October 2012
APPLICATION FOR A PREMISES LICENCE
When to use the form
This guidance relates to application forms for premises licences under the
Licensing Act 2003 (the Act). A similar form is available for clubs applying for a
club premises certificate.
Broadly speaking, a premises licence can authorise the following activities:
the sale or supply of alcohol
the provision of public entertainment
the provision of late night hot food and drink.
Further information about what activities are licensable is given later in this
guidance.
Applications for premises licences must be made to the licensing authority within
whose area your premises is situated. This will normally be your local authority.
Application forms can be obtained from GOV.UK or Home Office websites or, on
request, from your licensing authority. They may also be available on your
licensing authority's website.
NEED MORE HELP?
This Guidance is intended to help applicants complete the application form.
Further information about the Licensing Act 2003 and other sources of help can
be found on the Home Office website www.homeoffice.gsi.gov.uk. Your local
licensing authority should be able to help you with any queries or give advice on
how to complete the application. You may also wish to consider other sources of
advice such as a relevant trade body, or by engaging professional assistance,
such as legal advice.
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COMPLETING THE FORM
In the opening statement, you should insert the name of the applicant or
applicants who are applying for a licence e.g. J ohn Smith or Nice Pub
Company.
PART 1: Premises Details
This section asks for the address and some other details of the premises. If the
premises has no postal address, for example, if the application relates to an
event on open land, you should describe the location of the premises or give the
Ordnance Survey map reference.
The section also asks for the non-domestic rateable value (NDRV) of the
premises. This is not the same as the actual business rates which you pay, but
is a value determined by the Valuation Office, which helps determine business
rates. The NDRV, rather than your business rates bill, will determine the fee
level to be paid with the licence application and the annual fee thereafter. The
NDRV of any premises can be checked on the Valuation Office Agency (VOA)
website www.2010.voa.gov.uk. NDRV is revalued every 5 years. A new
valuation came into force on 1 April 2010. Premises that do not have a non
domestic rateable value are treated as falling into Band A for licensing fee
purposes.
See guidance on FEES for more information:
http://www.homeoffice.gov.uk/publications/alcohol-drugs/alcohol/alcohol-licensing/fee-
levels.
PART 2 Applicant Details
This section asks you to state the capacity in which you are applying, for
example as an individual, a limited company, a recognised club, a charity etc.
You can only apply in one of these capacities so should only tick one box.
If you are applying as a person described in (a) or (b) you must also tick one of
the three boxes at the end of this question. For the majority of applicants, the
first box will apply (i.e. the applicant will be carrying on or proposing to carry on a
business). An application pursuant to a statutory function might be an
application made by an agency of the Government (e.g. the Passport Agency)
and an application pursuant to a function discharged by virtue of her majestys
prerogative might be an application made by the Government (e.g. by a
Secretary of State).
You should then give further details in either section (A) INDIVIDUAL
APPLICANTS or section (B) OTHER APPLICANTS, but not both.
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Part 3 Operating Schedule
You should state the date you would like the licence to start. As the licence
cannot come into operation until the second appointed day, that is the earliest
date you can request. A premises licence will last indefinitely, unless otherwise
stated in the box provided.
General description of the premises
You are asked to describe the premises. For example the type of premises it is,
its general situation and layout and any other information that would be relevant
to the licensing objectives. You should also describe any areas that you intend
to provide for people to consume alcohol that you sell or supply such as outside
areas e.g. beer gardens.
5,000 or more people attending
The question concerning the number of people attending the premises at any
one time is necessary to determine whether an additional fee for large events
should apply. It is not necessary to complete this box if you think that less than
5,000 people will attend the premises at any one time. The figure relates to the
maximum number of people on the licensed premises, including employees, at
any one time not the total number over a period of time. It is important to note
that the attendance figure relates to the licensed premises (i.e. the licensed area
identified in the plan) and not areas that are outside the licensed premises. If
you decide that the number will not exceed 5,000, you will be responsible for
ensuring that the numbers at any one time do not exceed this figure. If you do
exceed it, you could be engaging in an unlicensed activity, which is a criminal
offence.
Do I have to issue everyone a ticket to prove the numbers on the premises?
It is for you to decide when putting your application together whether you need
arrangements for counting the numbers coming in or out. However, it is an
offence to make a false declaration in the application, which could lead to a
5,000, fine.
I run a country show which has a beer tent. Do I have to put the total
number of people at the show in this section?
It depends whether you are licensing the whole premises. As most of the events
at such a show are not licensable activities, it should be possible to simply
license the beer tent. In this case the capacity of the beer tent is what counts
and this may be unlikely to trigger the additional fee for large events.
Should I include my beer garden on my premises licence?
That is for you to decide. In doing so, you will want to consider whether you
might want to use the garden at some point in the future to sell alcohol perhaps
an outdoor bar at a barbeque or possibly through waited drinks service. Also, if
you do not include the garden as part of the licensed premises, drinks that are
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bought to be consumed there will count as off supplies and any conditions that
relate to off sales would apply. If the beer garden is being provided for
consumption of off-supplies, you must include a description of where the place is
and its proximity to the premises.
Licensable activities
You should indicate which licensable activities you wish to carry on by ticking the
appropriate boxes. In considering what to put in this section, you should think
about all the activities you may want to conduct at the premises in the future and
consider whether any are licensable activities under the Act. After this, you
should complete the corresponding boxes from A to M that relate to those
activities. Only complete the boxes that relate to the activities you have ticked.
You should give timings using the 24-hour clock and only give details for days of
the week when you intend the premises to be used for the licensable activities in
question. The space marked state any seasonal variations, gives you the
opportunity to include any, for example, longer hours or additional days during
the summer. The space marked non standard timings, gives you the
opportunity to record occasions when the timings will change. For example, you
may wish the activity to go on longer on Christmas Eve or weekends preceding
bank holidays.
Under non standard timings can I say that I will open late to cover Rugby
World Cups, Australian Rules Football, or sporting events overseas that
are broadcast late at night or early morning in the UK?
You can include whatever licensable activities you like, but should think about
how these might be viewed by responsible authorities or interested parties. It
might be worth talking to your licensing authority and the relevant responsible
authorities first to see what conditions, if any, you might offer to reassure any
concerns.
Except in box C (indoor sport) you are asked to indicate whether the activity is
taking place indoors, outdoors or both. Indoors may include a tent.
In the space marked Please give further details here, please state type of
activity to be authorised, if not already stated, and give relevant further details,
for example (but not exclusively) whether or not music will be amplified or
unamplified.
BOXES A H (Provision of regulated entertainment)
You should refer to section 1 of and Schedule 1 to the Act or contact your local
licensing authority for full details of the definitions of regulated entertainment.
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BOX A: Plays
A performance of any dramatic piece, (including rehearsal), whether involving
improvisation or not, which is given wholly or in part by one or more persons
present and performing in which the whole or a major proportion of what is done
by the person(s) performing, whether by way of speech, singing or action,
involves the playing of a role.
BOX B: Films
Any exhibition of moving pictures except where its sole or main purpose is to
demonstrate a product, advertise goods or services or provide information,
education or instruction, or if it consists or forms part of an exhibit put on show for
any purposes of a museum or art gallery. The use of television or radio receivers
is not licensable, except for the showing of pre-recorded programmes.
BOX C: Indoor sporting event
A sporting event is defined in the Act as any contest, exhibition or display of any
sport in which physical skill is the predominant factor, and any form of physical
recreation which is also engaged in for purposes of competition or display which
takes place wholly inside a building, and at which the spectators are
accommodated inside that building. This includes any roofed structure and could
be a vehicle, vessel or moveable structure.
A venue with a roof that opens and closes is regarded under the Act as being an
outdoor event and sporting activities in such venues are not licensable under the
Act. But note that other activities at such venues (such as the sale of alcohol or
live music) are licensable.
BOX D: Boxing or wrestling entertainment
Unlike other sports, boxing and wrestling is licensable whether held indoors or
outdoors.
BOX E: Live music
Music includes vocal or instrumental music or any combination of the two. The
old 2 in a bar rule will no longer apply under the new licensing regime. Live
music will therefore require a licence regardless of the number of participants.
The performance of live music, if it is incidental to some other activity, which is
not in itself regulated entertainment, is not licensable.
BOX F: Recorded music
Your licence does not have to cover the playing of recorded music if it is
incidental to some other activity which is not itself regulated entertainment, as
this would be exempt. For example, background music in a supermarket is likely
to be considered to be incidental. If you have a jukebox or a disc jockey at your
premises you need to consider whether, in your particular case, this is incidental
music or whether it is a licensable activity. If in doubt, discuss this with your
licensing authority.
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BOX G: Performances of dance
Morris dancing or any dancing of a similar nature is not licensable, nor is the
performance of unamplified live music as an integral part of such dancing.
BOX H: Entertainment of a similar description to that falling within (e) live
music, (f) recorded music or (g) performance of dance
BOX I (the provision of late night refreshment)
You should refer to section 1 and Schedule 2 to the Act or contact your local
licensing authority for full details of the definitions of late night refreshment.
This covers the supply of hot food or drink between 11:00pm and 5:00am,
although there are several exemptions. Hot drinks consisting of, or containing
alcohol, should be authorised under the supply of alcohol, rather than late night
refreshment.
A hot drink from a vending machine where the customer inserts the payment into
the machine and the drink is supplied directly by the machine is not licensable,
but would be if a member of staff takes the money or serves the drink.
Free hot food or hot drink is not licensable, nor is that supplied by a registered
charity or by a person authorised by a registered charity.
Hot food or hot drink supplied on a vehicle, which is not permanently or
temporarily parked at the time is also exempt.
There are also exemptions that apply to hotel guests, certain employees or
particular trades or professions. Supplies of hot food or hot drink on or from
premises already licensed under certain other Acts for example, those used as
"near beer" premises in London. If in doubt, you should contact your licensing
authority.
BOX J: (sale by retail of alcohol)
If you wish people to be able to consume alcohol on the premises, please tick
on. If you wish people to be able to purchase alcohol to consume away from
the premises, please tick off. If you wish people to be able to do both, please
tick both.
Designated Premises Supervisor
If you intend to sell alcohol, you should give details of the person who you wish to
be the designated premises supervisor (DPS) under the new licence. The DPS
will need to hold a valid personal licence. In many cases, this will be the
premises licence holder, but you can choose to name someone else. There is
only one DPS for each premises (but any number of personal licence holders)
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and it is usually, but not necessarily, the person who has day to day responsibility
for the premises. You will also need to submit a DPS consent form signed by
the person you wish to be your DPS (you need to do this even if this is the same
person who is applying for the premises licence) to confirm that he/she is happy
to take on this role. The form is prescribed, and is available on request from your
licensing authority or you can print or download it from the Business Link or
Home Office websites. The form should be included with your application (see
checklist).
For more information about Personal Licences:
http://www.homeoffice.gov.uk/publications/alcohol-drugs/alcohol/alcohol-
licensing/personal-licence-application/.
BOX K
This asks you to give information about anything to occur at the premises or
ancillary to the use of the premises which may give rise to concern in respect of
children, for example (but not exclusively) nudity or semi-nudity, films for
restricted age groups or gambling. You do not need to give details here of AWP
machines. You do not complete this section if it does not apply to your premises,
but rather than leave blank, it would be better to write none or N/A to be clear
that you have considered this, rather than simply forgotten to complete the box.
BOX L: Hours premises are open to the public.
While this may include times where no licensable activities take place, it is
important for responsible authorities, interested parties and the licensing
authority to know how long your premises is open in addition to the times where
licensable activities will take place. For example, it might be necessary and
proportionate to ensure that licensable activities finish in good time before the
premises closes to the public to allow orderly departure.
You should indicate whether any of the seasonal variations to and non standard
timings for licensable activities, would affect the hours the premises are open to
the public, in the spaces provided. You may also wish to consider whether there
will be any seasonal variations or non-standard timings when the premises will
be open to the public at different times for non-licensable activities - for example,
opening early to provide breakfasts during the Summer holidays.
M Steps to promote the licensing objectives
You are asked to describe the steps you intend to take to promote the four
licensing objectives:
the prevention of crime and disorder
public safety
the prevention of public nuisance
the protection of children from harm
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Dont forget that you should already be abiding by relevant legislation in other
areas. Your starting point should be compliance with these requirements. If you
feel there is nothing more you need to do, then you might wish to write N/A or
something like nothing beyond existing Health and Safety/Fire Safety etc
requirements. This shows you have considered the objectives and come to a
decision that you have nothing additional to do and not that you have forgotten to
write anything in this section. Of course, if a responsible authority for one of the
licensing objectives considers that you need to do more, they will be able to
make representations. If you have concerns, you may find it useful to talk to the
relevant responsible authority before completing the form. Further information
on responsible authorities is available from the Home Office website
www.homeoffice.gov.uk or from your local authority licensing officer or website.
If you do intend to take additional measures, you should consider carefully what
to include. Anything you put down here is likely to become a condition of your
licence. Failure to meet those conditions would constitute an offence under the
Act. You should therefore think carefully about adding conditions to ensure that
they are achievable, realistic, appropriate, proportionate and within your control.
Base your response on a proper, common sense consideration of the risks and
what you can realistically do to mitigate them.
In the General Box, list the steps you will take to promote all four licensing
objectives together, for example, employing additional staff.
Checklist and declaration
By ticking this list, you are making a declaration that you have carried out the
listed actions. If you tick the boxes and do not carry out these actions, you may
be making a false statement in relation to the application, which is an offence,
which on conviction may make you liable to a fine of up to 5,000.
You should check that you have included all the required documentation. This
includes a plan of the premises and where necessary, the DPS consent form.
Plans
The plan of the premises should be included with the application, and copied to
the responsible authorities as part of the application. The plan of the premises
needs to meet the requirements set out in the Act and the Licensing Act 2003
(Premises licences and club premises certificates) Regulations 2005, SI 2005/42
to show the following:
(a) 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;
(b) the location of points of access to and egress from the premises;
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(c) if different from paragraph (b), the location of escape routes from the
premises;
(d) in a case where the premises is used for more than one existing licensable
activity, the area within the premises used for each activity;
(e) 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;
(f) 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;
(g) in a case where the premises includes any steps, stairs, elevators or lifts,
the
location of the steps, stairs, elevators or lifts;
(h) in a case where the premises includes any room or rooms containing public
conveniences, the location of the room or rooms;
(i) the location and type of any fire safety and any other safety equipment,
including if applicable, marine safety equipment; and
(j) the location of a kitchen, if any, on the premises.
Unless you have previously agreed with the relevant licensing authority in writing
that an alternative scale plan is acceptable to it, the plan should be drawn in
standard scale, where 1 millimetre represents 100 millimetres. The plan may
include a key of symbols to illustrate the above on the plan, but there is no
requirement to do so.
Do I have to have plans professionally drawn?
There is no requirement to have plans professionally drawn. What is important is
that they are accurate and meet the requirements referred to above.
Do I need to show a consumption area, such as a beer garden, on the plan?
There is no requirement to show on the plan any areas that are not part of the
premises you are licensing. You should, however, describe any areas that you
intend to provide for people to consume alcohol that you sell or supply under the
general description of the premises that you are required to give at the beginning
of Part 3 of the application form.
Responsible authorities
You are required to give a copy of the application, including the accompanying
documentation, to the responsible authorities on the same day as the
application is given to the relevant licensing authority. Responsible authorities
are the public bodies that are entitled to make representations to the licensing
authority in relation to an application. Any representations must be about the
likely effect of granting the application on the promotion of the licensing
objectives. The responsible authorities include the following, for the area in
which the premises are situated:
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The chief officer of police
The fire and rescue authority
The Primary Care Trust (or Local Health Board in Wales)
The health and safety authority
The local planning authority
The environmental health authority
The body recognised as being responsible for protection of children from
harm
Inspectors of Weights and Measures (trading standards officers)
With regard to a vessel, this list also includes the relevant navigation authority,
the Environment Agency, British Waterways Board or the Secretary of State
For details of the responsible authorities in your area, contact your local licensing
team. Details may also be available on your local authoritys website.
Advertising your application
Applications must be advertised as set out in the Act and the Licensing Act 2003
(Premises licences and club premises certificates) Regulations 2005. This
includes displaying a sign at or outside the premises and an advertisement in a
locally circulating newspaper. For more advice, speak to your licensing officer at
your local licensing authority.
DO NOT FORGET TO ENCLOSE THE CORRECT FEE
Details on fees can be found in the relevant guidance note:
http://www.homeoffice.gov.uk/publications/alcohol-drugs/alcohol/alcohol-licensing/fee-
levels.
Part 4 Signatures
The application form must be signed. An applicants agent (for example a
solicitor) may sign the form on their behalf provided that they have actual
authority to do so. Where there is more than one applicant, both applicants, or
their respective agents, must sign the application form.
