Licensing Act 2003 - Premises Licence

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Overview

Application for a New Premises Licence

Application to Vary a Premises Licence

Other Forms

Notes

Overview

If you wish to apply for a premises licence you must apply to the licensing authority in the area in which the premise is situated.

When completing the application form please read the notes at the beginning and end of the form carefully.  Complete all sections of the form.  If any part of the form is incomplete it will be returned to you.

The Licensing Act 2003 transfers responsibility for licensing alcohol from the Magistrates Courts to the Local Authorities.  In addition it brings six existing licensing regimes under one new licensing system - alcohol, public entertainment, cinemas, theatres, late night refreshment houses and night cafes.

The licensable activities that will come under the new Act are:

• The sale by retail of alcohol
• The supply of alcohol by or on behalf of a club
• The provision of regulated entertainment
• The provision of late night refreshment (hot food and hot drink between 11pm and 5am)

Regulated Entertainment includes:

• The performance of a play;
• An exhibition of a film;
• An indoor sporting event;
• Boxing or wrestling entertainments;
• A performance of live music;
• Any playing of recorded music;
• A performance of dance;
• Or entertainment of a similar description to live music, recorded music or dance.

If you provide any of the activities listed above, then you must apply for a premises licence.

This guidance has been issued by North Shropshire District Council to assist you to complete your application form.  However, if there are any points about which you are uncertain, you are advised to seek independent advice.  You are also advised to contact the responsible authorities as to their policy on dealing with applications under this Act.

You can view the Licensing Act 2003, the accompanying Guidance issued under section 182 of the Licensing Act 2003, and all regulations issued under the Licensing Act 2003 both here and on the Department of Culture Media and Sports website - www.culture.gov.uk.

Application for a new Premises Licence

If you wish to apply for a new premises licence you must complete the application form entitled 'Application for a premises licence'.

Part 3 of this form consists of your operating schedule.  When completing this operating schedule you must complete each box in Part 3 (P) to show that you have taken account of the four licensing objectives:

For further help on completing the operating schedule, please read our separate guidance notes - 'Guidance for Applicants filling in applications for Premises Licences and Club Premises Certificates'.  When you complete this form you need to provide:

1. The fee
2. A plan in the specified form (see note 1).
3. If you wish to sell alcohol, the completed form Consent Form - Premises Supervisor (to be a premises supervisor, you must hold a personal licence)

You must send copies of your completed application form and ALL accompanying documents to the Chief Officer of Police on the same day that you send it to the licensing authority.  You must also copy the application to all responsible authorities. (See Responsible Authorities under the Licensing Act 2003.)

You must also advertise your application (see note 2).

Application to Vary a Premises Licence

Once the premises for which you are applying is granted a premises licence which allows you to provide any of the licensable activities, you are able to apply to vary those conditions at any time.

If you wish to do this, you must complete the application form entitled Application to Vary a Premises Licence.

Part 4 of this form consists of your operating schedule.  When completing this operating schedule you must complete each box in Part 4 (P) to show that you have taken account of the four licensing objectives:

For further help on completing the operating schedule, please read our separate guidance notes 'Guidance for Applicants filling in applications for Premises Licences and Club Premises Certificates'.

When you complete both parts of this form you need to provide:

1. The fee
2. The premises licence including a copy of the plan of the premises in the specified form (see note 1).

You must send copies of your completed application form and ALL accompanying documents to the Chief Officer of Police on the same day that you send it to the licensing authority.  You must also copy the application to all responsible authorities.  (See Responsible Authorities under the Licensing Act 2003)

You must also advertise your application (see note 2).

Other Forms

There are a number of other forms that you may need at a later date and information on these forms will be updated after November.  The instructions on the information to submit with the forms and who the forms are to be sent to are contained in the forms themselves.  There is a fee payable for all these applications.

Application for a provisional statement

Application to vary premises licence to specify an individual as designated premises supervisor

Application to transfer premises licence

Interim Authority Notice

Notification of an Interest in Premises

Specimen Public Notice

Notes

Note 1

1. The plan of the premises that must accompany the application shall comply with the paragraphs below.
2. Unless the relevant licensing authority has previously agreed in writing with the applicant that an alternative scale plan is acceptable to it, the plan shall be drawn in standard scale.  'Standard scale' means that 1 millimetre represents 100 millimetres.
3. The plan shall show-
   1. the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
   2. the location of points of access to and egress from the premises;
   3. if different from paragraph (3)(b), the location of escape routes from the premises;
   4. in a case where the premises is used for more than one existing licensable activity, the area within the premises used for each activity;
   5. in a case where an existing licensable activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol;
   6. fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;
   7. in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
   8. in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
   9. in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
   10. the location and type of any fire safety and any other safety equipment; and
   11. the location of a kitchen, if any, on the premises.
4. The plan may include a legend through which the matters mentioned or referred to in paragraph (3) are sufficiently illustrated by the use of symbols on the plan.

Note 2

1. Advertisements of an application must be made in the form of a notice that is displayed for 28 days from the day after you send your application to the Licensing Authority.  See Specimen Public Notice.  The advertisement must be;
   1. At least size A4,
   2. pale blue in colour,
   3. printed legibly in black ink or typed in black in a font at least size 16;
   4. displayed prominently at or on the outside of the premises to which the application relates where it can be conveniently read from the exterior of the premises, and in the case of a premises covering an area of more than fifty metres square, a further notice every fifty metres along the external perimeter of the premises abutting any highway; and
2. by publishing a notice on at least one occasion during the ten working days from the day after you send your application to the Licensing Authority -
   1. in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises;

Your advertisement must include;

1. a statement of the relevant licensable activities or a brief description of the proposed variation;
2. the name of the applicant or club;
3. the postal address of the premises or club premises,
4. the postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and where and when the record of the application may be inspected;
5. the date by which an interested party or responsible authority may make representations to the relevant licensing authority (28 days from date of application)
6. that representations shall be made in writing; and
7. that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

You must declare on your application form that you have advertised your application in accordance with the regulations.  It is an offence to make a false statement when completing your application form.

On-line Applications and Public Information Register

NSDC On-line Application Forms and Public Information Register

Related Documents

Licensing Act 2003

Guidance issued under Section 182 of the Licensing Act 2003

Guidance for Applicants filling in applications for Premises Licences and Club Premises Certificates

Responsible Authorities

Statement of Licensing Policy

Related Website

Department for Culture, Media and Sport