Under the Licencing Act 2003, a venue where alcohol is sold, or refreshments are sold between 11pm and 5am must hold a premises licence. A licence is also required for certain types of public entertainment. Our specialist licensing consultants help you with your premises licence application and guide you through the process.
A premises licence is required when you carry out one or more of the following three licensable activities:
– The sale of alcohol
– The provision of regulated entertainment
– The provision of late night refreshment
As well as permitting the sale of alcohol and hot food and drink late at night, a premises licence gives permission for regulated entertainment, including:
– Boxing or wrestling entertainment
– Dance performances
– Film showings
– Music (live and recorded)
– Play performances
– Indoor sports events
A premises licence, or a club premises certificate, is a permanent licence granted under the 2003 Licensing Act for a specific location.
Do you need a premises licence to sell alcohol on Amazon?The premises where the alcohol is being dispatched from will require a premises licence. Even if you sell alcohol on Amazon or through another online platform from your home, you still require a premises licence. Amazon also requires you to have a premises licence even if the fulfilment of the order is completed by Amazon and the alcohol doesn’t come anywhere near your property.
Who needs to complete a premises licence application?Anyone carrying out licensable activities needs to complete a premises licence application unless an exemption applies (see below).
Why do you need a premises licence?The purpose of a premises licence is to make sure event organisers understand their responsibilities to the public.
When applying for a premises licence, evidence must be submitted to demonstrate compliance with the licensing objectives under the
Licensing Act 2003:
– Prevention of crime and disorder
– Protection of public safety
– Prevention of public nuisance
– Protection of children from harm.
These are the responsibilities of a premises licence holder:
– The licence (or a certified copy) must be kept on the premises and available for inspection at all times by any police constable or person authorised by the council.
– The licence summary (Part B) must be prominently displayed at the premises.
– If your premises licence is lost, stolen or destroyed you must notify the council and apply for a copy of the licence.
– If you wish to surrender your licence you must inform the council.
– If you wish to make any changes to your designated premises supervisor, operating hours, activities, conditions and any alteration to the premises you must apply to the council for a variation of your premises licence.
– Any change of name or address must be disclosed to the council.
– You must apply to the council if you wish to transfer the licence to someone else.
– You must pay an annual fee due on the anniversary of the grant date of your licence.
Someone who does not have the right to live and work in the UK or is not legally allowed to carry out a licensable activity cannot apply for a premises licence.
Are there any premises licence exemptions?You do not always need a premises licence to supply hot food or drink after 11pm (for example, if you are not charging for refreshments or your organisation is a charity).
There are also times when you do not need a premises licence to put on public entertainment. Exemptions are normally dependent on the time an event is held, where an event is taking place and the size of the audience.
For more information about exemptions, see the guidance notes at the bottom of the government’s premises licence application form, or contact our advisors who will be happy to answer your questions.
You always need a premises licence to sell alcohol unless it is for a one-off event.
You can sell alcohol in a ‘pop-up’ bar at a school fair, for example, without applying for a full premises licence. Instead, you can apply for a
Temporary Event Notice (TEN) which is far less onerous.
A licence is valid for as long as the premises exists, or until the licence is surrendered or revoked.
The licence holder is liable for the licence until liquidation/surrender of licence or death of the licence holder.
There is an annual fee payable on the anniversary of the grant of the premises licence.
If you buy a business that already has an alcohol licence, you will need to transfer the licence to your business.
What happens if you need to make changes to your premises licence?If you need to make a change to your premises licence, you can submit an application to the local authority. For example, you might want to
change the designated premises supervisor (DPS) or vary your hours of operation.
You can also apply for a Major Variation or a Minor Variation, depending on the type of change you wish to make.
If there is an objection which is based on the four licensing objectives under the 2003 Licensing Act, a hearing of the licensing committee must be held within 20 working days, unless all parties agree that a formal hearing is unnecessary.
The licensing committee will consider representations with regard to the licensing objectives. On this basis they may grant, reject or alter the terms or conditions of the licence.
Who can object to a premises licence application?Once the licensing authority is in receipt of your
premises licence application, responsible authorities and interested parties can raise an objection (or make a representation). They have 28 days to make representation to your application.
Any party wishing to make representation has 28 days to do so, starting on the day after your application is advertised. They are entitled to apply to the council for a review of an existing licence.
These responsible authorities can make a representation:
– Police
– Local fire and rescue
– Primary care trust (PCT) or local health board (LHB)
– The relevant licensing authority
– Local enforcement agency for the Health and Safety at Work etc Act 1974
– Environmental health authority
– Planning authority
– Body responsible for the protection of children from harm
– Local trading standards.
If, following a hearing, your application is refused by the council you can appeal to the Magistrate´s Court. You must do this within 21 days of being notified of the decision.
Can a premises licence be revoked?A premises licence can be revoked if the licence holder fails to comply with licensing objectives under the 2003 Licensing Act.
The licence holder has a right to appeal against a decision to revoke their licence. If the appeal is unsuccessful the premises will no longer be authorised to provide services or products to the public.
As well as a premises licence, someone at your venue must hold a personal licence. This person is called the designated premises supervisor (or DPS) and they are accountable for the responsible sale of alcohol on the premises.
We can help you to apply for an alcohol premises licence and make a personal licence application. Before you can apply for a personal licence you need to gain the APLH (Award for Personal Licence Holders) qualification.
Our experts can explain the licence terms to you and make sure you understand how the terms affect your business. We can draw up all the paperwork to ensure your business complies with legislation, increasing the chances your application will be successful.
All applications are subject to a 28-day premises licence consultation process.
This 28-day period is a chance for members of the public and responsible authorities (such as environmental health, the planning department, the fire service and the police) to make a representation or comment on your application.
Who must be notified?
Responsible authorities must receive a copy of your premises licence application along with your plans.
To make sure members of the public see your application, it must be advertised in your local newspaper. Additionally, a notice must be clearly displayed on the premises for 28 days from the day after you made your application. People must be able to see the notice from outside the premises as they are passing.
It is very important that your premises licence application is publicised correctly. If there are any mistakes, the council can invalidate your application and you will have to reapply.
As part of our service, we make sure your application is advertised in accordance with the law. You only need to pay for the newspaper advertisement – we take care of the rest.
What happens if an objection is raised?
We can negotiate with anyone who puts in a representation during the 28-day premises licence consultation process. Most of the time, we successfully get people to withdraw their objections and applications are granted at the end of the 28 days.
If matters cannot be settled through negotiation, our experienced licensing consultants can offer you strong representation at a court hearing. We make sure you are well prepared for the hearing and guide you throughout the process.
The premises licence application form contains sections that require research and careful consideration. We can help you with every aspect of the application process.
You need to provide:
– A description of the premises. This includes the type of premises (village hall etc.) and a plan of the layout
– A description of the type of event. For example, if it is a live music performance, is it karaoke or an orchestra?
– A description of where alcohol purchased on the premises will be consumed, even if it is not on the premises
– Details of where on the premises the event will take place. Will it take place indoors or outdoors? Will the event be held in a building, garden, marquee etc.?
– Whether entertainment could cause child safeguarding concerns, regardless of whether children will attend the event. This is particularly relevant if a film is restricted by age, or entertainment is of a sexual nature
– The hours the event will be open to the public, especially if the hours will differ from the venue’s standard opening times
– How many people you expect to attend the event
– An explanation of how you will meet each of the four licensing objectives (see, ‘What is the purpose of a premises licence?’ above).
– Scanned copies of documents that prove you have the right to work in the UK (for example, your passport or Biometric Residence Permit).
In addition, your local licensing authority may request extra information from you. You can find out more on your local licensing authority’s website.
What about signing your premises licence application?In most cases, the person (or people) applying for a premises licence must sign the application form. However, an agent acting for an applicant (or joint applicants), such as a solicitor, has the authority to sign.
At Innpacked, we have assisted people with premises licence applications for more than 20 years. Our team of licensing consultants have secured thousands of licences for all types of businesses across a range of sectors, from hotels to ‘pop-up’ venues.
Our experts understand that applying for a premises licence yourself can be onerous. By working with us, you can make the process efficient and stress-free. We will ensure your application is legally compliant, error-free, and includes the right supporting documents.
Please contact us today to find out how we can help with your premises licence application.