What is a premises licence?
Anyone over the age of 18 years wishing to or proposing to carry on a business which involves the use of a premises for licensable activities i.e. provide regulated entertainment, late night refreshment or sell alcohol, needs a premises licence.
A licence is normally granted indefinitely but can be granted for a fixed term and is subject to review at any time. It has effect until the licence is revoked, suspended or surrendered. A premises licence may also be granted. for one off large scale events, for example when an event is likely to attract over 500 people
Any premises where alcohol is sold under a premises licence must have a nominated designated premises supervisor (DPS). They will be named on the original application form and must complete a consent form. They are responsible for the authorisation of alcohol sales at the premises. A DPS must hold a personal licence.
Community halls and village halls may apply to the Council to disapply the requirement for a DPS providing the hall is used by the management committee for the benefit of the community.
What legislation controls premises licences?
The Licensing Act 2003
Who can apply?
Any of the following can apply for a licence:
- an individual/s over the age of 18 years
- a limited company, partnership, an unincorporated association or other (eg. statutory corporation)
- a recognised club
- a charity
- the proprietor of an educational establishment
- a health service body
- a person who is registered under Part 2 of the Care Standards Act 2000 (c14) in respect of an independent hospital
- a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England
- the chief officer of police of a police force in England and Wales
- Anyone carrying out a function discharged by virtue of Her Majesty's prerogative
What is the application process?
When applying for a premises licence, applicants must submit to the Licensing Authority:-
- the appropriate application form including the operating schedule
- a plan of the premises
- the relevant fee
- a form of consent completed by the DPS if the application involves the supply of alcohol
The operating schedule should include details of:-
- the licensable activities
- the times the activities will take place
- any other times when the premises will be open to the public
- in the case of a limited licence, the period for which the licence is required
- the name of the designated premises supervisor
- whether the sale of alcohol is for consumption on or off the premises or both
- the steps proposed to be taken to promote the licensing objectives
The applicant must send copies of the application to all the Responsible Authorities. In addition, they must advertise the application by placing a blue notice in the window of their premises and an advert in the local newspaper.
There will be a 28 day consultation period for new and variation applications during which time, responsible authorities, e.g Police, Fire, Council departments etc., and other persons, such as local residents and businesses, Councillors etc., can make representations.
Can I apply Online
An application can be submitted online here.
You can also:
- vary a premises licence
- tell us about minor variation to your premises
- transfer a premises licence
- vary a premises supervisor
- apply for an interim authority notice
- apply for a provisional statement
- disapply the requirement of a DPS at a community premises
- notify the Council of an interest in a premises
- consent to a transfer
- consent to being a DPS
- remove yourself as a DPS
- pay your annual fee
How much does it cost?
Fees are based on the rateable value of a property and rateable values are split into 5 bands, A to E. The fee payable for a licence is dependant on the band in which a property is placed. An annual fee will also be charged. No fee shall be payable for an application for an educational institution, such as a school, college, etc. as long as the provision of the regulated entertainment carried on is for and on behalf of the educational institution or for a church hall, chapel, or other similar building or community hall, parish hall or other similar building. In the case of premises in Bands D and E, where the premises is used exclusively or primarily for the supply of alcohol for consumption on the premises, a multiplier fee is payable.
0 to £4,300
£4,301 to £33,000
£33,001 to £87,000
£87,001 to £125,000
N.B. In the case of premises under construction or not yet built, for which the rateable value has not been determined, Band C fees will be applicable. Where the number or persons allowed on a premises exceeds 5,000, the following additional fees and annual fees will apply:
|NUMBER OF PERSONS
|5,000 to 9,999
|10,000 to 14,999
|15,000 to 19,999
|20,000 to 29,999
|30,000 to 39,999
|40,000 to 49,999
|50,000 to 59,999
|60,000 to 69,999
|70,000 to 79,999
|80,000 to 89,999
|90,000 and over
How long will it take to process my application and will tacit consent apply?
The consultation period for an application is 28 days. If no representations are received during this period, then tacit consent will apply. In other words, the application is deemed granted. However, if representations are received, then tacit consent does not apply. The Council must call a hearing, if necessary, to determine the application, within 20 working days after the end of the 28 day consultation period. The Council must consider all representations and decide if the licence should be granted as it is in the public interest to fully process an application before granting it. If you do not hear about your application from the Council within 56 days of submitting it, you can contact us here.
Can I appeal if my application is refused?
Yes, you can appeal against the decision to a Magistrates' Court, within 21 days from being notified of the decision in writing. You can also appeal if the licence is granted but you are not happy with the conditions imposed. An interested party or responsible authority who made relevant representations to an application can appeal against the Council's decision to grant the licence, or any conditions imposed, to the Magistrates' Court, within 21 days of being notified of the decision.
An interested party or responsible authority can apply to the Council for a review of a premises licence and a hearing must be held to determine the application. The Chief Officer of Police can apply to the Council for a review of a premises licence if it is licensed to sell alcohol and a senior police officer has given a certificate that they are of the opinion that the premises is associated with either serious crime or disorder or both. A hearing must be held and the licence holder and other interested parties may make representations.
Public Protection Service
Blaenau Gwent County Borough Council
Telephone: 01495 355485
Email : firstname.lastname@example.org