Licensing Act 2003

The committee can and is expected to have a scheme of delegation for different types of decision; this means that many applications will be decided by officers.

The committee is not regarded as quasi-judicial (Hope and Glory Public House Ltd, R v City of Westminster Magistrates Court & Ors [2011] EWCA Civ 31), and should make its decisions in accordance with the principles of natural justice and with regard to the Human Rights Act 1998 (Articles 1, 6 and 8 of the European Convention on Human Rights are likely to be engaged).

Anyone who already had a licence under the previous licensing schemes in their name – typically a pub landlord – were grandfathered without applying for a qualification.

TENs also cover licensing over alcohol to clubs, entertainment or late night refreshment (serving hot food between 23:00 and 05:00).

On 25 April 2012 a late TEN was introduced, which can be submitted between five and nine working days before the event and should only be used when unforeseen circumstances lead to short notice.

So long as the criteria noted above are met (as well as any others that may apply, for example, if alcohol is being sold, that provisions are in place to stop persons under the age of 18 from buying it) and the police have no objections, the event can proceed.

The council cannot impose any further conditions, limitations or restrictions, but if the authority is convinced that any of the above limits will be exceeded, or they uphold a police objection (which can only be made on the grounds of crime prevention), they will issue a counter-notice which effectively cancels the TEN.

The act made a few important changes to the current law regarding children and alcohol, although they were not publicised at the time.

For instance, a rule allowing children under eighteen years of age to sell alcohol in supermarkets is extended to all licensees, as long as "the sale or supply has been specifically approved by that or another responsible person", thus making it legal for people under 18 to work in a bar.

Someone under the age of eighteen attempting to purchase alcohol for the first time in English law is considered a criminal offence, and is punishable by a fine of up to £1,000 (or level 3 on the standard scale).

One retired chief superintendent reflected that the act had “placed extraordinary demands on already stretched police resources”.

[6] There have been press stories about how the law unreasonably singles out the playing of musical instruments when compared to other forms of entertainment, such as circus performances.

[7] To deal with the concerns raised, the Live Music Forum was set up, chaired by Feargal Sharkey.

[11] On 8 November 2007, the Department for Culture, Media and Sport reported that there were 176,400 licensed premises in England and Wales.