Who can apply

You can apply for a premises licence if you are:

• 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 Care Standards Act 2000 in relation to an independent hospital
• A chief police officer
• Anyone discharging a statutory function under His Majesty’s prerogative
• A person from an educational institute
• Any other permitted person.

Applicants must be 18 years or older.

How to apply

You can apply for:

• A new licence, or
• A variation (changes to hours or activities).

Applicants must notify responsible authorities (including the Police, Fire Service, Environmental Health, Trading Standards). You must also advertise your application:

• On the premises, and
• In a local newspaper

Important Information 

Before making your application, please note the following below:

• You will need to know your premises non-domestic rateable value (Gov.UK), this will determine your application fee.
• If the proposed licence holder is a Limited Company you will need your registered number.
• If you are applying as an individual or partnership you will have to demonstrate you have the entitlement to work in the UK.
• The applicant needs to be satisfied that the named DPS is entitled to work in the UK.
• Know what activities and times are proposed at the premises including proposed days and hours the premise will be open to the public (See Operating Schedule below)
• Know what steps will be taken to promote the licensing objectives (prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm).
• A detailed plan of the premises which shows specific features (see Plan of the premises below)
• The DPS Consent form must be completed by the proposed DPS (See Consent of a designated premises supervisor below)
• A copy of your application and consent form will be sent onto all responsible authorities e.g. Police, Trading Standards, Local Planning Authority etc.

Operating Schedule (Part 3, Sections A-M of the application form)

The operating schedule explains how you propose to operate the business and promote the four licensing objectives. It includes:

• What activities will take place.
• The proposed hours.
• The duration of the licence (if appropriate).
• Who the designated premises supervisor is.
• Whether alcohol will be sold, and if so whether it will be consumed on or off the premises.
• What steps you will take to promote the licensing objectives.

The plan should consider the type, size, location and opening hours of the premises. You should be aware that what you write in your operating schedule will be used to produce conditions that will be attached to your licence. So, you should make sure that the steps you are suggesting are realistic and within your control. If a licence is granted with conditions attached requiring the implementation of such steps, the conditions will be enforceable in law, and it will be a criminal offence to fail to comply with them.

Consent of Designated Premises Supervisor (DPS)

Every premises licensed for the sale of alcohol must have someone named as the Designated Premises Supervisor (DPS). The DPS is responsible for the sale of alcohol at licensed premises. They also act as the main point of contact for any licensing, compliance or enforcement enquiries.  Every DPS must hold a Personal Licence.

The DPS should be a person with sufficient authority to control and direct activities at the licensed premises. Normally, this is the person who has day to day responsibility for running the premises. The DPS can also be the premises licence holder. A premises licence can only name one DPS, but a DPS can be named on more than one premises licence.

If the DPS leaves the premises, the premises licence holder must apply to appoint a new one.  Without a DPS, alcohol cannot be sold.

Some Community Premises may apply to remove the DPS requirement (e.g. where a Committee manages the licence).  Check eligibility with us before applying.

Plan of the premises

The plan must be clear and legible in all respects, drawn to a suitable scale and must show:

• The boundary of the building, including any external and internal walls and, if different, the perimeter of the premises.
• Points of access to and egress i.e. doors.
• Location of escape routes from the premises.
• The area within the premises to be used for each licensable activity.
• Fixed structures including furniture and temporarily fixed objects, such as seating, which may affect escape routes.
• Location and height of any stage or raised area relative to the floor.
• Location of any steps, stairs, elevators or lifts.
• Location of all toilets.
• Location and type of any fire safety and other safety equipment.
• Location of a kitchen, if any, on the premises.

You can use a legend/ key to explain the symbols used on the plan.

Entitlement to work in the UK

If you are applying as an individual or partnership you must demonstrate you have the entitlement to work in the UK. The applicant needs to be satisfied that the DPS is entitled to work in the UK (no specific evidence is required to be provided in the application). Please see the link below for further information on what documentation is sufficient to demonstrate your entitlement.

Entitlement to work in UK can be found in Annex A of the Section 182 Guidance Document (Gov.UK), issued by the Home Office.

Apply online through GOV.UK:

• Application for a Premises Licence
• Application to Transfer a Premises Licence
• Application to Vary a Premises Licence
• Minor Variation to a Premises or Club Licence
• Notification of Interest in a Premises under Section 178
• Application for Need for a Designated Premises Supervisor to be disapplied
• Application to Specify an Individual as a Designated Premises Supervisor
• Consent to be Designated
• Consent to Transfer
• Interim Authority Notice
• Notification of Change of Name or Address
• Provisional Statement
• Request to be removed as Designated Premises Supervisor
• Temporary Event Notice

There has to be a 28-day public consultation period for anyone to make a representation.

You have to:

• put a notice on your premises within 24 hours for the consultation period explaining your application.
• publish an advertisement notice within 10 days in the local press.

Interested parties and responsible authorities may contact us to make representations about the application. These are statements supporting or opposing the application and inform the decision we make. The Council will send copies of your application to the responsible authorities.

If we don’t receive any representations within the 28-day consultation, we will grant the application.

If we do receive any representations, we will hold a hearing to make a decision. A licensing officer will contact you to tell you more about this should this occur.

Premises Licences and Club Premises Certificates last indefinitely, unless they are for a short event with a set expiry date.  An annual fee is due on the anniversary of the Grant of the licence.  An invoice is sent out in advance of this date requesting payment.  If the annual fee is not paid, then the Premises Licence/Club Premises Certificate MUST be suspended.

A licence ends only if: –

• It is surrendered by the premises licence/club premises certificate holder
• It is revoked by the Licensing Authority following a Review
• The holder of the licence/certificate dies, becomes insolvent or mentally incapable.

You may need to change your licence if you:

• Change the layout of the premises
• Add new activities
• Extend opening hours
• Change licence conditions

For small changes, you will need to apply for a minor variation.

For bigger changes, such as altering activities or increasing alcohol sales hours, you will need a full variation.

If the changes would significantly alter the nature of the business, you may need to apply for a new licence.

Minor Variation

The changes that can be dealt with by a minor variation application include:

• minor changes to the structure or layout of premises.
• small adjustments to the licensing hours.
• the removal of out-of-date irrelevant or unenforceable conditions or adding volunteered conditions.
• the addition of certain licensable activities.
• the removal of a licensable activity.

The minor variation process can’t be used to:

• add the retail or supply of alcohol to a licence.
• extend licensing hours for the sale or supply of alcohol at any time between 11pm and 7am.
• increase the amount of time during which alcohol may be sold by retail or supplied on any day.
• extend the period for which the licence or certificate has effect.
• transfer the licence or certificate from one premises to another or vary substantially the premises to which it relates.
• specify, in a premises licence, an individual as the premises supervisor.
• add the sale by retail or supply of alcohol as an activity authorised by a licence or certificate.
• remove the mandatory conditions relating to a designated premises supervisor

Full Variation

Variations are typically used to adjust your operating hours or make significant changes to the layout of the premises.

Some proposed change(s) may better fit the requirements of a minor variation. Please refer to the Guide on variations (GovUK) if you are unsure which type your proposed change falls under.

Before making your application, please note the following below.

• You will need to know your premises non-domestic rateable value (GovUK), this will determine your application fee.
• If you are trading as a Limited Company, you will need your registered number.
• Know the nature of the proposed variation e.g. activities and times.
• Know the proposed days and hours the premise will be open to the public.
• Know what additional steps will be taken to promote the licensing objectives because of the proposed variation (prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm).
• A suitably detailed plan of the premise may need to be provided should amendments to the layout or structure of the building be proposed.
• A copy of your application will be sent onto all responsible authorities e.g. Police, Trading Standards, Local Planning Authority etc by the Council.

There has to be a 28-day public consultation period for anyone to make a representation.

You have to:

• put a notice on your premises within 24 hours for the consultation period explaining your application.
• publish an advertisement notice within 10 days in the local press.

Interested parties and responsible authorities may contact us to make representations about the application. These are statements supporting or opposing the application and inform the decision we make. The Council will send copies of your application to the responsible authorities.

If we don’t receive any valid representations within the 28-day consultation, we will grant the application.

If we do receive any valid representations, we will hold a hearing to make a decision. A licensing officer will contact you to tell you more about this should this occur.

Live Music Act

The Live Music Act disapplies live music related conditions if the following criteria are satisfied:

• there is a premises licence or club premises certificate in place permitting ‘on sales’
• the premises are open for the sale or supply of alcohol for consumption on the premises
• live music is taking place between 8am and 11pm
• if the live music is amplified, the audience consists of no more than 200 people

Live music also ceases to be classed as regulated entertainment if the above criteria are satisfied.

Live music includes:

• vocal and instrumental music
• karaoke singing
• any recorded music accompanying the live music

Live un-amplified music provided anywhere shall not be regarded as the provision of regulated entertainment if it takes place between 8am and 11pm, regardless of the number of people in the audience.

There are a number of mechanisms for the protection of residents and these are:

• upon a review of the premises licence, the licensing authority can determine that conditions on the premises licence relating to live music will apply even between 8am and 11pm
• if the licence doesn’t presently authorise live music, the licensing authority can add conditions to the premises licence as though the live music were regulated entertainment authorised by that licence, again to apply between 8am and 11pm
• the licensing authority can determine that live music at the premises is a licensable activity and live music can no longer be provided without permission on the premises licence or a Temporary Event Notice
• other noise legislation, for example in the Environmental Protection Act 1990, will continue to apply. The Live Music Act does not allow licensed premises to cause a noise nuisance
• the Act removes the need to licence entertainment facilities completely – regardless of time or audience size. This means that dance floors, microphone stands, pianos made available for use by the public etc will not be licensable. Health and safety law will of course continue to apply.

Guidance

S182 Guidance issued by the Home Office

Guidance for Club Premises

Guidance for Personal Licences

Guidance for Making Representations

If problems arise, that cannot be resolved through mediation or enforcement, licences can be reviewed.  Reviews may be requested by residents, businesses or Responsible Authorities such as the Police.

Possible outcomes of a reviews include reduced hours, new conditions, suspension of the licence for a period not exceeding 3 months or revocation.