Premises licence - application forms and resources

Introduction

The following activities require permission under the Licensing Act 2003:

• Sale by retail of alcohol or supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.
• Regulated entertainment this may include plays, films, indoor sporting events, boxing or wrestling entertainment, live music, recorded music, performance of dancing, anything of a similar description to live music, recorded music or performance of dance, provision of entertainment facilities for making music, provision of entertainment facilities for dancing or the provision of entertainment facitilites of a similar description to making music or dancing.
• Late night refreshment which is the provision of hot food or drinks between the hours of 11pm and 5am.

Please note the Police Reform and Social Responsibility Act 2011 has made a number of changes to the Licensing Act 2003. The information provided will be updated in order to reflect changes. There are a number of future changes which are likely to come into effect at the end of April and October, information and guidance will be updated as appropriate.

The permission thay may be granted is:

• Temporary event notice
• Premises licence
• Club premises certificate

Smoking Laws

From Sunday 1 July 2007 virtually all enclosed public places and workplaces in England are smoke free by law. This applies to all premises open to the public including:

• pubs
• clubs
• restaurants
• taxis

If you operate a licensed premises you will need to think carefully about how you will deal with people wanting to take their food and drink outside so that they can smoke. If you are considering using an outside area within the boundary of your premises you will need to consider whether this will have any impact on your licence, it may be that you will need to vary your current licence.

You may have no outside facility within your property in which case you should consider the impact of people congregating on the pavement outside of your premises, in particular the possible noise and disturbance caused to local residents.

Premises Licence

A Premises Licence can be applied for to permit one or more of the following licensable activities under Licensing Act 2003:

• Sale by retail of alcohol;
• Regulated entertainment this may include plays, films, indoor sporting events, boxing or wrestling entertainment, live music, recorded music, performance of dancing, anything of a similar description to live music, recorded music or performance of dance, provision of entertainment facilities for making music, provision of entertainment facilities for dancing or the provision of entertainment facilities of a similar description to making music or dancing;
• Late night refreshment which is the provision of hot food or drinks between the hours of 11pmand 5am.

Eligibility Criteria

The following can apply for a premises licence:

• anyone who uses carries on 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 Care Standards Act 2000 in relation to an independent hospital
• a chief police officer of a force in England and Wales
• any individual discharging a statutory or function under Her Majesty's prerogative
• a person from an educational institute

• any other permitted person

Applicants must be over the age of 18.

Regulation summary

The Licensing Act 2003 regulates premises licences.

Application Evaluation Process

Applications must be sent to the licensing authority for the area where the premises are situated.

Applications for the grant or variation of a premises  - Your application must be submitted with the following:

• Application form - which includes the operating schedule detailing licensable activities, timings and opening hours being applied for, if the application is to be time limited the period being applied for, details of the designated premises supervisor, if alcohol is being applied for whether it is to be sold for consumption on or off the premises or both, the steps proposed to promote the licensing objectives and any other required information.
• Fee (pdf, 70 KB)
• Plan of the premises  - please see guidance notes (pdf, 105 KB)which identify the requirements in respect of plans
• If the application is for the supply of alcohol the  form of consent from the premises supervisor

Applicants are required to advertise their grant or variation application and to give notice of the application to any other person or responsible body, eg the local authority, chief police officer or fire and rescue authority.

A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.

The licensing authority will serve a notice of its decision on the applicant, any relevant persons and the chief of police.

Minor variations - Applications can also be made for minor variations which includes for premises layouts or structures, small adjustments to licensing hours, removal of out of date, irrelevant or unenforceable conditions, addition of volunteered conditions, addition of licensable activities . The fee for a minor variation is £89.00. Guidance notes should be read prior to submitting your application.

Transfers or varying designated premises supervisor - Applications can also be made to vary the designated premises supervisor or to transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met. Your application should consist of an application form, consent form and fee of £23.00.

Removing the requirement for a designated premises supervisor in respect of churches, community centres and the like  - Such premises may apply for the requirement to have a designated premises supervisor  a person who holds a personal licence to be removed. The effect is to make a management committee collectively responsible for the sale of alcohol. Similarly any new application for a community type premises licence will not to have to nominate a person to be the delegated premises supervisor. In those cases where the requirement for a designated premises supervisor will not apply, will have an alternative mandatory condition applied to the premises licence. The alternative condition will require that every supply of alcohol under the premises licence must be made or authorised by the management committee of that premises.

The cost to have such a requirement removed is £23.00, new applications for such premises will not incur any additional costs in respect of this. Guidance notes will be available for applicants shortly. Further information is available from the Department for Media Culture and Sport.

Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.

Will tacit consent apply?

Minor Variations - No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the Council within a reasonable period please contact us. You can contact us online if you have applied through the UK Welcomes service.

All other premises licence applications - Yes. This means that you will be deemed granted if you do not receive any representations to the application. In the event that representation are received your application will be placed before the licensing committee for determination.

Please note that the target completion period of 60 days will not commence until a complete application is submitted..

Apply online

Grant applications

Apply for the grant of a premises licence  or Apply for provisional statement

Designated premises supervisor

Apply for need for designated premises supervisor to be disapplied

Apply to vary the designated premises supervisor and Consent to be named as designated premises supervisor

Request to be removed as designated premises supervisor

Variation applications

Apply to vary a premises licence or Apply for minor variation to a premises licence

Transfer applications

Apply to transfer a premises licence and Consent to transfer

Other applications

Notification of interest in a premises

Apply for interim authority notice

Notification of change of name or address

Pay annual charge for premises licence

Application forms

Grant of premises licence 

Application for a premises licence (pdf, 139 KB) (PREM 4) (pdf) or Application for a premises licence (msword, 424 KB) (word)

Designated Premises Supervisor Consent Form (pdf, 0.6 MB) (PREM2) (pdf) or Designated Premises Supervisor Consent Form  (msword, 282 KB)(word)

Provisional statement

Application for a provisional statement (pdf, 138 KB)(PREM 5) (pdf) or  Application for a provisional statement (msword, 415 KB)(word)

Vary a premises licence 

Application to vary premises licence (pdf, 39 KB) (PREM 6) (pdf) or Application to vary premises licence (msword, 282 KB)(word)

Minor variations

Application for minor variation (msword, 104 KB)(Word)

Transfer a premises licence

Application to transfer a premises licence (pdf, 39 KB) (PREM 8) (pdf) or Application to transfer a premises licence (msword, 145 KB)(word)

Consent of Premises Licence Holder to Transfer (pdf, 22 KB) (PREM 15) (pdf) or Consent of Premises Licence Holder to Transfer (msword, 51 KB) (word)

Vary designated premises supervisor

Application to vary a premises licence to specify an individual as designated premises supervisor (pdf, 0.6 MB)(PREM 7) (pdf)

Application to vary a premises licence to specify an individual as designated premises supervisor (msword, 71 KB)(word)

Designated Premises Supervisor Consent Form (pdf, 81 KB)(PREM2) (pdf) or Designated Premises Supervisor Consent Form (msword, 59 KB) (Word)

Application for designated premises supervisor to be disapplied

Application for removal of requirement for a designated premises supervisor (msword, 86 KB) (Word)

Notification of interest in premises

Notification of Interest in a premises under section 178 (pdf, 0.6 MB) (PREM 11)

Interim authority notices

Interim Authority Notice (pdf, 98 KB) (PREM 10)

Request to be removed as designated premises supervisor (pdf, 20 KB)

Review of premises licence

Application for the review of a premises licence or club premises certificate (pdf, 34 KB) (PREM 14)

Applicant complaints

Please contact us in the first instance. If your application for a licence is refused the failed applicant can appeal. 

Appeals shall be made to the Marigstrates court within 21 days of the notice of the decision.

Licence holder redress

A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Consumer complaints

An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Other redress

The chief police officer for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.

A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.

Any persons or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.

Any persons or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

A chief police officer may make representations to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.

Any persons or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Trade associations

Association of Licensed Multiple Retailers (ALMR)

Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)

Federation of Licensed Victuallers Association (FLVA)

Institute of Entertainment and Arts Professionals (IEAP)

Guidance

Guidance notes have been produced to assist applicants when submitting applications. The information has been made as comprehensive as possible. However, in attempting to simplify the law, certain requirements have been omitted. For full details please consult the legislation itself.

The information in this guidance was accurate when produced but you are always advised to seek your own legal advice should you have any queries and you should note that the Council cannot be liable in any way for the contents of this guidance.

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