Best Licensing Lawyers in Havant

1. About Licensing Law in Havant, United Kingdom

The Licensing Act 2003 forms the core framework for licensing in Havant. It regulates the sale of alcohol, the provision of regulated entertainment, and late night refreshment. Havant Borough Council acts as the licensing authority for premises licences and related licences within its area.

The four licensing objectives under the Licensing Act 2003 are crime and disorder, public safety, public nuisance, and protection of children from harm.

Local authorities like Havant Borough Council assess applications, consult with the police and other bodies, and decide on licences or impose conditions to meet public interests. In Havant, most licensing decisions are made by the council’s licensing committee after consideration of objections and representations from residents or other stakeholders.

Understanding the interplay between national law and local policy is crucial for anyone operating a licensed venue or seeking to obtain a licence. You may need professional guidance to prepare applications, respond to representations, or handle enforcement matters.

Key formal routes include premises licences, personal licences, and temporary events notices. The process is designed to balance business opportunities with community safety and welfare.

For Havant residents and business owners, official guidance and application portals are available through the government and the council’s websites. See the cited sources for specifics on how the regime operates in Havant.

2. Why You May Need a Lawyer

Opening or expanding a licensed venue in Havant often requires expert legal help to navigate the Licensing Act 2003. A solicitor or licensing attorney can represent you at hearings and prepare robust documentation to support your case.

Here are concrete, Havant-specific scenarios where legal counsel adds value:

• You plan to open a new pub in Havant and need a premises licence with appropriate conditions to satisfy the four licensing objectives and minimise objections from residents.
• You want to extend the hours of operation for a venue and must apply for a variation of a premises licence, while addressing potential representations from the public or the police.
• Your organisation is applying for a Personal Licence or transferring a Designated Premises Supervisor (DPS) due to staff changes, and you need accurate due diligence and documentation.
• Your venue faces a review or potential suspension of its licence due to noise complaints or anti-social behaviour, requiring evidence gathering and negotiation with the licensing authority.
• You are planning a large event in Havant and intend to rely on Temporary Events Notices (TENs), needing compliance advice to avoid breach of limits and ensure proper notice periods.
• You are selling or transferring a licensed business and require careful handling of the licence transfer to prevent disruption to operations.

3. Local Laws Overview

To operate effectively in Havant, you should note the primary statutes that govern licensing activity locally and nationally:

• Licensing Act 2003 - the main regime for selling alcohol, regulating entertainment, and late-night refreshment. The Act took effect in 2005, with ongoing guidance and amendments from national authorities. Legislation.gov.uk
• Local Government (Miscellaneous Provisions) Act 1982 - empowers local authorities to license certain forms of public entertainment and other activities outside or alongside the Licensing Act 2003. Legislation.gov.uk
• Gambling Act 2005 - governs licensing for gambling activities that may occur on licensed premises, including gaming machines and betting activities, with enforcement by local authorities in conjunction with the Gambling Commission. Legislation.gov.uk

In Havant, the council remains the licensing authority for premises and personal licences, while enforcement and compliance are coordinated with the police and other agencies. See official sources for detailed statutory text and current practice notes.

4. Frequently Asked Questions

What is a premises licence and when do I need one in Havant?

A premises licence authorises licensable activities at a named premises. You need one if you intend to sell alcohol, provide regulated entertainment, or supply late-night refreshment at a venue in Havant.

How do I apply for a premises licence in Havant?

Applications are made to Havant Borough Council. You must provide details of the premises, the activities, the proposed hours, and a plan of the premises. Public notices are usually required.

What is a personal licence and who needs one in Havant?

A personal licence authorises a named individual to sell alcohol. Anyone applying to be the Designated Premises Supervisor or to personally run licensable activities needs one.

What is a Designated Premises Supervisor and how is it approved?

A DPS is the individual responsible for the day-to-day running of licensable activities at the premises. The licensing authority must be satisfied that the DPS is fit to hold the role.

How do I apply for a Temporary Events Notice in Havant?

A TEN allows licensable activities for short periods, typically up to 96 hours. You must submit the notice to the licensing authority within the required timeframes and follow notice requirements.

How long does the licensing process take from application to decision?

Typical decisions on premises licences in Havant take several weeks, subject to consultation and representations. A straightforward application may settle within 8-12 weeks, longer if objections arise.

Do I need a lawyer or solicitor to handle licensing applications in Havant?

While not mandatory, a licensing solicitor or attorney can improve your prospects. They help prepare applications, handle representations, and represent you at hearings.

Can the public object to a licensing application in Havant?

Yes. Representations from residents, businesses, and the police can influence the outcome. A strong legal response can address concerns and protect your interests.

How much do licensing applications cost in Havant?

Costs vary by licence type and activity. Premises licences and variations have standard application fees; TENs incur separate, smaller fees. Check Havant Borough Council for current schedules.

What is the difference between a premises licence and a club premises certificate?

A premises licence covers most licensable activities at a venue. A club premises certificate applies to members clubs with different operating conditions, often for non-profit clubs.

What happens if a licence is revoked or suspended in Havant?

Licence revocation or suspension triggers formal procedures, potential appeals, and steps to rectify the issues. Legal representation can guide you through the process.

How can I appeal a licensing decision in Havant?

Decisions can usually be appealed to the Magistrates' Court within a defined period. A lawyer can help prepare an appeal and present legal arguments.

5. Additional Resources

Use these official sources for accurate guidance and statutory text related to Licensing in Havant:

• Havant Borough Council - Licensing - Official information on premises licences, personal licences, and TENs within Havant. Havant.gov.uk - Licensing
• GOV.UK - Licensing Act 2003 - National guidance, applications, and licensing objectives guidance for England and Wales. Gov.uk Licensing Act 2003
• Legislation.gov.uk - Licensing Act 2003 and related acts - Official statutory text and amendments for licensing law. Legislation.gov.uk Licensing Act 2003

6. Next Steps

1. Define your licensing needs clearly by outlining activities, hours, capacity, and whether you need a premises licence, personal licence, or TENs. Create a written plan for Havant rights and obligations. Timeline: 1 week.
2. Consult a licensing solicitor or attorney with experience in Havant cases. Obtain at least two quotes and check track records on Havant matters. Timeline: 1-2 weeks.
3. Gather required documents, including premises plans, DPS details, identity verification, and any previous licences. Prepare a draft application package. Timeline: 1-3 weeks.
4. Submit the application to Havant Borough Council and ensure all notices are published as required. Track the consultation period and respond to representations promptly. Timeline: 4-8 weeks.
5. Prepare for a potential licensing hearing if representations are made. Develop evidence, witness statements, and a negotiation strategy with your counsel. Timeline: 2-6 weeks depending on contact with authorities.
6. Consider Temporary Events Notices for smaller events and ensure compliance with limits and safety requirements. Timeline: as events are planned.
7. Review licensing decisions and, if needed, plan an appeal with your lawyer. Ensure deadlines and procedural steps are met. Timeline: varies by case, typically within a few weeks of the decision.