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Alcohol & Entertainment

The Licensing Act 2003 creates a framework of licences, certificates and notices to regulate the sale and supply of alcohol, the provision of regulated entertainment and the supply of late night refreshment.  

There are four licensable activities under the Licensing Act 2003:

Regulated entertainment is broadly defined as any entertainment that takes place in the presence of an audience (whether members of the public or a club), or otherwise for profit, and the premises have the purpose of providing the entertaining concerned. It may include:

  • a performance of a play
  • an exhibition of a film
  • an indoor sporting event
  • a boxing or wrestling entertainment
  • a performance of live music
  • playing of recorded music
  • a performance of dance

The complete definitions of regulated entertainment are set out in schedule one of the Act. Certain performances of live music are exempt from licensing under the provisions of the Live Music Act.

The above licensable activities can only take place in accordance with one of the following authorisations:

Premises Licence | Temporary Events Notice | Club Premises Certificate

We also issue personal licences which allow individuals to authorise sales of alcohol. Personal licence holders can also be named on a premises licence as the Designated Premises Supervisor.

As the licensing authority for Carmarthenshire we are required to carry out our functions under the act with a view to promoting the licensing objectives, which are:

  • The prevention of crime and disorder
  •  Public safety
  • The prevention of public nuisance
  • The protection of children from harm

When carrying out our functions we must also follow our licensing policy, as well as any statutory guidance issued by the Secretary of State under section 182 of the Act.

Our licensing policy has been developed following consultation with representatives of licence holders, responsible authorities, local residents and their representatives.

The licensing policy has four main purposes, these are:

  • To reinforce to elected members on the licensing committee, the boundaries and power of the local authority, and to provide them with parameters under which to make their decisions.  The committee will be able to test the application against criteria set out in the policy and if necessary add conditions to those set out in the operating schedule.
  • To inform the licence applicants of the parameters under which the authority will make licence decisions, set out examples of good management practice and therefore how a licensed premises is likely to be able to operate within an area (note that each case must be examined on an individual basis).
  • To inform residents and businesses of the parameters under which the authority will make licence decisions, and therefore how their needs will be addressed.
  • To inform a court of law how the council arrived at its decisions when these are challenged in a court, and to support these decisions.

You are advised to refer to the licensing policy before preparing and submitting your applications, as we will follow this when determining your application.

Please note that certain areas of Carmarthenshire are covered by a Cumulative Impact Policy.

Downloads:

The register of current applications contains a summary of applications for premises licences and club premises certificates.

The full application can be inspected at our offices but appointments are necessary.

Downloads:

Anyone or any business can make representations to us in relation to premises licence applications or variations, premises licence reviews, club premises certificate applications and reviews of club premises certificates.

Representations may be positive or negative, but will only be considered relevant if they relate clearly to one or more of the licensing objectives. We will also reject representations which are considered to be frivolous or vexatious.

Representations can only be considered if they are submitted to us in writing within the relevant consultation period. Further advice regarding commenting on licence applications is contained in our Licensing Policy and on the Home office web site.

An annual fee is payable each year on the anniversary of the granting of the premises licence or club premises certificate. An invoice will be sent to the premises licence holder or the nominated invoicing address requesting payment of the fee. See ways to pay below.

If an annual fee payment is not made by the relevant date, we are required to suspend the premises licence or certificate until such time as the fee is paid. If you wish to pay the annual fee and your licence or certificate has been suspended you should make payment immediately and contact us so that we can also cancel the suspension notice.

If you are no longer at the premises or no longer require a premises licence or club premises certificate you must surrender the licence prior to the annual fee due date, otherwise the annual fee remains payable, even if the premises is no longer trading. Please contact us for further advice.

Downloads:

Crime and disorder incidents:
The Police deal with crime and disorder incidents at or near licensed premises. Call the Police Licensing Officer on 01269 590578 to make a complaint or 999 in an emergency.

Protection of children from harm:
In the case of underage sales of alcohol, Trading Standards carry out test purchases at licensed premises and also investigate counterfeit and non duty paid alcohol and tobacco products.

Public nuisances:
We can investigate licensed premises causing a public nuisance.  Email our public health team, or call 01267 234567 during office hours.

Public Safety:
If you wish to report concerns regarding fire safety at a licensed premises please contact the Mid and West Wales Fire and Rescue Service on 0870 6060699 or 999 in an emergency.

Our public health team investigates general health and safety concerns. Email publichealth@carmarthenshire.gov.uk, or call 01267 234567 during office hours

If you are unsure of where to direct your complaint regarding a licensed premises, temporary event notice or club premises, please contact us.

A review may be applied for by any of the responsible authorities, or any other person. A review must be evidence based and relevant to one or more of the licensing objectives which are:

  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm

Further information regarding the review application process can be found in our Licensing Policy, the Statutory S182 Guidance as well as on the Home Office web site.

If you are considering applying to review a premises licence we advise you to contact us for advice and guidance.

When a review has been applied for, any responsible authority or any other person can make a representation regarding that application.

We have adopted schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by section 27 of the Policing and Crime Act 2009) ) so that we can regulate sex shops, sex cinemas, and sexual entertainment venues in the County.

Adult Entertainment:
If you intend to provide any adult entertainment consisting of a live performance or live display of nudity at any premises to entertain a live audience for the financial gain of the organiser or the entertainer, a separate sexual entertainment licence would be required. Please refer to our sex establishment web pages for further information and guidance.

You will also require an authorisation under the Licensing Act 2003 if you intend to provide other licensable activities such as the sale of alcohol at the venue.

If you wish to provide gaming machines at a licensed premises or club you will need to obtain the relevant authorisation under the Gambling Act. For further information on gaming machines as well as gambling generally, visit our Gambling web page.

As a public body, we are duty bound to protect the public funds that we administer, and to this end we  may use the information provided to us on application forms for the prevention and detection of fraud. We may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

Page updated on: 13/05/2016

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