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Licensing law in Gateshead sits within the national framework set by Acts of Parliament and is administered locally by Gateshead Council and by relevant enforcement bodies. The Licensing Act 2003 governs the sale of alcohol, provision of regulated entertainment, and late-night refreshment. The Gambling Act 2005 covers betting shops, gaming machines and other gambling premises. Local licensing also covers taxis and private hire vehicles, street trading, pavement licences and certain permissions related to events. Local authorities decide applications, hear representations and may impose conditions aligned with statutory licensing objectives and local policies. Responsible authorities such as the police, environmental health, fire and rescue service and safeguarding teams may make representations or request reviews.
Specialist legal advice or representation is useful in many licensing situations. Common reasons to seek a lawyer include responding to objections from Northumbria Police or environmental health, defending a licence review or prosecution, preparing for a licensing sub-committee hearing, appealing a refusal or condition, negotiating appropriate licence conditions, advising on compliance and enforcement risks, structuring complex event or premises applications, and navigating interactions between planning permission and licensing. A lawyer experienced in licensing can help prepare evidence, witness statements and legal submissions, and can represent you at hearings and in magistrates court appeals.
Key aspects of licensing that are particularly relevant in Gateshead include the following points. Licensing objectives - for alcohol and entertainment licences the statutory objectives are the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. Types of licences - premises licences, personal licences, temporary event notices and club premises certificates are common under the Licensing Act 2003. Responsible authorities - Northumbria Police, Gateshead Council licensing and environmental health teams, fire and rescue, trading standards and safeguarding authorities are all empowered to make representations. Consultation and publicity - applications normally require a public notice and a consultation period during which representations can be made. Hearings and decisions - if relevant representations are received, a licensing sub-committee hears the matter and may grant, refuse or grant with conditions. Reviews - licences can be reviewed following concerns about the licensing objectives and may result in conditions, suspension or revocation. Gambling licensing - premises and operators are regulated under the Gambling Act 2005 with local authority functions for premises licences and the Gambling Commission regulating operators and remote activities. Taxi and private hire licensing - Gateshead Council regulates drivers, vehicles and operators with specific local conditions and standards. Enforcement and sanctions - breach of licence conditions can lead to warnings, fixed penalty notices, prosecutions, suspension or revocation. Planning vs licensing - licensing controls use for public safety and nuisance reasons but does not replace the need for planning permission where required. Local policy - Gateshead Council has a statement of licensing policy which guides decision-making and may include local approaches to cumulative impact and late-night activity.
Yes. To sell alcohol to the public or provide regulated entertainment at a premises you usually need a premises licence and often a designated personal licence holder. Small, private events may be exempt in some circumstances, but most commercial sales and public events fall within the Licensing Act 2003 and require an application or a temporary event notice.
Applications are submitted to Gateshead Council's licensing team. The process includes an application form, a plan of the premises, an operating schedule explaining how you will meet the licensing objectives and a fee. There is a statutory consultation period during which responsible authorities and members of the public may make representations. If relevant representations are received, a hearing will usually be arranged.
A personal licence authorises an individual to supply or authorise the supply of alcohol under a premises licence. If you plan to manage the sale of alcohol in a premises that has a premises licence, you or someone on staff should usually hold a personal licence. Applicants must meet specified training and background check requirements.
A temporary event notice, or TEN, allows the sale of alcohol or provision of regulated entertainment at a temporary event without a premises licence. There are limits on the number of TENs a person can give and on the number of people attending. Statutory notice periods apply - there is a standard notice period and a shorter late-notice option in certain circumstances - and responsible authorities may object in defined cases.
If a responsible authority makes a relevant representation the council will usually arrange a hearing. The licensing sub-committee will consider evidence from all parties and may impose conditions, modify the application, refuse it or grant it as applied for. Early engagement and negotiation with the objecting authority can often resolve concerns and avoid a contested hearing.
A review can be requested by a responsible authority or a “relevant person” such as a local resident or business where there are concerns that a licensing objective is being breached. The council will publicise the application for review and hold a hearing. Following the hearing the committee may revoke the licence, suspend it, impose new conditions, remove designated premises supervisors or take no action.
Yes. If you disagree with a licensing committee decision you may appeal to the magistrates court. Time limits apply for lodging an appeal - you must check the notice of decision for the precise deadline, but appeals are commonly required within 21 days of the decision being notified. Legal advice is recommended to understand grounds for appeal and the likely prospects of success.
Possibly. Licensing and planning regulate different things - licensing focuses on activities that affect the licensing objectives while planning controls the use of land and buildings. A premises may require both planning permission and a premises licence. It is important to check planning status early in the process and to ensure both permissions are in place where required.
Consequences for breach can include warnings, fixed penalty notices, licence review, suspension or revocation, and prosecution in criminal courts. Individuals may face fines or, in serious cases, imprisonment. Enforcement action is taken by responsible authorities where conditions are not met or where the licensing objectives are threatened.
They are similar in that Gateshead Council has licensing functions for both, but the legal frameworks differ. Gambling premises licences are governed by the Gambling Act 2005 with additional roles for the Gambling Commission. Taxi and private hire licensing is regulated by local bylaws and council policy with specific driver, vehicle and operator standards. Each area has its own application requirements, conditions and enforcement mechanisms.
Gateshead Council - Licensing Team and local licensing policy and application guidance available from the council's licensing service.
Northumbria Police - Licensing Unit which handles representations and public safety concerns relating to licensed premises and events.
Gateshead Environmental Health - noise, public health and statutory nuisance matters that often intersect with licensing.
Tyne and Wear Fire and Rescue Service - fire safety advice and premises risk assessments for licensed venues.
Gambling Commission - regulator for gambling businesses and operators in the UK, including guidance for premises and operators.
Local magistrates court - appeals against licensing decisions are heard in magistrates court - check local court listings for contact procedures.
Citizens Advice - general guidance on consumer rights and helping people understand procedures and where to get further help.
Law Society and specialist licensing solicitors - for finding accredited legal advisers experienced in licensing law and representation at hearings.
1. Identify the exact licence type you need and read Gateshead Council's guidance and local policy. Early clarity avoids delays.
2. Check for planning or other permissions that may also be required and contact the relevant council teams if unsure.
3. Consult responsible authorities early - for example Northumbria Police and environmental health - to understand and address any likely concerns before submitting an application.
4. Gather supporting documents such as operating schedules, risk assessments, floorplans and staff training records. Prepare clear evidence of how you will meet the licensing objectives.
5. If you anticipate objections, breaches or complexity, seek advice from a solicitor specialising in licensing law. A short initial consultation can clarify prospects, likely costs and the best strategy.
6. If a hearing or review is listed, prepare a chronological bundle, witness statements and a succinct legal argument. Consider mediation or negotiated conditions to avoid contested hearings where appropriate.
7. Keep copies of all applications, notices, correspondence and incident logs. Good record keeping supports hearings, reviews and any appeals.
8. Remember this guide provides general information and not legal advice. For case-specific advice engage a specialist licensing lawyer or qualified adviser to protect your interests and ensure compliance with local requirements.
