Guidance for the Premises Licence
When a brand new premises licence or qualifying club premises certificate is applied for, or you wish to vary in any way your existing licence, copies will also have to be sent to the Responsible Authorities.
In some cases the Health and Safety Executive must also be notified. Each of these authorities can make representations (objections) about the application and variation, which can lead to a hearing by the Licensing Committee resulting in conditions being imposed or the application being refused.
Providing entertainment and entertainment facilities
The 'two in a bar' rule no longer applies to licensed premises. Under the Act, you cannot provide live or recorded music (other than a jukebox) without being licensed to hold regulated entertainment. You also need to be licensed for regulated entertainment if you provide entertainment facilities. It doesn't matter whether the facilities are used or not. This could include, for example, a dance floor or a piano.
If you currently have duos, solo performers or a DJ, you will have to apply for regulated entertainment to allow these activities under the new Act, even though you would not previously have required a licence to have them.
We cannot accept incomplete or incorrect applications. The time limit for processing will not start until you have supplied a correctly completed application to ourselves and the appropriate responsible authorities, the fee, and all other documentation required.
'Drinking up' time
There is no 'drinking up' time under the new Act. 'Drinking up' is not a licensable activity. Therefore you may stop serving alcohol at 11.00pm and allow as much or as little drinking up time as you wish, providing no further sales take place. Application forms require you to specify your opening times as well as advisors for each licensable activities.
Duration of licence
Premises Licences will normally last for the life of the business, unless it is surrendered, revoked or is granted for a limited period. The licence will however be subject to an annual charge.
Completing the application form
Designated Premises Supervisor (only required where alcohol is supplied)
You must appoint a Designated Premises Supervisor (DPS). This person is ultimately responsible for everything that happens on the premises, including any offences that may take place. You are only permitted to nominate one DPS per premises. The DPS does not have to be present all the time. However, as they are responsible for ensuring the premises are compliant with the law, we would suggest you appoint somebody who has day-to-day responsibility for the relevant part of the business. The DPS must hold a valid personal licence.
When applying for a premises licence and/or a variation applicants will have to submit with the application form the following:
- A plan of how the premises are at the time of the application and to the standard scale where 1mm represents 100mm.
- An Operating Schedule (a comprehensive list of how the premises will be operated safely).
- The fee.
- The applicant must also send a full copy of their application to all the .
- The applicant must also advertise by way of a Notice on and/or near the premises; and also in a local newspaper.
Planning and licensing
There is no relationship between a planning application and a licensing application, one is not dependent on the other.
The information supplied may be gathered from third party sources and, therefore, all information is provided on the understanding that the Council does not warrant the accuracy of such information and on the basis that neither the Council nor any officer, servant or agent of the Council is legally responsible either in contract or in tort for any inaccuracies, errors or omissions therein contained whether arising from inadvertence or from cause whatsoever.
Information which may be relevant to the enquiry is held by the Council in many forms and at many locations. Accordingly the Council does not warrant the completeness of any information supplied and cannot accept responsibility in respect of any failure to supply any relevant information held by the Council where the existence of that information is not identified in responding to the enquiry.