is sold or supplied in the United Kingdom (“UK”). The Act abolished the old system of “licences” and “certificates” and replaced it with a new “licensing regime”.

The licensing regime is overseen by the Licensing Authority, which is a local authority such as a district council or a city council. The Licensing Authority is responsible for issuing licences and for deciding whether to grant or refuse an application.

There are five types of licence which are available under the Act:

1. a premises licence;
2. a personal licence;
3. a club licence;
4. a temporary event notice; and
5. a late night refreshment licence.

A premises licence is required for any premises where alcohol is sold or supplied, whether on a permanent or temporary basis. A personal licence is required by anyone who wishes to sell or supply alcohol at premises licensed under the Act.

A club licence is required for premises which are used principally for the supply of alcohol to members or their guests. A temporary event notice is a short-term licence which is authorising the sale or supply of alcohol at a specific event. A late night refreshment licence is a licence which authorises the sale of hot food and drink between the hours of 11pm and 5am.

The Act sets out a number of licensing objectives which the Licensing Authority must have regard to when deciding whether to grant a licence. The objectives are as follows:

1. The prevention of crime and disorder;
2. The prevention of public nuisance;
3. The protection of children from harm;
4. The promotion of public safety; and
5. The prevention of fraud and corruption.

The Licensing Authority must also have regard to any relevant representations which have been made in respect of an application.

The Act allows the Licensing Authority to impose a number of conditions on a licence. The conditions which are imposed will be tailored to the specific premises and the activities which are to take place there. Some of the more common conditions which are imposed include a requirement that the premises be supervised, a requirement that the sale of alcohol be restricted to certain hours, and a requirement that the sale of alcohol be accompanied by the provision of food.

The Act also allows the Licensing Authority to suspend or revoke a licence where it is satisfied that the licence holder is no longer fit and proper to hold a licence. The grounds for suspension or revocation are set out in the Act and include, for example, the sale of alcohol to children, the sale of alcohol to persons who are drunk, and the supply of alcohol to persons who are not members of the club.

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