Since 29 July 2009 new legislation has been introduced into the Licensing Act 2003. This involves village halls and community premises such as church halls, chapels (and parts thereof).
Community premises can now apply to have the standard mandatory conditions under section 19 of the Licensing Act 2003 removed from their premises licence. The section 19 conditions require all premises licensed for the sale of alcohol to have a DPS and for all sales of alcohol to be made or authorised by a person who holds a personal licence.
This change will enable community premises to operate without a DPS and for sales of alcohol to be made on such premises without the authorisation of a personal licence holder.
Only the management committee of the premises can apply under this procedure. The application form requires the applicants to provide the names of the management committee's key officers. The licensing authority must be satisfied that arrangements for the management of the premises by the committee or board are sufficient to ensure the adequate supervision of the supply of alcohol on the premises.
New applications for a premises licence (community premises)
For those community premises wishing to apply for authorisation for the sale of alcohol for the first time, they should include the form for removal for the requirement for a DPS and personal licence with the new premises licence application or variation application. No fee is required beyond the fee for the new application or variation, both of which are based on rateable value.
Community premises with existing premises licence to sell alcohol
Existing premises are not exempt from the requirements of mandatory conditions regarding DPS's and personal licences. Where a community premises already has a premises licence to sell alcohol, but wishes to benefit from the relaxation in the requirements regarding DPS, the management committee should apply to include the alternative licence condition in place of the usual mandatory condition by submitting the prescribed form together with the prescribed fee of £23.
