Published on August 2nd, 2011 | by Dean Carr
What is a premises licence?
A premises licence authorises a premises to carry out licensable activities. Any business that carries out one or more licensable activity will need a premises licence.
- The sale of alcohol by retail
- The provision of regulated entertainment
- The provision of late night refreshment
- The supply of alcohol by qualifying club premises
The sale of alcohol by retail:
The sale or supply of alcohol, or storage with intent to supply, demands a premises licence. This applies to sale or supply by retail: a business to customer transaction. The wholesale, or business to business sale, of alcohol is not a licensable activity and so does not require an alcohol licence.
Every retail sale of alcohol must be made or authorised by a personal licence holder. A premises selling alcohol by retail must identify a person who has responsibility for the day to day running of the premises: this person is known as the ‘designated premises supervisor’ and must hold a personal licence.
The provision of regulated entertainment
Any provision of regulated entertainment (entertainment provided in the presence of an audience or for the purpose of entertaining that audience) requires a premises licence.
This includes :
The performance of a play
The exhibition of a film
An indoor sporting event
Boxing or wrestling
Playing recorded music
Anything similar (e.g. a circus)
The provision of late night refreshment
The provision of late night refreshment – the sale of hot food or drink at any time between 11pm and 5am – requires a premises licence.
The supply of alcohol by qualifying club premises
The retail sale of alcohol via a club certificate. This usually applies to social clubs.
A premises operating under a premises licence is bound to uphold four licensing objectives:
- The prevention of crime and disorder
- The promotion of public safety
- Prevention of public nuisance
- Protection of children from harm
These objectives must be considered during application, planning and day-to-day operations.
Applying for a premises licence
A premises licence is fixed to that building or open space, and cannot be transferred to different premises. A premises licence is valid until revoked, suspended or surrendered. There is no time limit on a premises licence, unless the applicant requests one.
Individuals, businesses or partnerships can apply for a premises licence. A premises licence applicant must be over 18 years old.
There are 4 key parts to a premises licence application:
1: The application fee
2: The operating schedule, where the applicant details how he or she proposes to operate and promote the licensing objectives. This includes:
The licensable activities to be carried out
The proposed hours that the relevant licensable activities are to take place
Any other times that the premises are to be open to the public
The name and address of the Designated Premises Supervisor
Whether supplies of alcohol are to be consumed on or off the premises
Any conditions the applicant would like to volunteer to help with the application
If any limited period is involved, the period required
3: A detailed plans of your premises, to 1:100 scale.
4: The consent of the person designated as the premises supervisor
You must advertise your premises licence application by displaying a notice for no less than 28 consecutive days, starting on the day after the day on which the premises licence application was given to the licensing authority. The notice needs to be A4 or larger, of pale blue colour, and printed or typed legibly in black ink with a font of a size of 16 or larger. It must be displayed prominently at or on the premises involved, where it can easily be read from the exterior of the premises, and depending on the size of the property every 50 meters along the external perimeter of the premises abutting any highway.
You must also advertise by publishing a notice in a local newspaper (or newsletter or circular if no local newspaper is available) circulating in the vicinity of the premises on at least one occasion during the period of 10 working days starting on the day after the application was given to the relevant licensing authority.
An application must be sent to the relevant local licensing authority, the local police, fire service, and any local authority that may have an interest (e.g. Trading Standards).
The application for a premises licence can be a very complicated process full of hidden pitfalls. I would advise that you seek expert legal advice.
For information and advice, contact Personal Licence Training Ltd, licensing consultants:
Local Rate Telephone: 0845 388 9581
Personal Licence Training Ltd
Unit 3, The Oaks