What is a premises licence and why do I need one?
A premises licence will authorise the holder to provide the
following licensable activities on a premises (which may be either
a building, or open land):
- Sale by retail of alcohol;
- Supply of alcohol to a club member;
- The provision of regulated entertainment; and
- The provision of late night refreshment.
(note: for further information on licensable activities, see
the enclosure on Licensable Activities)
A premises licence can be for an indefinite period, or for a period
specified by you as the applicant.
You must display the licence, and the summary of it, on the
premises in a place that is visible to members of the public. The
licence will include the following details:
- The name and address of the holder;
- A plan of the premises;
- If for a limited period, the period will be
specified;
- The licensable activities authorised by the licence;
- If the licence authorises the sale or supply of alcohol, the
name and address of the Designated Premises Supervisor;
and
- The conditions of the licence.
(Note: if you are not sure whether you require a premises licence,
or a club premises certificate,
see the club premises Certificate page .
How to apply for a new premises licence
Eligibility Criteria
Any of the following may apply for a premises licence:
- anyone who uses carries on 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 of a force in England and Wales
- anyone discharging a statutory or function under Her Majesty's
prerogative
- a person from an educational institute
- any other permitted person
Applicants must not be under 18 years of age
You will need to:
- Fully complete the premises licence application form (Note: you
will need to serve your application on all the Responsible
Authorities on the
Contact Details page )
- Supply the correct fee (Note: you will need to check
www.voa.gov.uk to calculate your fee)
- Supply the form of consent completed by the proposed
Designated
Premises Supervisor (Note: only do this if you are including
the sale or supply of alcohol as a licensable activity)
An operating schedule will include details of:
- the licensable activities
- the times when the activities will take place
- any other times when the premises will be open to the
public
- in the case of applicants who wish to have a limited licence,
the period the licence is required for
- information in respect of the premises supervisor
- whether any alcohol that is to be sold is for consumption on or
of the premises or both
- the steps proposed to be taken to promote the licensing
objectives
- any other required
information
- Advertise the proposed variation by means of a
Public Notice on the Premises and a
Notice Published in a local newspaper (Note: you will need to
post and publish your notices within 10 working days of submitting
your complete application to the Licensing Authority. Please CHECK
that your application is COMPLETE AND VALID before placing your
advertisement, as otherwise you may need to re-advertise at a later
date)
Applicants may be required to advertise their application and to
give notice of the application to any other person or responsible
body, eg the local authority, chief police officer or fire and
rescue authority.
The licensing authority must grant the application, which can be
subject to conditions. A hearing must be held if any
representations are made in respect of the application. If a
hearing is held the licence can be granted or granted subject to
additional conditions, licensable activities listed in the
application can be excluded or the application can be rejected.
The licensing authority will serve a notice of its decision on
the applicant, any person who has made relevant representations (ie
representations that were not deemed frivolous or vexatious) and
the chief of police.
Applications can also be made to vary or transfer a licence. A
hearing may have to be heard if representations are made or
conditions relating to a transfer are not met.
Other applications that can be made are applications for an
interim authority notice following the death, incapacity or
insolvency of a licence holder or review applications.
It is an offence to knowingly or recklessly make a false
statement in connection with an application for a premises licence.
To do so may result in prosecution and a fine of up to
£5000.
Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your
application is granted if you have not heard from the local
authority by the end of the target completion period as specified
under the legislation.
Failed Application Redress
Please contact your Local Authority in the first instance.
If an application for a licence is refused the failed applicant
can appeal.
Appeals are made to a Magistrates' court within 21 days of
notice of the decision.
Licence Holder Redress
Please contact your Local Authority in the first instance.
If an application is made by the chief police officer, as
detailed below, and interim steps are taken by the licensing
authority you may make representations. A hearing must be held
within 48 hours of your representations.
A licence holder may appeal against any conditions attached to a
licence, a decision to reject a variation application, a decision
to reject a transfer application or a decision to exclude an
activity or person as premises supervisor.
Appeals are made to a Magistrates' court within 21 days of
notice of the decision.
Consumer Complaint
An interested party or responsible authority may apply to the
licensing authority to review the premises licence. A hearing will
be held by the licensing authority.
Appeals are made to a Magistrates' court within 21 days of
notice of the decision.
Other Redress
The chief police officer for the police area where the premises
are located can apply to the licensing authority for a review of
the licence if the premises are licensed to sell alcohol by retail
and a senior officer has given a certificate that they are of the
opinion that the premises are associated with either serious crime
or disorder or both. A hearing will be held and the licence holder
and other interested parties may make representations.
A chief police officer can give a notice to the licensing
authority if they believe that the transfer of a licence to
another, under a variation application could undermine crime
prevention objectives. Such a notice must be given within 14 days
of receiving notification of the application.
An interested party or responsible body may make representations
in relation to a licence application or request the licensing body
to review a licence.
An interested party or responsible authority may apply to the
licensing authority to review the premises licence. A hearing will
be held by the licensing authority.
A chief police officer may make representations to the licensing
authority for a review of the licence if the premises are licensed
to sell alcohol by retail and a senior member of the force has
given a certificate to state that in their opinion the premises are
associated with serious crime, disorder or both.
An interested party or relevant authority who made relevant
representations may appeal against the granting of a licence or
against any condition, variation, licensable activity or premises
supervisor decisions.
Appeals are made to a Magistrates' court within 21 days of
notice of the decision.
Trade Associations
Transfer of a Premises Licence
Where a holder of a premises licence intends to transfer the
licence to another person/business, consent must be given using the
form below. A copy of this form must also be sent to the
Police.
The person/business taking on the new licence must apply for the
transfer using the following form and submit the appropriate
fee. A copy of this form must also be sent to the
Police.
Change of Designated Premises Supervisor
If there is a change of Designated Premises Supervisor you must
complete the following two forms and submit them with the relevant
fee. Copies of these forms must also be sent to the Police.
Requesting a Copy of your Licence
Where a copy of a licence is required due the original being lost
or stolen the form which can be downloaded below should be used to
request this. The appropriate fee must accompany this form.
Useful links
Upon request we can e-mail a copy of your approved licence to
you.
For further information use the contact details below:
E-mail:
licensing@waveney.gov.uk
Telephone: 01502 562111
PLEASE RETURN ALL APPLICATION FORMS AND SUPPORTING DOCUMENTS
TO:
WAVENEY DISTRICT COUNCIL
PO BOX 190
LOWESTOFT
NR32 1WX
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