Applying for a new premises licence under the 2003 licensing Act is probably more complicated now than it ever was under the old 1964 licensing Act. Under the old 1964 licensing Act there were both an on premises licence and an off premises licence. some applications were known as part 4 licensees new premises licence application is not only submitted to the local council's licensing authority, but to all relevant responsible authorities within a given council area. This will normally include the chief of police for the local area, fire service, planning authority, child protection unit, trading standards, health authority, environmental health authority and in some areas the rivers authority. A premises licence application must address the four licensing objectives and how the business will promote them but must also meet with the approval of all the responsible authorities the premises licence application is submitted to.
The licensing objectives that must be covered by each new premises licence application are as follows;
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Undermining any of these licensing objectives could lead to a review of a premises licence before a licensing committee. A local authority licensing committee have the power to;
- Revoke a premises licence (for up to five years)
- Suspend a premises licence (for up to three months)
- Remove the designated premises supervisor
- Apply conditions to a premises licence
All new premises licence applications must state what licensing activities will be taking place on licensed premises and at what times these activities will take place.
Licensable activities are;
- The sale of alcohol by retail
- The supply of alcohol by a members club
- The provision of regulated entertainment
- The provision of late night refreshment (between the hours of 11pm – 5am)
Any premises selling alcohol by retail, providing any form of regulated entertainment or providing late night refreshment between the hours of 23.00 hours until 05.00 hours the following day will need to be licensed under the Licensing Act 2003. Late night refreshment is specified as the retail sale of hot food and hot drink.
A premises licences is issued by the local council where the premises is situated. all premises licence applications are issed and controlled by licensing authority within the area the premises is located. This generally covers businesses such as pubs, social clubs, members clubs, restaurants, night clubs, cafe's, cinemas, theaters, hotels, off licenses and late night food takeaways.
Any premises where alcohol is supplied under a premises licence must have a nominated designated premises supervisor (DPS). This is a person who should be in day-to-day control of the licensed premises. A DPS must be a personal licence holder but will not necessarily be the premises licence holder, although this may sometimes be the case. It is expected that they will be the main point of contact for the premises at all times for the council's licensing authority, the police, fire service and all responsible authorities within the geographical council area. The DPS should be contactable should any problems occur at the licensed premises.
Eligibility criteria for your premises licence application
Any of the following may apply for a premises licence:
anyone who operates a business in the premises to which the application relates
a recognised club
a charity
a health service body
a person who is registered under the Health and Social Care Act 2008 in relation to an independent hospital in England
a chief police officer of a force in England and Wales
anyone discharging a statutory function under Her Majesty's prerogative
a person from an educational institute
any other permitted person
Applicants must not be under 18 years of age.
Regulation summary
View a summary of the regulation relating to this licence on the Department for Culture, Media and Sport website.
Application process for a premises licence
Applications must be sent to the council for the area where the Licensed premises are located.
Applications must be made in a specific format and be accompanied by the required application fee. Premises licence application fees are based upon the rateable value of the premise to be licensed. Scale plans at 1:100 0r (1:150 if approved by the licensing authority) must be submitted with the application and show where alcohol is sold and consumed.
Each new premises licence application must be accompanied by a consent form signed by the proposed Designated Premises Supervisor.
For all new premises licence applications or full variations of a premises licence application an operating schedule promoting the four licensing objectives must be written and included as part of the application procedure.
An operating schedule will include details of:
- The licensable activities taking place
- The times when the activities will take place
- Any other times when the premises will be open to the public
- In the case of applicants who wish to have a limited licence, the period the licence is required for
- Information in respect of the premises supervisor
- Whether any alcohol that is to be sold is for consumption on or of the premises or both
- The steps proposed to be taken to promote the licensing objectives
- Any other relevant required information
For new, provisonal statements or full variation applications
Copies of the application form, including any relevant accompanying documents, must be sent to all the responsible authorities on the same day that the application is given to the licensing authority.
A notice of licence application must be displayed at the premises to be licensed for 28 consecutive days. The notice must be copied onto pale blue paper not less than A4 size. How ever this may vary from one local authority to another. The number of notices to be displayed is determined by the size of the premises.
A news paper advert must be placed in a suitable local news paper. The notice must be placed in the public notices section. It is recommended that the advertisement is not placed in the newspaper until the council's licensing authority has confirmed that the application including all the required information has been submitted in full and is correct.
As a company we specialise in preparing new premises licence applications. All our premises licence applications are prepared by our expert legal team who have a wealth of knowledge in writing licensing schedules and producing new premises licence applications on behalf of our clients. Our team of licensing experts also include professional surveyors how will ensure your application has the correct planning consent and any changes you intend to make to the premise such as; new signs, new shop fronts or any structural alterations have correct planning approval and meet with building control.
Submitting your premises licence applications
Once your premises licence application has been prepared our licensing team will submit your application to all relevant authorities and forward your blue legal notices to you.
We then have to wait for 28 days for the consultation period to finish, if no representations are received then the new premises licence will be granted. However if a representation is received by an interested party or responsible authority then the application will be subject to a hearing before the licensing committee. As a company we endevour to resolve any concerns or issues by responsible authorities prior to a hearing. However this may not always be the case and a hearing maybe required.
Our record at winning new premises licence applications
Over the years we have submitted hundreds of new premises licence applications to various licensing authorities throughout England & Wales. Our current success rate is 98% successful which we feel is an excellent track record.
Call us today to discuss your proposed licence application and obtain a free quotation.
Our premises licence applications service is available for clients in England and Wales only
