Premises Licence
Why do I need a Premises Licence
If you run premises that are used to supply alcohol, you must have a premises licence.
A premises licence is also required if you provide hot food and drinks between 11pm and 5am, and if you provide the following forms of regulated entertainment, either for profit or for charity:
- theatrical performance
- film exhibition
- indoor sporting event
- boxing or wrestling (indoor or outdoor)
- live music
- recorded music
- dance
- provision of facilities for making music
- provision of dancing facilities
A Premises Licence permits licensable activities to take place on or from a defined area, a building, part of building, a vessel, vehicle or temporary structure. A premises licence can be made by an individual, several individuals, a company or organisation, or other prescribed persons such as individuals acting as representatives for a company or individual. The application for a premises licence is normally the responsibility for the owner of the business or the committee responsible for the building. If the premises are leased, the freeholder has a right to inform East Staffordshire Borough Council that they own, part own, or occupy the premises they have a right to know of any applications, notices and request other information.
You may not apply for a premises licence or a club premises certificate if you or any of your committee members are under 18 years of age. The applicant for a premises licence or club premises certificate does not need to be a personal licence holder.
How to apply for a New Application?
Electronic Applications
Applicants may apply using the licensing forms available on the Electronic Application Facility (EAF) which is part of businesslink.
The licensing authority must copy electronic applications, made via businesslink or its own facility, to responsible authorities no later than the first working day after the application is given. However, if an applicant submits any part of their application in writing, the applicant will remain responsible for copying it to responsible authorities.
Application for a premises licence
Provisional statement
Application to vary a premises licence
Application to vary a premises licence to specify an individual as designated premises supervisor
Make annual payment for a premises licence
Written applications
A written application for a premises licence must be made in the prescribed form and be copied to each of the appropriate responsible authorities. Contact details for the responsible authorities can be found at the end of this document.
Application for a premises licence
Application to vary a premises licence
Application to vary a premises licence to specify an individual as designated premises supervisor
Premises Supervisor Consent
Application to Transfer a Premises Licence
Transfer Consent
Advertisement Template Notice A
Advertisement Template Notice B
Minor Variation Form
The application must be accompanied by:
- The required fee (fee details below)
- An operating schedule (see below)
- A plan of 1:100 scale (unless otherwise arranged with ESBC Licensing Officers) of the premises that should include the following details:
- The location and extent of the boundary of the building, if relevant, and any external and internal walls which comprise the premises, or in which the premises is comprised
- The location of exits from the premises
- If different from the location of exits, the location of escape routes from the premises
- The locations on or from the premises is to be used for the licensable activity and in the case of an application where the premises is to be used for more than one licensable activity the location for each activity (For the avoidance of doubt the different areas/activities should be marked in different colours).
- In a case where the application relates to the supply of alcohol, the location or locations on the premises which is or are to be used for the consumption of alcohol
- Fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment
- In a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor
- In a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts
- In a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms
- The location and type of any fire safety and other safety equipment including, if applicable marine safety equipment
- The location of a kitchen, if any on the premises
And:
- If the premises licence application is to include the retail of alcohol, the consent of the individual personal licence holder who wishes to be the premises supervisor is required,
- If a club premises certificate application, a copy of the club rule book, and a declaration that the club is a “qualifying club”.
The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009 amended the Act to allow certain community premises which have, or are applying for, a premises licence that authorises alcohol sales to also apply to include the alternative licence conditions instead of the usual mandatory conditions. Such an application may only be made if the licence holder is, or is to be, a committee or board of individuals with the responsibility for the management of the premises.
How do I know if the application is complete?
Incomplete applications will be dealt with in one of two ways. If the application is simply missing one or two simple details, a letter requesting the missing documentation will be sent to the applicant and the application will be kept on hold. If there are more than a few simple details incomplete or the applicant fails to submit the necessary documentation, the application will be rejected and returned to the sender. The application must be resubmitted.
What happens next?
The applicant has a duty to advertise their application. A blue notice (available from the licensing office) must be displayed in a prominent position at or on the premises concerned, which details the activities and hours applied for. This notice must be displayed for not less than 28 consecutive days starting the day after the day the complete application was given to the authority. The applicant must also advertise their application in a local newspaper circulating in the relevant part of East Staffordshire such as the Burton Mail, the Uttoxeter Advertiser, Uttoxeter Post and Times or other similar paper. The newspaper notice must be circulated at least one occasion not more than 10 working days after the giving of the application to East Staffordshire Borough Council Licensing Team, both the newspaper notice and the notice for the application will contain the following information:
- The name of the applicant or club;
- The postal address of the premises, or if not applicable a description of the premises concerned
- The relevant licensable activities proposed to carry on at the premises
- The proposed changes of the application (if the application is for a variation)
- Details of where the register of East Staffordshire Borough Council is held and where it can be inspected
- The dates between which an interested party and a responsible authority may make representations to East Staffordshire Borough Council Licensing Team
- A statement that all representations must be made in writing
- A statement that it is an offence 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
When we acknowledge receipt of the application we will confirm the dates within which representations can be made. We will also send out an advertisement declaration, which must be completed and returned to confirm that the application has been advertised in accordance with the Act.
If there are no representations within the 28 consecutive days, a complete application form has been submitted with the appropriate fees and other paperwork, and appropriate notices in the papers and on the premises, the licence will be granted.
However, if a representation from any interested parties or responsible authorities has been received, the licensing team will decide whether the representation is relevant. If the licensing team find the representation relevant the matter will be referred to the Licensing and Gambling Sub Committee for consideration. All relevant parties will be notified. A decision will be made by the licensing sub-committee and the details of that decision will be circulated to the parties concerned.
The applicant does have a right to appeal and this should be made to the magistrates appropriate to the location of the premises concerned. Professional advice should be sought where it is uncertain what the best course of action should be.
Objecting to a Premise Licence
Any representations received must relate to one of the three licensing objectives. The council can reject any representations that are vexatious or frivolous.
If representations are received you will be notified of them. If this is the case, the application will have to go to a committee hearing to hear all the facts of the matter and make a decision.
You will be notified of any hearings and given the opportunity to attend in person.
Policy Consideration Document
Guidance for Interested Parties
Committee Leaflet
The Council will grant a Premises licence unless there is conflict with the four licensing objectives. The Council can also impose conditions on a premises licence to promote the licensing objectives.
Need Help?
If you require help when completing the forms, please contact the Licensing Team at East Staffordshire Borough Council for either advice or to arrange an appointment to come and get help in completing the form. Alternatively you may feel that you wish to pass the job of making your application to a reputable licensing professional such as a solicitor or consultant.
Fees
Fees for all licensing act 2003 permissions have been set by central government. These are divided into 5 bands:
| Non-Domestic rateable value |
£0 - £4300 |
£4,301 - £33,000 |
£33,001 - £87,000 |
£87,000 - £125,000 |
£125,001 and over |
| £100 |
£190 |
£315 |
£450* |
£635* |
* Where the premises is used exclusively or primarily for the supply of alcohol for consumption on the premises, the fee shall be:
- For Band D premises, two times the amount shown above i.e. £900; and
- For Band E premises, three times the amount shown i.e. £1905.
Additional fees are payable for large events i.e. for occupancies of 5000 or greater (please contact the Licensing Team for details).
Fees will be annually payable by those holding premises licences and club premises certificates as follows:
To find out how much your non-domestic rateable value of your premises is please enter your postcode into the Valuation Office’s website, www.voa.gov.uk
New Application Overview
| New Premises Licence or Club Premises Certificate |
- Police
- Staffordshire Fire and Rescue
- ESBC Development Services
- ESBC Environmental Health Division
- Health and Safety Executive (where the premises is enforced by the HSE)
- Staffordshire County Council – Corporate Director of Social Care & Health
- Trading Standards
- Advertise in local paper
|
Please see above as dependent of Non-domestic Rateable Value |
How long will it take to process my application?
The Licensing Authority will endeavour to acknowledge receipt of your application within five working days.
If no representations are made to the application the licence will be granted on expiry of the consultation period.
If relevant representations are made the application will be referred to the Licensing and Gambling Sub Committee for consideration. The applicant will be given notice of the hearing date.
Will tacit consent apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.
If my application is refused how do I appeal?
Please contact us in the first instance for details of how to appeal.
If an application for a licence is refused the failed applicant can appeal. Appeals are made to a Magistrates' court within 21 days of notice of the decision.
What if I have a complaint or concern?
If you have a complaint or concern about a Premises Licence please contact us.
General advice
If you are in the UK, advice is available from Consumer Direct.
If you are outside the UK, advice if available from the UK European Consumer Centre.
Can I view a public register on line?
No. The register is available for inspection in person, by appointment only, at the Licensing Office in Millers Lane, Burton upon Trent. Alternatively, requests can be made for extracts of the register to be sent via post or e-mail. However a charge may be made for this service.
Should you experience any difficulty in applying on-line, please contact us.