Best Licensing Lawyers in Exeter

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Stephens Scown Solicitors
Exeter, United Kingdom

Founded in 1938
344 people in their team
English
Stephens Scown is a leading South West law firm with offices in Exeter, Truro and St Austell. The firm operates as an employee owned business and is B Corp certified, reflecting a long standing commitment to collaboration, accountability and client service. Founded in Cornwall in 1938, Stephens...
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1. About Licensing Law in Exeter, United Kingdom

Licensing law in Exeter, United Kingdom is primarily governed by national legislation administered by local licensing authorities. Exeter City Council is the licensing authority responsible for issuing premises, personal and other licences within its area. Decisions can be reviewed or appealed through the courts if necessary.

The Licensing Act 2003 forms the central framework for alcohol, entertainment and late night licensing across England and Wales. Local policies and enforcement practices supplement the Act, and Exeter-specific policy statements guide how licences are issued and renewed. Solicitors and licensing specialists in Exeter routinely assist with applications, variations and representations to avoid delays or refusals.

Understanding the interplay between national law and local policy is essential. Licensing decisions often hinge on evidence about crime and disorder, nuisance, public safety and child protection. A qualified solicitor or licensing solicitor can help you prepare robust submissions and respond effectively to representations.

2. Why You May Need a Lawyer

Exeter businesses and residents frequently seek legal assistance for complex licensing matters. Below are real-world scenarios where licensed legal advice is crucial.

Scenario 1: Extending drinking and entertainment hours A pub on Exeter’s Quayside wants to extend hours on Fridays and Saturdays to 2am. The owner must navigate a premises licence application and respond to any local representations. A solicitor can help prepare the application, liaise with the licensing authority and coordinate representations from responsible authorities.

Scenario 2: Modifying a premises licence after a change of use A restaurant plans to host live music late at night in central Exeter. This requires a variation to the premises licence and potentially additional conditions. Legal counsel can assess which licensable activities fall under the act and ensure conditions are appropriate and enforceable.

Scenario 3: Running a community or private event with TENs A charity festival along Exeter’s River Exe involves temporary events notices (TENs) for alcohol and entertainment. A licensing solicitor can help prepare TENs, manage notice periods, and handle objections from residents or authorities.

Scenario 4: Taxi and private hire licensing challenges A taxi firm in Exeter faces a licence renewal or suspension after a policing or enforcement action. Legal counsel can review the decision, prepare representations, and, if needed, appeal to the appropriate tribunal or magistrates’ court.

Scenario 5: Challenging a local licensing decision A nightclub near the University of Exeter is granted a licence with restrictive conditions after resident complaints. A lawyer can prepare a robust case for an appeal or a variation, and coordinate with the licensing authority and interested parties.

Scenario 6: Compliance and enforcement disputes A business receives a breach notice for late-night alcohol sales. Legal advice helps interpret the notice, determine appropriate responses, and limit potential penalties or licence suspension.

3. Local Laws Overview

Licensing Act 2003

The Licensing Act 2003 regulates the sale and supply of alcohol, regulated entertainment and late-night refreshment. It introduces four licensing objectives: crime and disorder, public safety, nuisance, and the protection of children from harm. Exeter licensing decisions should align with these objectives and the policy statements of the local authority.

All premises licences authorise activities such as the sale of alcohol and regulated entertainment subject to conditions to protect the four licensing objectives.

Learn more about licensing under the Licensing Act 2003.

Police Reform and Social Responsibility Act 2011

The Police Reform and Social Responsibility Act 2011 introduced powers for licensing authorities, including the late-night levy in England and Wales and changes to enforcement provisions. Local authorities in Exeter consider these provisions when designing local policy and handling enforcement matters.

Late night levies enable licensing authorities to recover some costs of policing late-night venues where licensed premises operate late at night.

Explore guidance on the late-night levy.

Local Government (Miscellaneous Provisions) Act 1976

This Act provides a framework for licensing private hire and hackney carriage services, which governs taxi licensing within Exeter. It is supplemented by local byelaws and Exeter City Council licensing practice. The act remains a key statutory backbone for taxi licensing in many English regions.

Taxi and private hire licensing is typically administered by the local authority under the Local Government (Miscellaneous Provisions) Act 1976.

Read guidance on taxi and private hire licensing.

4. Frequently Asked Questions

What is a premises licence under the Licensing Act 2003?

A premises licence authorises the sale or supply of alcohol, regulated entertainment, and late-night refreshment on a specific premises. It is granted by the local licensing authority after consultation and consideration of representations.

How do I apply for a premises licence in Exeter?

Submit an online application to Exeter City Council, including plans, operating schedule and fee payment. The council will publish notices and invite representations from responsible authorities and the public.

What is a personal licence and do I need one?

A personal licence holder is authorised to supervise licensed activities at a premises. If you manage alcohol sales, you or your business may need a personal licence.

How long does a licensing application typically take?

Simple applications may be decided within several weeks; more complex cases with representations can take longer. Timelines depend on consultation periods and hearings if representations occur.

What costs are involved in licensing applications?

Costs include application fees to the licensing authority and potential advertising or publicity costs. Fees vary by licence type and complexity, with additional costs if a hearing is required.

Do I need a solicitor for licensing matters?

While not required, a solicitor with licensing experience can reduce risk, help prepare robust submissions, and navigate hearings or appeals more efficiently.

Can I appeal a licensing decision in Exeter?

Yes. If representations are upheld or dismissed in a way you disagree with, you can appeal to the magistrates' court or seek appropriate relief through the courts.

What’s the difference between a premises licence and a TEN?

A premises licence covers ongoing licensable activities at a location, while a Temporary Event Notice (TEN) covers short events with up to 499 attendees for a limited time frame.

How do I challenge a decision by Exeter City Council on licensing?

First, consider an internal review or appeal. If unresolved, you can pursue a formal challenge through the magistrates' court or corresponding tribunal, guided by a solicitor.

Do I need to publish a local notice for licensing changes?

Most licensing applications require consultation with local authorities and public notification. The exact requirements depend on licence type and local policy.

Is there a limit on operating hours for alcohol licensing?

No universal national hour limit exists. Hours are determined via the premises licence, conditions, and local policy decisions. Restrictions may apply based on representations.

Can I transfer or vary a licence in Exeter?

Yes. You can transfer a licence to another person or vary its conditions, subject to the licensing authority’s approval and any representations.

5. Additional Resources

6. Next Steps

  1. Define your licensing needs clearly by listing activities, hours, and any expected changes in Exeter. Set a timeline for the licence process.
  2. Gather essential documents, including site plans, floor plans, relevant plans for the premises, and any required training certificates.
  3. Consult a licensed Exeter solicitor or legal counsel with licensing Expertise to review the application and risk factors. Schedule an initial consultation within 1-2 weeks.
  4. Submit the application to Exeter City Council and prepare for the public consultation and representation period. Monitor for any representations within the advertised window.
  5. Prepare robust responses to representations and plan for a potential licensing hearing if required. Establish a clear evidence pack and witness statements.
  6. Attend any hearings with your legal counsel and present a concise case, focusing on the licensing objectives and your operating schedule.
  7. If the decision is unfavorable, discuss appeal options with your solicitor and pursue the appropriate remedy within statutory time limits.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.