Summary of offences under the Licensing Act 2003

Produced in partnership with Jonathan Smith of Poppleston Allen and Joe Harvey
Practice notes

Summary of offences under the Licensing Act 2003

Produced in partnership with Jonathan Smith of Poppleston Allen and Joe Harvey

Practice notes
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All of the offences under the Licensing Act 2003 (LA 2003) are summary-only offences and therefore triable only in the magistrates' court, which normally have to be prosecuted within six months of the offence being committed. However, s 186(3) states that the time limit for laying an information is extended from six months to twelve months from the date of the offence. Proceedings are likely to be instigated by way of postal requisition.

Licensing authorities, the police or the local Weights and Measures authority can prosecute people for any of the offences contained in LA 2003. If prosecuted the court may also order the forfeiture of a personal licence or suspend it for up to six months and also order forfeiture of any goods concerned (eg alcohol). If convicted of a relevant offence as defined by LA 2003, s 113(1), the police may raise objections to the defendant applying for a personal licence, and the Licensing Authority must hold a hearing to consider whether they should be granted a personal

Jonathan Smith
Jonathan Smith

Partner, Poppleston Allen


Jonathan joined Poppleston Allen at the beginning of 1997. After being made Partner in 2002, he succeeded founder Jeremy Allen as Managing Partner in 2006, splitting his time between developing the firm and advising clients.
 
In April 2018, Jonathan handed over the reins as Managing Partner to concentrate fully on helping licensed operators solve their alcohol licensing problems.
 
Jonathan’s advice includes obtaining new premises licences, licence variations and licensing reviews, of which he is a veteran of over 250. To help understand the pressures that people working in the leisure sector face, Jonathan holds five licensing qualifications covering England, Wales and Scotland.
 
Jonathan regularly speaks at conferences and seminars. He sat on the Institute of Licensing’s operational and development committee and has sat on various Home Office and Department of Culture, Media and Sport advisory groups. By request, he was called to give evidence as part of The House of Lords Select Committee in a review of the Licensing Act 2003.
 
Some of Jonathan’s key clients include; Dominos, St Austell Brewery, Parkdean Resorts, Bourne Leisure and Red Oak Taverns.
 
The Chambers & Partners Guide describes Jonathan as “very experienced and a great source of information.” With a particular strength in providing excellent outcomes for clients. The Legal 500 Guide recognises Jonathan in their Hall of Fame. A category reserved for law firm partners who are at the pinnacle of the profession.
 
Best Lawyers has recognised Jonathan as one of the best legal talents in the world since 2009.
 


Joe Harvey
Joe Harvey

Associate Solicitor


Joe is a specialist licensing and regulatory solicitor at Poppleston Allen. Prior to moving into licensing, Joe amassed nearly 20 years’ experience in criminal defence dealing with a mixed practice of general and serious crime as well as regulatory offences.
 
Joe holds both and LLM and LLB as well as being a qualified duty solicitor and holding Higher Rights of Audience (Criminal Proceedings). He also holds the APLH (Award for Personal Licence Holders) and SCPLH (Scottish Certificate for Personal Licence Holders).
 
In Joe’s criminal defence practice, he has achieved numerous appearances in the Court of Appeal (Criminal Division) as well as Crown Courts and Magistrates’ Courts around the country. Joe’s regulatory work has included prosecutions by Fire Authorities, Local Authorities, Health and Safety Executive, DVSA and Department of Work and Pensions. Notably, he acted for a defendant in a £600,000 VAT fraud investigated by HMRC.
 
Joe’s licensing work focuses on alcohol and associated licenses. His practice has included successfully obtaining licences following contested hearings with multi representations from residents, police and Environmental Health. He is a regular contributor to the Morning Advertiser writing on licensing law issues.

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Jurisdiction(s):
United Kingdom
Key definition:
authorities definition
What does authorities mean?

judicial decisions or opinions of authors of repute used as grounds of statements of law;

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