Understanding Licensable Activities
A comprehensive guide to licensable activities under the UK Licensing Act 2003
Introduction
The sale of alcohol to the public at a premises, or the supply of alcohol at a members’ club, is generally a regulated activity requiring a premises licence or club premises certificate.
The provision of regulated entertainment, such as amplified recorded or live music, is generally a licensable activity before 8am or after 11pm, depending on licensed status, venue and audience size.
Late night refreshment - the provision of hot food or drink between the hours of 11pm and 5am - is also a licensable activity.
Even where licensing law permits an activity, planning constraints may prohibit it. Particular care must be paid to planning use class, planning conditions imposed by previous planning decisions, and any general conservation area or listed building constraints.
The Sale by Retail of Alcohol
Any business selling alcohol to the public requires appropriate licensing:
- Pubs, bars, and nightclubs.
- Restaurants and cafés serving alcoholic beverages.
- Shops and supermarkets selling alcohol for off-premises consumption.
- Online retailers delivering alcohol to customers.
A Personal Licence Holder must authorise all alcohol sales, and the premises must hold a valid Premises Licence or Temporary Event Notice.
For distance sellers, it is the warehouse packaging the goods for distribution which requires licensing, rather than the website hosting company or call-centre processing orders.
A business may operate under a premises licence held by a third-party (e.g. a logistics provider packaging online orders). However, where orders are processed by the business (e.g. payments for website orders are taken directly) a Personal Licence holder is still required.
Separate permissions are required for sale of alcohol for consumption on a premises (on-sales) and for consumption off-premises (off-sales). For example, an off-licence will require permission for off-sales, whilst a restaurant serving alcohol will require permission for on-sales.
The area that must be licensed is where the contract of sale for the alcohol is completed (e.g., the bar in a restaurant. This is not necessarily the same place as where the alcohol is handed to the customer.
Read our article on alcohol in outdoor areas such as pub beer gardens to understand the interplay between on and off-sales.
The Supply of Alcohol on Behalf of a Club
Private members' clubs operate under different rules than public establishments. When alcohol is supplied:
- On the premises of a qualifying club (where members jointly own the alcohol stock).
- To members or their guests.
- Without making a profit beyond covering costs.
These venues typically require a Club Premises Certificate rather than a standard Premises Licence.
A Personal Licence holder is not required.
Note that, under this certificate, alcohol cannot be supplied for consumption off the premises.
The Provision of Regulated Entertainment
What Makes Entertainment “Regulated”?
For an activity to be considered regulated entertainment, it must meet three key criteria:
- It must be provided, at least partly, for the purpose of entertaining an audience.
- It must take place on premises made available for enabling that activity.
- It must occur in the presence of a public audience or, if private, be subject to a charge made with a view to profit.
Types of Regulated Entertainment
Performances of Plays and Dance:
No licence is needed between 8am and 11pm if the audience doesn't exceed 500 people. Outside these hours, a licence is required.
Film Exhibitions:
“Not-for-profit” film screenings in community venues like church halls are exempt between 8am and 11pm, provided the audience is under 500 people, age ratings are followed, and consent is obtained from the venue operator.
Indoor Sporting Events:
These are exempt between 8am and 11pm if attendance doesn't exceed 1,000 people.
Boxing or Wrestling:
Greco-Roman or freestyle wrestling matches between two participants don't require a licence if held indoors with under 1,000 spectators between 8am and 11pm on the same day.
Live and Recorded Music:
The playing of unamplified live or recorded music at any time is not a licensable activity.
The following exemptions exist for the playing of amplified music, between 8am and 11pm with an audience limit of 500:
- Amplified live music in workplaces not licensed for alcohol
Note: this can apply to beer gardens not included in a premises licence plan where off-sales of alcohol are consumed. - Amplified live or recorded music in venues authorised to sell alcohol for on-premises consumption.
- Amplified live or recorded music in community venues with appropriate permission.
Important Exemptions for Regulated Entertainment
The law provides numerous exemptions where no licence is required, even for regulated activities:
- Religious worship or activities in places of religious worship.
- Education-related performances (teaching music or dance).
- Educational or informational films.
- Private rehearsals where no profit is sought.
- Spontaneous performances.
- Background or "incidental" music or film.
- Traditional dance forms like Morris dancing.
- Community events like garden fêtes (if not for private gain).
- Product demonstrations in retail settings.
- Live television or radio broadcasts.
- Entertainment in moving vehicles.
- Pub games (pool, darts, table tennis).
- Stand-up comedy.
- Provision of entertainment facilities like dance floors.
Cross-Activity Exemptions
Some broader exemptions apply across multiple entertainment categories:
- Entertainment provided by healthcare providers, local authorities, and schools at their own non-domestic premises between 8am and 11pm.
- Entertainment by traveling circuses in moveable structures staying less than 28 days (excluding film exhibitions and boxing/wrestling).
Late-Night Refreshment
Late-night refreshment refers to the supply of hot food or drink to the public for consumption on or off the premises between 11pm and 5am. This includes:
- Takeaways and fast-food restaurants open after 11pm.
- Late-night cafés serving hot beverages.
- Mobile food vans operating during these hours.
- Hotel room service providing hot food or drinks during these hours.
The area that must be licensed is where the hot food or drink is handed to the customer.
General Licensing Considerations
Timing
The time of day significantly impacts licensing requirements:
- Activities taking place before 8am or after 11pm almost always require licensing, regardless of other factors. For example, exemptions for amplified music only apply between 8am and 11pm.
- Late-night refreshment is specifically defined as occurring between 11pm and 5am.
Licensing applications in difficult areas (see choosing a premises) are generally made significantly less complicated by stopping all licensable activities at 11pm.
Multiple Licensable Activities
It's important to note that many businesses conduct multiple licensable activities simultaneously. For example, a pub might:
- Sell alcohol.
- Host live music performances.
- Show sporting events on television.
- Serve hot food after 11pm.
In such cases, the venue needs to ensure its Premises Licence covers all relevant activities. Even if some entertainment activities fall under exemptions, licensing may still be required for alcohol sales or late-night refreshment.
Environmental Considerations
The noise generated by regulated entertainment can lead to complaints from local residents, potentially endangering business operations. When applying for licences, venues should consider:
- Sound insulation measures.
- Operating hours.
- Potential impact on the local community.
- Noise management plans.
Planning Constraints and Licensing
Beyond the licensing considerations under the Licensing Act 2003, businesses must also navigate planning regulations that control how properties can be used. These planning constraints work alongside licensing requirements and can significantly impact business operations.
Use Classes and Their Impact
Current Use Class System (Post-September 2020):
The planning system in England underwent significant reforms in September 2020, replacing many of the traditional use classes with broader categories.
Planning Use Class E (Commercial, Business and Service) now encompasses many businesses that previously fell under separate classifications, including:
- Retail shops (formerly A1).
- Restaurants and cafés (formerly A3).
Sui Generis Uses:
Some uses fall outside the standard classification system and are designated as “sui generis” (in a class of their own). Under current regulations, these include:
- Pubs, bars, and drinking establishments (formerly A4).
- Hot food takeaways (formerly A5).
- Nightclubs.
Planning Permission Requirements
Changing Use Classes:
When changing the use of premises, planning permission may be required:
- Changes within the same use class (e.g., from one type of retail to another within Class E) generally don't require planning permission.
- Changes from one use class to another (e.g., from residential to commercial) typically require planning permission.
- Changes to or from sui generis uses almost always require planning permission.
Planning Conditions:
Even with the correct use class, specific planning conditions might limit:
- Opening hours.
- Noise levels.
- External alterations.
- Customer capacity.
- Types of activities permitted.
These conditions take precedence over general permissions granted by use classes and must be carefully reviewed before establishing a business.
Takeaway Food Considerations
Ancillary Takeaway Service:
Restaurants and cafés (Class E) are permitted to offer takeaway food as an ancillary activity to their main eat-in business without requiring additional planning permission. However:
- The takeaway element should remain secondary to the main restaurant business.
- The character of the premises should remain primarily as a restaurant where customers can sit and eat.
Dedicated Hot Food Takeaways:
Premises operating primarily as hot food takeaways (where the majority of customers take food away rather than eat in) require:
- Specific sui generis planning permission.
- Additional consideration of waste management, odour control, and potential neighbourhood impact.
Final Recommendations
The dual requirements of planning permission and licensing can be complex and may overlap:
- Planning permission relates to how the property is used.
- Licensing relates to specific activities conducted within the property.
Both must be in place for a business to operate legally. Importantly:
- Having a Premises Licence does not grant planning permission.
- Having planning permission does not eliminate the need for appropriate licences.
- Both planning and licensing conditions must be considered when operating a premises.
Seeking Professional Advice
Given the complexity of both planning and licensing regulations, businesses are advised to:
- Consult with planning officers at their local authority before making changes.
- Consider employing planning consultants for complex cases.
- Ensure that any property leased or purchased has the correct planning use class for the intended business.
- Check for restrictive planning conditions before signing leases or completing purchases.
Understanding these planning constraints is essential for any business seeking to provide licensable activities, as failure to comply with planning regulations can result in enforcement action regardless of licensing status.
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