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Welcome to the Licensing Advice Project at Citizens Advice Westminster

The Licensing Advice Project (LAP) provides a free, independent, impartial and confidential information, advice and representation service to residents, residents’ groups and businesses in Westminster on their rights and responsibilities as ‘interested parties’ relating to Licensing Act 2003 and related legislation; Gambling Act 2005; and Local Government (Miscellaneous Provisions) Act 1985.

Licensing Act 2003

Licensing Act 2003 requires premises intending to sell/supply alcohol by retail, provide late night refreshment or provide regulated entertainment to apply for a premises licence. Premises which already hold a premises licence such as bars, restaurant, nightclubs and pubs can also apply to open later or to change conditions on their licence.

Local residents are able to make relevant representations in respect of these applications. A representation must relate to the likely impact of the application on the promotion of the licensing objectives, which are: prevention of public nuisance, prevention of crime and disorder, public safety and protection of children from harm. The Act requires the licensing authority to exercise its licensing functions with a view to promoting the licensing objectives.

For more information please see the advice section of this website or contact us.

See our step by step guide to the licensing process

Residents can also apply to “review”:http://www.licensingadvice.org/jargon an existing licence if it is causing problems connected to the licensing objectives. This includes problems with noise, nuisance, crime and disorder and a range of other problems.

For more information please see the advice section of this website or contact us.

Gambling Act 2005

The Gambling Act covers applications involving betting shops, and requires licensing authorities to ‘aim to permit’ gambling, subject to a number of factors. There are two main types of betting shop application: for a new betting shop, or an extension of hours for an existing betting shop. Different factors apply to each and the requirements of the Act for residents to be able to make effective representations are notably different to those of Licensing Act 2003.

See our step by step guide to the licensing process

There is also a right of review under Gambling Act 2005, but again the requirements are different to those in Licensing Act 2003.

For more information please see the advice section of this website or contact us.

Local Government (Miscellaneous Provisions) Act 1982

This Act (as amended by Policing and Crime Act 2010) categorises lap-dancing and similar premises as sexual entertainment venues (SEVs). When the amendments to the Act came in to force in it required each premises providing relevant entertainment to reapply for an SEV licence, unless they were exempt under the Act. Any other premises is free to apply for an SEV licence.

SEV licences must be renewed each year by application to the City Council.

Residents may object to application for a new SEV licence, for a variation of an SEV licence or for the renewal of an SEV licence.

Relevant grounds for objection under the Act are different to those for the alcohol/entertainment licensing and gambling licensing regimes.

See our step by step guide to the licensing process

For more information please see the advice section of this website or contact us.

Disclaimer

The content of this website is for general information only for residents in relation to their role as potential interested parties in connection with relevant licensing legislation and is not intended to be, or constitute, legal or other professional advice. The website content is provided as at the date the information was published and may be subject to change after that date. Legal or other professional advice should be taken before acting or relying upon any of the contents of or information contained in this website. We are not responsible for external links.