premises licence

 

licensing child page

 

what is a premises licence?

 

A premises licence is required if an outlet wishes to carry out one or more licensable activities.  These activities include the sale of alcohol, the supply of alcohol by a club, regulated entertainment, performance of plays etc., cinema shows and the provision of late night refreshment (ie the sale of hot food or hot drink between 11 pm and 5 am).

 

how do I apply for a new premises licence?

 

You have to provide the following:

  • a completed application on a specified form
  • a plan of the premises
  • an 'operating schedule'
  • details of the person who will be in 'day to day control' of the premises (the Designated Premises Supervisor) where alcohol sales are involved
  • the fee

 

You will also need to send the completed application to other authorities and advertise the application. The application needs to be made to the local authority where the premises are located.

 

what is an operating schedule?

 

An operating schedule sets out how you will operate your premises.  It will state the type of licensable activities you wish to offer and the times you will be open for those activities.  It will say if you will open outside those hours for other non-licensable activities.  You will also need to state if you will be supplying alcohol for consumption either on or of the premises or both.  You also need to give details of the Designated Premises Supervisor (DPS).  Finally you will have to say how you will promote the 'licensing objectives'.

 

what are the licensing objectives?

 

The licensing objectives are the basis on which the Licensing Act 2003 is built. They are:

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm

 

who is a Designated Premises Supervisor (DPS)?

 

A DPS is the person in day to day control of premises authorised to sell alcohol.  He must hold a personal licence if he is to be named on the premises licence and must consent to his nomination.  Selling or supplying alcohol without a DPS named on the licence or if a DPS ceases to be a personal licence holder will lead to an offence being committed.

 

how will the local authority decide if I will get my licence?

 

The local authority must grant your licence, as applied for, if there are no representations to the application. If there are valid representations by local residents, local businesses, the police or other responsible authorities then there will be a hearing.  You can avoid a hearing if you can agree conditions which meet the concerns of the party making presentations, and both of you agree a hearing is not required.

 

how long does a premises licence last?

 

It will last indefinitely unless surrendered or revoked.  However, there will be an annual fee payable to the local authority.

 

can people complain about the way I run my premises?

 

Anybody can apply at any time to have your licence reviewed on grounds that you are not complying with the licensing objectives and/or the conditions on your licence.  After hearing representations, if the local authority considers it is necessary for the promotion of the licensing objectives it may:

  • modify the conditions on the licence
  • exclude a licensable activity from the licence
  • remove the DPS
  • suspend the licence for up to 3 months
  • revoke the licence

 

what conditions are added to the licence?

 

There are two mandatory conditions which will be placed on every licence where alcohol is sold.  The first is that there must be a DPS named on the licence who is a personal licence holder.  The second is that every supply of alcohol must be authorised by a personal licence holder.

 

The local authority can add conditions to the licence which reflect what has been stated in the operating schedule. If objections or relevant representations have been made, the local authority may add conditions which reflect these objections or representations, if they will promote the licensing objectives.  It is possible to appeal against the conditions to the Magistrates.

 

The breach of a condition is an offence and is punishable with a fine of up to £20,000 and/or six months in prison.

 

what is a Temporary Event Notice (TEN)?

 

Under the new Act you can apply for up to 12 events at a licensed premises using Temporary Event Notices (TEN).  However, the occupancy numbers are limited to less than 500 and the event cannot last more than 96 hours.  You must apply at least ten working days before the event but some local authorities are stating that they will require at least 28 days notice.  Police have the right to object to the event taking place, but must do so within 48 hours of receiving the application.

 

If your occupancy exceeds 500 you should consider varying the premises licence to include additional hours on special occasions.