Licensing 2003 guidance

A Premises Licence authorises the holder of the licence to use the premises for "licensable activities" i.e. the sale/supply of alcohol, the provision of "regulated entertainment" and the late night provision of hot food or drink.

The Premises Licence details the operating conditions under which the licensable activities may be carried on. A Premises Licence remains in force until it is revoked, suspended or surrendered, unless the applicant requests a licence for a limited time.

The Act also recognises that volunteer and social clubs give rise to different issues than commercially run premises selling alcohol directly to the public. These clubs are generally organisations where members join together for a particular social, sporting or political purpose and then combine to purchase alcohol in bulk for their members.

Such clubs carry on licensable activities from premises to which public access is restricted and alcohol is supplied other than for profit.  A Club Premises Certificate is required, rather than a Premises Licence.

All premises must hold a valid licence or certificate, or they will be unable to trade.

The following persons may apply for a Premises Licence:

• a person who carries on, or proposes to carry on, a business which involves the use of the premises for the licensable activities to which the application relates
• a person who makes the application pursuant to:
  • any statutory function discharged by that person which relates to those licensable activities, or
  • any function discharged by that person by virtue of Her Majesty's prerogative.
• a recognised club
• a charity
• the proprietor of an educational institution
• a health service body
• a person who is registered under part 2 of the Care Standards Act 2000 in respect of an independent hospital
• the chief officer of police of a police force in England and Wales
• a person of other such description as may be prescribed.

An individual may not apply for a premises licence unless they are aged 18 or older.

Please note: Where the premises are a managed public house, the Licensing Authority will expect the applicant for a Premises Licence to be the operating company, as the manager (as an employee) would not be the person actually carrying on the business. The same applies to premises such as cinema chains and fast food restaurant chains where the managers will similarly be employees of the operating company.

However, in respect of most leased public houses, a tenant may run the business in agreement with the pub operating company. In such cases it will not be a matter for the Licensing Authority to decide who should apply for the premises licence, but a matter for the tenant and the operating company to agree contractually.

An application for a premises licence must be made to the relevant licensing authority in whose area the premises are located. All premises in South Ribble must therefore apply to South Ribble Borough Council.

The application must include:

• the prescribed form (including the operating schedule)
• a plan of the premises to which the application relates
• where the licensable activities include the sale/supply of alcohol, the individual specified on the premises licence as the Designated Premises Supervisor (DPS) must complete the prescribed consent form.
• the statutory fee. View more information on premises licensing fees

Applications must be made in writing. However, they may be submitted to the Licensing  Authority by electronic means, i.e. e-mail, provided that the original application is also forwarded to the council in writing. Applications should be sent only to the e-mail address: licensing@southribble.gov.uk.

Where the application is required to be accompanied by a fee, plan or other documents, the application is not deemed to be valid until the fee, plan or other documents have been given.

Incomplete applications will be returned to the applicant and no action taken on them.

The operating schedule

The operating schedule forms part of the application form and includes details of the following matters:

• the relevant licensable activities
• the times during which it is proposed that the relevant licensable activities are to take place
• any other times during which it is proposed that the premises are to be open to the public
• where the applicant wishes the licence to have effect for a limited period, that period
• where the relevant licensable activities include the supply of alcohol, details and the consent of the person to be named as the DPS
• where the relevant licensable activities include the supply of alcohol, whether the supplies are proposed to be for consumption on or off the premises, or both
• the steps which it is proposed to take to promote the licensing objectives.

It will be expected, in order to promote the Crime Prevention and Public Safety objective, that you should confirm the occupancy figure for the premises and confirm whether a fire risk assessment has been completed.

These steps are vitally important. If no representations are made by responsible authorities and other persons, they will become the conditions in accordance with which the licensable activities must be carried on at the premises.

Plans

Applications for Premises Licences or Club Premises Certificates must be accompanied by a plan of the premises to which the application relates. The plan must:

• be drawn to the scale of 1:100 (unless the Licensing Authority has previously confirmed in writing to the applicant that an alternative scale is acceptable)
• show the location of the extent of the boundary of the building, if relevant, any external and internal walls which comprise the premises or in which the premises are comprised
• show the location of any exits from the premises
• show the location of any escape routes from the premises
• show the locations in the premises where the licensable activity is to take place and, if more than one licensable activity is to take place, where each licensable activity is to take place
• where the supply or sale of alcohol for consumption on the premises is to take place, show the location where the consumption of alcohol is to take place
• show fixed structures which are impediments to movement
• show the location and height of any stage or raised area
• show the location and type of any fire safety and any other safety equipment including marine safety equipment
• show the location of any kitchens on the premises.

Consents

In cases of applications relating to the sale/supply of alcohol, the consent of the proposed Designated Premises Supervisor (DPS) is required.

Advertising of applications

Applications for:

• a new premises licence
• a provisional statement
• a variation of a premises licence
• a new club premises certificate
• a variation of a club premises certificate

Must advertise their application in 2 ways:

1. by displaying a notice prominently at or on the premises, where it can be easily read from the exterior of the premises, for not less than 28 days starting on the day following the giving of the application to the Licensing Authority
2. by publishing a notice on at least one occasion not more than 10 working days after giving the application to the Licensing Authority (starting on the day following the day on which the application was given) in a local newspaper circulating in the vicinity of the premises.

The notice in (1) above must be of a size equal to or larger than A4, of pale blue colour, and printed in black type of a font size equal to or larger than 16.

A copy of this notice will also appear on the council's website.

In all cases, the notice must contain:

• the name of the applicant or club
• the postal address of the premises or club premises, if any, or if there is no postal address for the premises, a description of those premises sufficient to enable the location and extent of the premises to be identified
• the postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and where the record of the application may be inspected
• the dates between which responsible authorities and other persons may make representations to the relevant licensing authority
• a statement that representations shall be made in writing
• a statement that it is an offence for 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.

Fees

Fee levels have been set by Central Government rather than the Local Authority.

All premises are banded in to five categories (A-E) depending upon the non-domestic rateable value (business rates) of the premises, as following:

The fees relating to application for Premises Licences, Club Premises Certificates, variations and annual fees are graduated in these five bands.

The main application fee for a Premises Licence or Club Premises Certificate is a one-off fee, as follows:

Where premises are in band D or band E and the premises are used primarily and exclusively for the supply of alcohol for consumption on the premises the main application fee for band D and band E is £900 and £1,905 respectively.

In addition, where the "occupancy" of the premises is 5,000 or more persons there will be an additional fee to be paid. Please contact the Licensing Unit for more details.

There is also an annual charge payable by those holding premises licences and club premises certificates, as follows:

Where premises are in band D and band E and the premises are used primarily and exclusively for the consumption of alcohol the main application fee for band D and band E is £640 and £1,050 respectively.

In addition, where the "occupancy" of the premises is 5,000 or more persons an additional fee is required. Please contact the Licensing Unit for more details. 

The cost of a personal licence is £37. There are also other miscellaneous fees covering copies of licences, interim authorities etc. - please contact the Licensing Unit for more details.

Decisions

The Licensing Authority has established a Licensing Act Committee which considers Licensing and Gambling applications. The Licensing Act Committee consists of up to 15 elected members, to carry out its Licensing functions and to make licensing decisions. In the interests of speed, efficiency and cost-effectiveness, certain decisions and functions are delegated to Sub-Committees and Officers.

In the case of applications for a Premises Licence or Club Premises Certificate where no relevant representations have been made within the statutory consultation period, the application will be granted.

If a relevant representation is made in relation to a Premises Licence or Club Premises Certificate application, the matter will be referred to a Licensing sub-committee of three members who will consider all the evidence and decide whether or not the application shall be granted and if granted, whether any additional conditions or restrictions shall apply.

In the case of representations made by 'other persons' who are likely to be affected by the provision of licensable activities, the Authority must first consider if the representation is frivolous, vexatious or repetitive. If it is satisfied that it is, it will reject the representations.

The Authority must notify the person who made these representations of the reasons for this determination no later than 5 working days before the day on which any hearing is to be held, or before the determination of the application to which the representation relates.

The law gives the Council two months to consider a premises licence or club premises certificate application.

In the case of applications considered by a Licensing Sub-Committee you are entitled to be represented by any person, whether or not that person is legally qualified. However, there is nothing to prevent you putting your own case forward if you prefer.

The hearing must be held within 20 working days beginning with the day after the end of the period during which representations may be made. The Licensing Authority must give the notice of hearing no later than 10 working days before the day on which the hearing is to be held.

Further information relating to hearings will be provided prior to a hearing or on request.

When a decision is made to grant a Premises Licence or Club Premises Certificate, the Licensing Authority may grant the licence subject only to conditions consistent with the Operating Schedule accompanying the application and any conditions, which must be included in the licence by virtue of Sections 19, 20 and 21 of the Act.  (These relate to the supply of alcohol, exhibition of films and door supervision).

Where relevant representations have been made, the Licensing sub-committee at the hearing may, having regard to the representations, take any of the following steps, as it considers necessary for the promotion of the licensing objectives:

(i)  exclude any of the licensable activities to which the application relates;

(ii)  refuse to specify a person in the licence as the premises supervisor;

(iii) reject the application.

Definitions

Personal Licence

A Personal Licence is not required if you are operating solely under a Club Premises Certificate or Temporary Event Notice (TEN). This exemption does not apply if you hire the premises out for wedding receptions or similar. You do need a full Premises Licence for these activities (unless you are only holding a small number of events, which you can hold under a TEN) and therefore you will need to appoint a DPS (but see notes on holding multiple licences below).

All sales of alcohol under a Premises Licence must be made by, or under the authority of, a Personal Licence Holder. Not everyone who makes a sale has to hold a Personal Licence, so long as a Personal Licence Holder has authorised the sale. This does not apply to Qualifying Clubs or premises operating under a Temporary Event Notice.

You must apply for your Personal Licence to the Council in whose district you ordinarily reside in.

You can have as many Personal Licence Holders on the premises as you wish, provided there is only one Designated Premises Supervisor (see below).

Designated Premises Supervisor

Additionally, all premises operating under a Premises Licence to sell or supply alcohol must appoint a Designated Premises Supervisor (DPS) for the premises. There can only be one DPS per premises.

The DPS will be held as the person in overall charge of the premises. You should therefore choose this person with care. You have to nominate the DPS on your application form. This person does not have to be on the premises at all times, but they must take responsibility for what happens there. This means the DPS should ensure any staff they appoint are appropriately trained in the requirements of the Licensing Act 2003 and are aware of any specific conditions attached to the Premises Licence.

A person cannot become a DPS unless he/she is also a Personal Licence Holder. The application procedure is described in the notes attached to the application forms.

Temporary Events (one off events and special occasions)

Any buildings or outdoor space are regarded as "premises" under the Act and you must obtain consent for any licensable activities you wish to provide.

If you are providing a licensable activity that less than 500 people will attending (including staff and performers) which lasts for no more than 168 hours, you can apply to authorise your event by submitting a Temporary Event Notice (TEN) to the Council.

A valid TEN authorises you to carry on licensable activities on premises that are not currently licensed, or that fall outside the authorisation of an existing premises licence or club certificate. This would include for example:

• selling alcohol at a school fete
• providing regulated entertainment at a pub where the current licence does not permit this
• staying open to sell hot food in to the night on a special occasion (e.g. New Year's Eve)
• selling alcohol after the hours your normal licence permits, e.g. for a special occasion
• an amateur dramatics group putting on a play in unlicensed premises.

Are there any restrictions on TENs?

• you can only give up to 50 TENs including 10 Late TENs a calendar year if you are a Personal Licence Holder (see section below on Personal Licences)
• you can only give up to five TENs including 2 Late TENs a calendar year if you are not a Personal Licence Holder
• you must be aged 18 or over
• restrictions apply where the applicant is an "associated person" of someone who has already given a TEN, including spouses, close relations, agents and employees, and their spouses. The word "spouse" also includes someone living with the notice giver
• you can only have a maximum of 12 TENs per calendar year for any particular premises, subject to an overall limit of no more than 21 days in total (where the TEN lasts for more than one day).

If your event/activity falls outside these restrictions, you would require a Premises Licence or Club Premises Certificate.

If the number of TENs you give in a year exceed the limits above, the Council must serve a counter notice prohibiting the event from going ahead. This must be served at least 24 hours before the event.

You are required to serve a copy of the Temporary Event Notice on the Police and Environmental Health, at the same time that you submit the Notice to the Licensing Authority.

They may object if they feel your event would undermine one of the licensing objectives. If they do object, we will hold a public hearing in front of our Licensing Sub-Committee to determine your application (unless all parties can agree a hearing is unnecessary). The Committee will listen to evidence from both sides before deciding whether the event can go ahead. However, Government guidance directs us to refuse permission for the event in these circumstances, unless there are exceptional reasons not to.

Where an objection is received in relation to a late Temporary Event Notice and a counter notice is issued, there is no right of hearing before the Council's Licensing Sub-Committee.

Standard Temporary Event Notice

A Standard Temporary Event Notice is 'given' if it is served no later than 10 working days before the day on which the event period begins:

• to the relevant licensing authority by means of a relevant electronic facility, or
• to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person.

Late Temporary Event Notice

A Late temporary event notice is given if:

• it is given to the relevant licensing authority by means of a relevant electronic facility no later than five working days, but no earlier than nine working days, before the day the event period begins, or
• both of the following are satisfied
  • it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person no later than five working days before the day on which the event period begins
  • it is given to at least one of those persons no earlier than nine working days before the day on which that event period begins.

Licensable Activities

• the sale by retail of alcohol
• the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
• the provision of regulated entertainment
• the provision of late night refreshment.

Regulated Entertainment

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within (e), (f) or (g) where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose of, entertaining that audience.

Late Night Refreshment

A person provides late night refreshment if:

• at any time between the hours of 11pm and 5am they supply hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether for consumption on or off the premises
• at any time between those hours when members of the public, or a section of the public, are admitted to any premises, they supply, or holds themself out as willing to supply, hot food or hot drink to any persons, or to persons of a particular description, on or from those premises, whether for consumption on or off the premises, unless the supply is an exempt supply.

Licensing objectives

The licensing objectives are

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm.

Other persons

Person(s) who live, or are involved in a business, in the relevant licensing authority's area and who are likely to be affected by it (who are not also a responsible authority)

Responsible Authorities

These are mainly public bodies which are entitled to make representations to the Licensing Authority in relation to the application for the grant, variation or review of a premises licence or club premises certificate or for the issue of a provisional statement.

You must ensure a copy of your application is given to each of the Responsible Authorities

All representations made by Responsible Authorities are relevant if they concern the effect of the application on the licensing objectives.

• the Chief Officer of Police;
• the local Fire Authority;
• the local enforcement agency for the Health & Safety at Work etc Act 1974 (i.e. the local authority or Health & Safety Executive);
• Environmental Health Authority
• Planning Authority;
• Primary Care Trust or Local/Public Health Board.
• any body representing those who are responsible for, or interested in, matters relating to the protection of children from harm and is recognised by the licensing authority for that area as being competent to advise it on such matters; AND
• the Licensing Authority, including the relevant licensing authority, in whose area part of the premises are situated.

View information on responsible authorities in South Ribble.

Depending upon the nature of your business, your health and safety enforcing authority may not be the council's Environmental Health team. In such circumstances the Health and Safety Executive (HSE) will carry out health and safety enforcement. A copy of your application should be forwarded to the address below in addition to other responsible authorities.

Health and Safety Executive North West Division,
Grove House,
Skerton Road,
Manchester,
M16 0RB

Every effort has been made to ensure that this leaflet is as comprehensive and accurate as possible. However, in attempting to simplify the law, certain requirements have been omitted. Full details of what you must do are in the legislation itself.

Further advice can be obtained from our office using the contact details on the top of this advice sheet, however you are advised to seek independent legal advice when applying for any permission(s) under this legislation. We must also advise that only the Courts can give an authoritative opinion on statute law.