Licensing Act 2003—conditions

Copyright © 2025 LexisNexis
Produced in partnership with David Lucas FBII, MIoL of Lucas Licensing Limited and Jonathan Smith of Poppleston Allen
Practice notes

Licensing Act 2003—conditions

Copyright © 2025 LexisNexis

Produced in partnership with David Lucas FBII, MIoL of Lucas Licensing Limited and Jonathan Smith of Poppleston Allen

Practice notes
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This Practice Note considers the three types of conditions that can be imposed on a premises Licence granted under the Licensing Act 2003 (LA 2003), namely mandatory, proposed and imposed conditions. It covers the detail of those conditions together with conditions that are not permitted.

Types of conditions

LA 2003 allows conditions to be attached to a premises licence or club premises certificate in three circumstances, namely:

  1. •

    mandatory conditions—these are conditions that must be attached to a premises licence or club premises certificate in the circumstances specified

  2. •

    proposed conditions—these include conditions suggested by an applicant or the holder of a premises licence or club premises certificate and those that are considered to be consistent with the operating schedule accompanying an Application, and

  3. •

    imposed conditions—these are conditions that the licensing Authority considers appropriate for the promotion of the licensing objectives, following receipt and consideration of relevant Representations at a hearing (unless all the parties agree that a hearing is not necessary)

Conditions

David Lucas
David Lucas, FBII, MIoL chambers

Solicitor, Lucas Licensing Limited

David is a specialist in gambling, alcohol and entertainment licensing and has recently become a consultant.

He has previously represented operators of alcohol, entertainment and gambling premises in Great Britain. He has also advised responsible authorities and licensing authorities, including acting as legal advisor to licensing committees.

David provides training to operators, licensing authorities and responsible authorities on all aspects of licensing and gambling including specialist areas such as compliance, conditions, hearings and appeals.

He is a consulting editor to “Paterson’s Licensing Acts” (Butterworths) and has provided contributions on the Licensing Act 2003 and the Gambling Act 2005. David is also the author of Licensing and Gambling Practice Notes published by LexisNexis.

David is a member of the Board of the Institute of Licensing and Chairman of the East Midlands Region. He is also a member of the national Board of Best Bar None and the regional council of the BII.

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Jonathan Smith
Jonathan Smith

Partner, Poppleston Allen

Jonathan joined Poppleston Allen at the beginning of 1997. After being made Partner in 2002, he succeeded founder Jeremy Allen as Managing Partner in 2006, splitting his time between developing the firm and advising clients.
 
In April 2018, Jonathan handed over the reins as Managing Partner to concentrate fully on helping licensed operators solve their alcohol licensing problems.
 
Jonathan’s advice includes obtaining new premises licences, licence variations and licensing reviews, of which he is a veteran of over 250. To help understand the pressures that people working in the leisure sector face, Jonathan holds five licensing qualifications covering England, Wales and Scotland.
 
Jonathan regularly speaks at conferences and seminars. He sat on the Institute of Licensing’s operational and development committee and has sat on various Home Office and Department of Culture, Media and Sport advisory groups. By request, he was called to give evidence as part of The House of Lords Select Committee in a review of the Licensing Act 2003.
 
Some of Jonathan’s key clients include; Dominos, St Austell Brewery, Parkdean Resorts, Bourne Leisure and Red Oak Taverns.
 
The Chambers & Partners Guide describes Jonathan as “very experienced and a great source of information.” With a particular strength in providing excellent outcomes for clients. The Legal 500 Guide recognises Jonathan in their Hall of Fame. A category reserved for law firm partners who are at the pinnacle of the profession.
 
Best Lawyers has recognised Jonathan as one of the best legal talents in the world since 2009.
 


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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Licence definition
What does Licence mean?

A Licence is required by an alternative business structure to provide one or more reserved activities (such as probate services or litigation and advocacy).

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