TRANSITIONAL ARRANGEMENTS FOLLOWING THE COMING INTO EFFECT OF THE LIQUOR LICENSING AND PUBLIC ENTERTAINMENTS REGULATIONS 2022.
The following guidance is intended to assist licensees who hold a liquor licence or club registration issued under the Licensing Act 1995 (the 1995 Act) or a licence issued under the Music and Dancing Act 1961 (the 1961 Act).
The Liquor Licensing and Public Entertainments Regulations 2022 (the LLPER) issued under the Liquor Licensing and Public Entertainments Act 2021 (the LLPEA) come into effect on Monday 12 December 2022.
The transitional period during which all current licences must be transferred to licences under the LLPEA 2022 ends on 30 June 2023. Any licence not transitioned by that date will expire and therefore have no effect. It is therefore very important that all licensees make application to the court to transition from a licence or registration held under the 1995 Act or the 1961 Act to a licence under the LLPEA.
All application forms are available on the Isle of Man Courts of Justice website.
The following information is required in any application to transition:-
On Licences and Off Licences (including on-licences with restaurant conditions and on-licence with residential conditions)
1. Application on behalf of an individual:-
- Application (Form LLPE1/Individual)
- Site Management Plan
- Site plan or confirmation that the site plan currently held by the court remains accurate
- Fee (£36.50 for each licence to be transitioned)
- NB: References are not required.
2. Application on behalf of a Company:-
- Application (Form LLPE1/Company)
- Site Management Plan
- Site plan or confirmation that the site plan currently held by the court remains accurate
- Application to transition current Designated Officials to Responsible Persons (Form LLPE2)
- Fee (£36.50 for each licence to be transitioned)
- NB: References are not required.
Club Licences from Club Registration Orders
- Application (Form LLPE1/Club)
- Site Management Plan
- Site plan or confirmation that the site plan currently held by the court remains accurate
- Application for the approval of Responsible Person(s) (Form LLPE2/RP) and proof that each applicant has passed the Manx Licensing Course
- Fee (£36.50 for each Club Registration to be transitioned to a Club Licence)
Public Entertainments Licence from a licence under the 1961 Act (Music and Dancing)
- Application (Form LLPE1/Individual or LLPE1(Company) as appropriate)
- Site Management Plan
- Site plan or confirmation that the site plan currently held by the court remains accurate
- Fee (£36.50 for each Music and Dancing licence to be transitioned to a Public Entertainments Licence)
NB: There is no requirement to advertise any transitional application.
Applications and accompanying documents should be filed with the fee in duplicate at the court offices. Court administration will provide a copy to the Central Alcohol Unit.
Duration of Licences issued under the LLPEA and LLPER:-
Once granted (either under the transitional provisions or otherwise) a licence granted under the LLPEA or LLPER is valid from the date specified upon it. Licences remain valid until one of the following events in listed Regulation 27(2) occurs:-
(a) the licensed premises in respect of which the licence was granted cease to be used for the sale or supply of liquor or for public entertainment;
(b) the licensee, being an individual, dies;
(c) the licensee, being an individual becomes bankrupt or, being a company, becomes insolvent;
(d) the licensee, being a person other than an individual, is dissolved;
(e) the licence is revoked under the Act or these Regulations;
(f) the licensee surrenders the licence;
(g) where the licence is a special event liquor licence or an occasional public entertainment event licence, the end of the event which that licence is granted in connection with;
(h) in connection with a charitable function licence, the holder of the licence ceases to be a charitable organisation;
(i) in connection with a club licence, the club ceases to be established and conducted in good faith as a club; or
(j) the prescribed fee in connection with the licence is not paid.
Or (in the case of licences issued under the 1961 Act or the 1995 Act) at the conclusion of the transition period on 30 June 2023.
NB: the appropriate annual fee according to the table in the Liquor Licensing and Public Entertainments (Fees) Regulations 2022 will fall due on the 1 April each year after 2023. Failure to pay that fee will mean that the Liquor Licence or Public Entertainments Licence to which it relates ceases to have effect and the premises to which the licence relates will no longer be licensed.