The Licensing Act 2003
The Licensing Act 2003 came into force on 24 November 2005. The Act covers all the requirements, including fire safety measures, for licensing premises, which are used to supply alcohol, provide regulated entertainment or late night refreshment.
Fire and Rescue Services are now classed amongst the ‘responsible authorities’ under the Licensing Act and should receive copies of all applications for new premises licenses, variations in existing premises licenses and club premises certificates.
What do I need to send to the Fire and Rescue Service?
You need to send a copy of everything that you send to the Licensing Authority. This includes the relevant application form with an operating schedule and plans of the premises. Get a list of contact details.
Do I have to send a separate fire risk assessment?
In premises that are classed as low risk, we would usually accept the plans and some information within the operating schedule about your fire safety measures. However, if your business is deemed to be higher risk or you employ five or more people, you will probably need to carry out and record the significant findings of a fire risk assessment. The Official Documents Archive Website contains details of how to carry out a fire risk assessment on licensed premises.
What is classed as a high risk premise?
It’s impossible to give simple rules for everywhere but in general the following licensed premises will be classed as high risk:
- Premises which have licensed areas above the second floor;
- Premises with basements;
- Large nightclubs;
- Premises which hold a large number of people.
Will the Fire and Rescue Service always inspect my premises?
No! We only have a set number of inspecting officers and therefore we target our resources at the highest risk premises. Every year we inspect a selection of the premises classed as low risk. We sometimes inspect low risk businesses at peak times. For example, we might visit a restaurant at 8pm or a nightclub at 1am.
Will the Fire and Rescue Service enforce the Licensing Act?
On most occasions we will use our own legislation to enforce appropriate fire safety standards (we would prefer you to do this yourself!) But if your premises are being run so badly that it means you are not complying with the Licensing Act, we will ask the Licensing Authority to hold a review.
What if my premises are very complicated or over several floors?
It can be difficult to carry out a fire risk assessment properly in these cases and you may need advice from your parent company or from a fire safety expert. We can provide some advice and assistance but we still can’t carry out your fire risk assessment.
Need more information?
Download a guide to fire safety in business premises (PDF)
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