Please click on the links below to view information on premises
licences.
what is a premises licence?
There is no difference between a premises licence in London and one in
Brighton, the application forms and premises licence are the
same. There will be local policies, however, relevant to how
flexible licensed premises can operate.
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).
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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. So for example
licensed premises in Reading would apply to Reading Borough
Council.
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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'. Some
Local Authorities issue guidance on what should be included in an
operating schedule and Bristol and Canterbury have been challenged
in the High Court over such policies.
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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
Whether your premises are in London or Luton, Wolverhampton
or Warwick these objectives underpin the local policies.
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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.
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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. Where Interested Parties have made representations
however, our experience has been that agreement is very rarely
reached.
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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.
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can people complain about the way I run my premises?
Yes they can lodge an application to review
the premises licence.
Anybody can apply at any
time to have your premises 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 three months
- revoke the licence
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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.
We recently won a High
Court case against Bristol City Council on behalf of Somerfield
Stores Limited against the imposition of unnecessary
conditions.
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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.
Click here for
a free
30-minute consultation with an expert licensing
solicitor.
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