
The Licensing Act 2003 has now been in place since the end of November 2005. The following pages provide guidance to applicants and residents on how the Licensing legislation works.
The guidance explains how to apply for Premises, or Personal Licenses, or for Temporary Event permits, and how residents and businesses can make representations to the Council about a licence application.
Since November 2005, Kingston Council has been the licensing authority for the Royal Borough of Kingston upon Thames. Licences are required by any premise in the Borough that either:
A full list of these premises, with the conditions attached to their licence, can be found by following the linkat the bottom of the page to the Public Register.
The Review procedure enables people living or working near a licensed property, to request a change(s) to the terms of the licence. A request under this procedure must relate to an ongoing problem in one or more of the four licensing objectives.
The four objectives of the Licensing Act 2003 are:
For every three year period, the Council must determine its policy with respect to carrying out its licensing functions [i.e. its ‘Statement of Licensing Policy’]. The current policy expires on the 6 Feburary 2008. We now wish to consult with residents,and businesses within the Borough, on any changes that you would wish to be included in the Licensing Policy that is to operate from 7 February 2008. Any responses will be placed before the Licensing Committee in May 2007 and must be received by the Council no later than 6 April 2007.
Reponses may be sent by post or fax to the Principal Licensing Officer at the below address/number. Alternatively you can e-mail to: licensing@rbk.kingston.gov.uk
Following the May Committee you will be advised of any changes that the Licensing Committee proposes to make to the existing policy. This will give you the opportunity to make comments on the suggested changes which will be submitted to Committee in, or around September 2007. At this meeting the Committee will make its final decision on the new Licensing Policy that it will recommend to Full Council for approval.
From 1 July 2007 a no smoking ban came into force. No Smoking is permitted in premises that the public have access to that are "enclosed" or "substantially enclosed" 'Enclosed' currently means having a ceiling or roof and is wholly enclosed either permanently or temporarily. 'Substantially enclosed' means having a ceiling or roof but there is an opening or openings which account for less than half of the area of the walls.
From this date, signs of at least A5 size will have to be displayed. Failure to display these signs could attract a fixed penalty notice of £150 and smoking in a smoke free place a fixed penaly notice of £30.
Court appearances for an offence could attract fines of £1,000 for failing to display the signs; £250 for smoking in a smoke free place; and £2,500 for permitting smoking.
Those licensed premises who have conditions on their licenses preventing people entering, or re-entering, their premise after a certain time, or restrictions upon the use of the garden area, will need to carefully consider if, or how, they intend to deal with customers wishing to smoke.
If you require further information please contact Kingston Council’s Licensing Team:
In writing:
The Licensing Office
Guildhall
Kingston upon Thames
KT1 1EU.
Telephone: 0208 547 5079 / 80
Email: licensing@rbk.kingston.gov.uk
Fax: 020 8547 5568