Premises application guidance
A premises licence authorises the use of any premises for licensable activities defined under the Licensing Act 2003. Premises licences are issues by the licensing authority in which the premises are situated. Any person (aged 18 or over) who is carrying on or who proposes to carry on a business which involves the use of premises for licensable activities may apply for a premises licence. A 'person' in this context may include a business, partnership, committee or charity.
The activities as defined by the Act include:
- sale and/or supply of alcohol
- the provision of regulated entertainment
- the provision of late night refreshment (the sale of hot food and drink 11pm-5am)
Where an application for a premises licence includes the sale of alcohol a personal licence holder must be named as the designated premises supervisory (DPS).
Business and Planning Act 2020 Off Sales provision
The Business and Planning Bill 2020 allows a relaxation of the off sales provision. The BPA 2020 makes the following changes:
- Off sales will be allowed when the premises is open for on sales until 23:00
- Any condition on the licence that would prevent off sales is temporarily suspended.
- Off sales can be allowed in an open container
- Deliveries can be made to a residential or business address
- Off sales can be made into spaced not covered by a premises licence
- Club certificates are not included
- Local authority should be notified if premises are going to use this provision and a notice should be on display at the premises (section 172E template available below)
- Police have a summary off sales review process if required.
This provision will be in place until 30 September 2020.
- How do I apply for a new premises licence?
To apply for a new premises licence under the LA2003 Act, the applicant must submit an application to the local authority in which the premises is located. The application must provide details of the proposed licensable activities, such as sale of alcohol or live music, and timings. The applicant must consider the impact of the proposed licensable activities and outline the steps they intend to take to promote the four licensing objectives in their operating schedule. The four licensing objectives are:
- The prevention of crime and disorder
- The prevention of public nuisance
- Public Safety
- The protection of Children from Harm
You can apply and pay for a new premises licence application online through the GOV.UK website. You must complete the full application process online, including providing a premises plan and if applicable a consent form from the proposed Designated Premises Supervisor, and upload your completed application form with supporting documentation to the online system. The fee payable is related to the non-domestic rateable value of the premises.
Once the application has been submitted to the local authority, the application will be subject to a 28 day consultation period with the responsible authorities.
- The prevention of crime and disorder
- Do I need to advertise my application?
Yes. During the consultation period the applicant must display a notice(s) at the premises applied for providing a brief summary of the application in accordance with the regulations for a period of 28 consecutive days, starting on the day after the day the application is submitted to the licensing authority. The applicant must also publish a notice in a local newspaper on at least one occasion during the period of 10 working days, starting on the day after the day the application is submitted to the licensing authority.
- Who can make a representation?
Anyone can make a representation in respect of an application for a premises licence. Any representation must clearly state how an application may impact on the promotion of one or more of the four licensing objectives. A representation can be made in favour of, or against an application.
The public can see details of the applications on the council website, viewing the public notices at the premises, or by viewing the one off notice in a local newspaper such as the Basingstoke Gazette or Observer. Representations must be received in writing (which can include email) by the end of the 28 day public consultation period. Any representations received after the 28 days will not be considered. The applicant may offer to make amendments to their application to the satisfaction of persons making a representation in which case the representation can be withdrawn.
- Responsible authorities
For the following applications made under the Licensing Act 2003 there are statutory consultees:
- Application for a premises licence
- Application for a provisional statement
- Application for a variation to a premises licence
- Application for a review of a Premises licence
All of the Responsible Authorities may make a representation in relation to the licensing objectives about any of the above application types within the consultation period.
- Hampshire Constabulary
- Hampshire Fire and Rescue Service
- Health and Safety Executive
- Child Protection Services (Hampshire County Council)
- Environmental Health
- Trading Standards
- Planning Authority
- Primary Care Trust
- The Licensing Authority
- Home Office (Immigration Enforcement)
- Ward Councillors
- Parish Councillors
- Application for a premises licence
- How long will my application take to be decided?
If at the end of the 28 consultation period no objections are received from the responsible authorities or other persons, the licence will be issued in line with the application. Where relevant objections are received and not subsequently withdrawn, the application will be referred to the Licensing Sub-Committee for decision within 21 days.
- Deregulation of Regulated Entertainment
Live Music - from 6 April 2015
- Live unamplified music deregulated between 8am-11pm on any premises
- Live amplified music deregulated between 8am-11pm provided the audience does not exceed 500
- However live music can become licensable in on-licensable premises if the licensing authority removes the effect of the deregulation following a licence review (“licence review mechanism”)
Recorded Music- from 6 April 2015
- Recorded music deregulated between 8am and 11pm in on-licensed premises provided the audience does not exceed 500
- However recorded live music can become licensable if the licensing authority removes the effect of the deregulation following a licence review (“licence review mechanism”)
- Unlike live music – deregulation of recorded music does not apply to workplaces which could affect whether the activity can take place in outside areas.
Summary: What will still be licensable?
- Any entertainment activity after 11pm at night
- Most forms of entertainment activity in the presence of an audience of more than 500 people (with a few exceptions).
- Any sale of alcohol
- Live unamplified music deregulated between 8am-11pm on any premises
- What is a personal licence?
Please visit our Personal licence webpage.
- Immigration Act 2016
Provisions to prevent illegal working in the alcohol and late night refreshments sectors
From the 6 April 2017, immigration safeguards are being introduced for alcohol and late night refreshment in England and Wales. The Licensing Act 2003 has been amended by Section 36 and Schedule 4 of the Immigration Act 2016 to incorporate these changes.
The new provisions mean that licensing authorities are prohibited from issuing premises and personal licences for the sale of alcohol or provision of late night refreshment to anyone who is illegally present in the UK or not permitted to carry out work in a licensable activity.
For all such applications made on or after 6 April, applicants should submit one of a number of specified copy documents which show that they are in the UK lawfully (if they are resident here) and permitted to carry out work in a licensable activity.
Premises or personal licences granted as a consequence of applications made on or after 6 April 2016 will lapse if a licence holder’s permission to be in the UK and work is time-limited, and comes to an end.
From 6 April 2016, Immigration Enforcement, acting on behalf of the Secretary of State, is added to the list of responsible authorities. It will be consulted for any new premises licence applications or variations for the sale of alcohol and late night refreshment. In some limited circumstances, also personal licence applications.
Please see the document below entitled List of acceptable documents to show entitlement to work . You must submit an acceptable document with a:
- new premises licence application
- full variation application to a premises licence
- Transfer of a premises licence
- How do I make a change to my premises licence?
A minor variation is usually accepted when it is assessed that the change to the licence will have little or no impact on the licensing objectives. Once the applicant has submitted the application, the Licensing Authority will consult for 10 working days with the Responsible Authorities and any interested parties. During this time the applicant must display a white public notice (see document section below) at their premises to advertise the minor variation. Both the application and fee can be submitted online, with a copy of the premises licence and any supporting documentation, such as new plans.
It is expected that the minor variations process will be used for changes such as:
- small changes to the structure or layout of a premises
- the addition of authorisation for late night refreshment or regulated entertainment (such as live music, performance of plays or film exhibitions)
- small changes to licensing hours (but see below on changes that relate to alcohol)
- revisions, removals and additions of conditions (this could include the removal or amendment of out of date, irrelevant or unenforceable conditions, or the addition of volunteered conditions).
The minor variations process cannot be used to:
- add the retail or supply of alcohol to a certificate
- extend licensing hours for the sale or supply of alcohol at any time between 11pm and 7am
- increase the amount of time on any day during which alcohol may be sold by retail or supplied
- extend the period for which the licence or certificate has effect
- transfer the certificate from one premises to another, or vary substantially the premises to which it relates
- add the sale by retail or supply of alcohol as an activity authorised by a certificate.
Please note that even if you are only applying to update your plan, you will have to select a change on the operating schedule on the online form. Please note on the application form that the only change you are applying for is to update the plan.
A full variation is for when there is a substantial change to the licence. In all cases the overall test is whether the proposed variation could impact adversely on any of the four licensing objectives. Variations to increase the amount of time during which alcohol may be sold or supplied from a premises are excluded from the minor variations process and must be treated as full variations in all cases.
The full variation process is similar to an application for a new premises licence, there is a 28 day consultation period and there has to be an advert in the local newspaper and a public notice on blue paper. The fee for the application is based on the non-domestic rateable value of the premises and can be submitted online with the application form.
- How do I apply to change my premises licence name or address details?
The holder of the licence is required by the 2003 Act to notify the licensing authority of any changes to a holder’s name or address. On receipt of a valid notification and relevant fee the licensing authority will respond within 10 working days and produce a new copy of the part A and part B of the premises licence.
- How do I apply for a DPS variation?
To apply to vary the DPS the premises licence holder must submit an application to the local authority in which the premises is located. Only the premises licence holder or an agent acting on their behalf may vary the DPS. If you are taking over responsibility for a new premises you can apply to transfer the premises licence into your name and then vary the DPS in respect of the premises.
The proposed DPS must hold a valid personal licence, details of which will need to be submitted within the application form and DPS consent form (see document section). The DPS should normally be the person who has been given responsibility for running the premises, due to this level of responsibility the DPS variation is submitted to the police for consultation.
The premises licence holder must notify the existing DPS (if there is one) of the application to vary on the same day as the application is given to the licensing authority. If the DPS is no longer taking responsibility for the sale of alcohol and wished their name to be removed from the licence, they must inform the local authority and licence holder of their resignation. If the DPS resigns, the sale of alcohol will no longer be authorised and should a premises licence holder continue to provide the sale of alcohol from the premises under such circumstances they may be committing an offence .
Only one DPS may be specified in a single premises, but a DPS may supervise two or more premises as long as the DPS is able to ensure that the licensing objectives are properly promoted and the premise license conditions are adhered to.
Who can make a representation?
In exceptional circumstances where the chief officer of police believes that the appointment would undermine the crime prevention objective the police may object to an application to vary the DPS.
Such objections must be received within the 14 day consultation period. Objections are expected to be rare and arise because the police have evidence that the business or individuals seeking to hold the licence or business or individuals linked to such persons are involved in crime (or disorder).
When will the variation take effect?
Applicants are provided with a mechanism which allows the variation to the DPS to come into immediate interim effect as soon as the licensing authority receives it, until it is formally determined or withdrawn. This is to ensure that there should be no interruption to normal business at the premises. Applicants can also request that the DPS variation takes effect on an alternative date by specifying such a date within their application form.
If at the end of the 14 day consultation period no objections are received from the police, the licence will be issued in line with the application. The licensing authority will then amend the licence accordingly and return it to the licence holder.
Where a relevant objection is received, the application will be referred to the Licensing Sub-Committee for decision within 21 days.
- How do I transfer a premises licence?
To apply to transfer a premises licence the applicant must submit an application to the local authority in which the premises is located. Where an applicant applies to transfer a premises licence only the licence holder details are subject to change. The activities, timings, premises plan and conditions subject to which the licence is issued remain unchanged. Applicants must ensure that they are fully aware of the details of the premises licence before submitting the transfer application. As soon as the transfer takes affect they will take on responsibility for the provision of licensable activities at the premises and must be in a position to demonstrate compliance with the conditions of the premises licence.
The consent to transfer, which must be uploaded with the application, can be found in the documents section below.
Please be aware that if you need to specify a new DPS for the premises, you must transfer the licence into your name first.
Is there a designated premises supervisor (DPS) in place at the premise?
Where an applicant applies to transfer a premises licence which includes the sale of alcohol they will need to establish who will be the DPS when they take on responsibility for the premises licence. The act requires the applicant to notify the DPS that a transfer application has been submitted in all circumstances where the premises licence holder and the DPS are not the same person.
Where the premises licence holder wishes to name a new personal licence holder as DPS they must also submit an application to vary the DPS. The DPS variation application can be completed by the proposed licence holder and submitted at the same time as the application to transfer the premises licence. Both applications can be submitted simultaneously and to take immediate effect.
What if I can't obtain the consent of the premises licence holder to transfer the licence?
There are isolated circumstances where the proposed premises licence holder may be unable to obtain the consent of the existing premises licence holder to transfer.
In such circumstances the applicant must list the reasons why they have been unable to obtain consent within the application form.
The applicant must be able to show to the licensing authority’s satisfaction that they have taken all reasonable steps to obtain that consent and that they would be in a position to use the premises for the licensable activities authorised by the licence. Where the local authority is satisfied they may exempt the applicant from the requirement to provide consent.
- What happens at the licensing sub-committee hearing?
Any person making a representation will be invited to attend the hearing and speak about their representation to the sub-committee. The sub-committee will consider all representations whether the person making the representation attends or not, and will determine the application at the hearing or within 5 working days, and provide a written decision notice. The committee may only consider relevant matters and must consider each application on its individual merits and not compare to other licensed premises in the borough. If someone wishes to appeal against a council’s licensing decision, they will have the right to do so to the Magistrates’ court.
- What do I do when I receive my premises licence?
Part A of the premises licence document must be kept at the premises so it is available on the request of an authorised officer. Alternatively you may display a notice nominating a person who works at the premises who has custody of the Part A licence. All pages of the Part B licence summary must be prominently displayed at the premises.
- Premises licence health check
Once a licence has been issued to the licence holder, either as a new licence or following a variation, it is important that you perform a licence health check to ensure compliance with the conditions and to ensure you and all staff are aware of the permissions and requirements. To ensure compliance levels, you should evaluate the following matters:
- Is the listed designated premises supervisor (DPS) current?
- Has the DPS authorised staff in writing to sell alcohol on their behalf?
- Do you have a written age verification policy?
- Are your staff familiar with, and trained in licensing requirements?
- Can you show records of relevant staff training?
- Are your staff training records up to date?
- Is your Part A licence (or certified copy) available for inspection at the premises?
- Is your Part B licence summary (all pages) prominently displayed at the premises?
- Can you provide records to demonstrate compliance with all of the conditions shown on your Part A licence?
You will need to provide records to demonstrate compliance will all of the conditions shown on your Part A licence and to promote the objectives. Failure to ensure licensable activities take place in accordance with your premises licence is a serious offence under the licensing Act and may be subject to formal enforcement action if established. There is a guidance pack which includes tips and templates which, when edited in accordance with your own policies, should assist you to comply with the Licensing obligations. You must also ensure you cover other obligations upon you such as duties required by Health and Safety and Right To Work, guidance on these can be found under “Further Useful Links” below.
- Do I have to renew the premises licence?
No, premises licences issued remain in force indefinitely with the following exceptions:
- non-payment of the premises licence annual fee
- Bankruptcy of the licensee
- Death or incapacity of the licensee
- Revocation of the licence
Licensees are sent an invoice each year for the annual fee in advance of the anniversary of the grant of the licence. Failure to pay the annual fee will result in the suspension of the premises licence.
On 25 April 2012, Section 55 of the Licensing Act 2003 was amended by the Police Reform and Social Responsibility Act 2011 to include Section 55A. This states that the licensing authority MUST suspend a premises licence or club premises certificate if the licence holder has failed to pay the annual fee that has become due under Section 55(2). Your invoice for the annual fee clearly stated that if the fee is not paid the licence would be suspended.
The Licensing Act 2003 does not make provision for you to appeal against this suspension notice. The suspension of the licence will not be lifted until the payment of the Annual Fee has been received by the council.
Under section 136 of the Licensing Act 2003 a person commits an offence if he/she carries on a licensable activity on or from the premises otherwise than under and in accordance with an authorisation; or if he/she knowingly allows a licensable activity to be so carried on. This offence includes operating a premises in a way that contravenes any of the license conditions. A person convicted of such an offence is liable to imprisonment for a term not exceeding six months or to an unlimited fine, or to both. Therefore you are not permitted to carry out any licensable activities such as the sale of alcohol or provision of late night refreshment etc whilst the licence is suspended.
- non-payment of the premises licence annual fee
- Will the premises be inspected?
In Basingstoke and Deane we aim to visit all licensed premises licensed according to an allocated risk rating. The premises risk rating is based on factors such as the nature of the premises, the range of licensable activities authorised, the location of the business and confidence in the management of the business.
Officers, where possible, will provide written or telephone notice of a proposed compliance check visit with confirmation of proposed matters to be discussed and verified at the visit to ensure that the relevant person and documents are available. Where a visit is required as a result of a complaint or allegation, prior notice may not be given.
- What if I am unable to obtain the original premises licence?
If an applicant is unable to obtain the original premises licence (Part A licence document and Part B licence summary) for any reason they must list the reasons why they have failed to provide the premises licence with the application form at Section A. Where an applicant fails to provide the premises licence they must contact the licensing team to request a new copy pay a replacement licence fee.
- Premises licence review
Sometimes, activities at licensed premises and clubs can lead to problems. When this happens, the council will try and resolve the issues informally. Any of the responsible authorities, or other parties defined under the Act, can apply for a licence to be reviewed. A review can consider matters arising at the premises in connection with licensable activities and the four licensing objectives:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm.
If the licensing authority considers action is appropriate under its statutory powers, it may take any of the following steps:
- Modify the conditions of the premises licence. For example reduce the hours of opening, or by requiring door supervisors at particular times.
- Exclude a licensable activity from the scope of the licence. For example, exclude the performance of live music or recorded music.
- Remove the designated premises supervisor, for example, because they consider that the problems are the result of poor management.
- Suspend the licence for a period not exceeding three months.
- Revoke the licence.
On receipt of an application for a review of a licence, interested parties and responsible authorities have 28 days to make relevant representations in writing. Anyone making a representation in support of the review application must state why they agree the relevant licensing objectives are not being promoted by the licence holder. Anyone making a representation against the application for a review must state why they believe the licence holder is promoting the licensing objectives.
The Licensing Authority must advertise the review application:
- at the licensed premises subject to the review
- at the council's offices
- on the council's website
- the prevention of crime and disorder
- What is a provisional statement?
This can be applied for where is premises is about to be built, are being built, or a major alteration or extension is planned. This procedure enables the applicant to have an assessment made as to the feasibility of the proposed development prior to obtaining a premises licence which helps to prevent any unnecessary expenditure. There is no obligation to apply for a provisional statement, further guidance is available under the Home Office 182 guidance.
How do I apply for a provisional statement?
The application process is similar to that for a premises licence with an application form being submitted with the fee. Representations can be made once an application has been received and a hearing held. Once granted a provisional statement is issued indicating that the intended licensable activities are acceptable.
On completion of the building, an application for a premises licence can be made. There are restrictions on the making of representations in respect of the premises licence application. These are set out in section 32 of the Licensing Act 2003. This is to prevent representations being made in respect of matters that could have been raised at the provisional application stage.
- Further useful links
- What if I require further advice?
The licensing team are able to offer guidance and advice on completing application forms, but are not able to complete your application for you. We can offer example wording for your operating schedule which has been recommended by the Police and Trading Standards, and also guidance on how to complete the form itself. It is recommended your contact the Police Licensing Officer and Trading Standards in the first instance to seek their advice on your proposed activities.
If you require detailed advice on your application it is recommended that you seek independent advice from a licensing solicitor or licensing consultant.
Should you require a meeting with a licensing officer once you have completed your application form, please contact the licensing team by phone or email to make an appointment. Officers have busy diaries to please ensure you have allowed sufficient time for submitting your application within your desired timescale.