North East Lincolnshire Council Licensing Section
Guidance Note - LA02
Premises Licences
The Premises Licence
A premises licence can be granted to authorise the sale of alcohol, the provision of regulated entertainment or the provision of late night refreshment.
The Licensing Objectives
· The prevention of crime and disorder;
· Public safety;
· The prevention of public nuisance;
· The protection of children from harm
Regulated entertainment is:
Subject to conditions, definitions and exemptions, descriptions of entertainment to be regulated by the 2003 Act include:
· a performance of a play
· an exhibition of a film
· an indoor sporting event
· a performance of live music
· any playing of recorded music
· a performance of dance
Late night refreshment is:
The supply of hot food or hot drink to the public, for consumption on or off the premises, between 11pm and 5am or the supply of hot food or hot drink to any persons between those hours on or from premises to which the public has access.
Applications
An application for a new premises licence must be made to the Licensing Authority for the area in which the premises are situated. To make an application, the following must be sent to the Licensing Section:
· Completed application form including an operating schedule and details of the designated premises supervisor (if alcohol is to be supplied),
· Plan of the premises (see below)
· Prescribed fee (see tables at the end of this Guidance Note)
· Copy of the newspaper advertisement (see Advertising Applications section)
· Evidence of right to work in the UK (see guidance on Premises Licence Application Form)
Plan
Plans submitted with Premises Licence applications must contain:
1. the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
2. the location of points of access to and egress from the premises;
3. if different from (b), the location of escape routes from the premises;
4. in a case where the premises is to be used for more than one licensable activity, the area within the premises used for each activity;
5. 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;
6. 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;
7. in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
8. in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
9. the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and
10. the location of a kitchen, if any, on the premises.
(Unless otherwise agreed in writing the plan must be in standard scale i.e. 1:100).
The Designated Premises Supervisor (DPS)
All premises licences authorising the sale and supply of alcohol must have an identified personal licence holder known as the Designated Premises Supervisor or ‘DPS’.
This ensures there is always one specified individual who can be easily identified where a premises licence is in force. This person will be responsible for the day-to-day running of the premises.
Operating Schedule Advice
The operating schedule is the part of the application form in which the applicant sets out various details on how the premises is proposed to operate when carrying on licensable activities. The application must have regard for the four Licensing Objectives of:
· The prevention of crime and disorder;
· Public safety;
· The prevention of public nuisance;
· The protection of children from harm
It must include the following information:
· 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 if the licensable activities include the supply of alcohol;
· if alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off the premises;
· a statement of the steps the applicant proposes to take to promote the licensing objectives;
· where the licence is for a limited period, that period.
The significance of the operating schedule is that if the application for the premises licence is granted, it will be incorporated into the licence itself and will set out the permitted activities and any limitations.
Set out below are some issues which applicants are advised to consider when completing their operating schedules for new applications. It must be stressed that this is not an exhaustive list and it is the applicant’s responsibility to address all relevant operational implications of the application.
Prevention of crime and disorder
Example CCTV conditions:
· CCTV must be provided in the form of a continuous recording system providing real time pictures of evidential quality in all lighting conditions particularly for the purpose of facial recognition.
· Cameras must be positioned to view all ingress to and egress from the premises including fire exits and all areas where the sale/supply of alcohol occurs. In addition cameras must be positioned to view the entrances to the public toilets.
· Recordings must be correctly time and date marked.
· Recordings must be in date order, numbered sequentially and kept for a period of 31 days.
· The Premises Licence Holder must ensure an appointed member of staff is capable of downloading CCTV footage in a recordable format (either disc or VHS) at all times the premises is operating.
· Recordings must be provided to Officers of Humberside Police and the Licensing Authority on request.
· The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.
· Recordings must be made of each trading period conducted at the premises.
· A monitor with a minimum 15” screen must be placed in such a position so as to be viewed by staff working in the/every sales area of the premises and by customers.
· CCTV warning signs must be displayed in public areas of the premises
· An operational daily log report must be maintained endorsed by signature, indicating the system has been checked by the DPS or other responsible named individual and is compliant, in the event of any failings actions taken must be recorded.
· CCTV equipment must be maintained in good working order.
· In the event of technical failure of the CCTV equipment the Premises Licence Holder/DPS or other nominated person must report the failure to the Humberside Police Licensing Officer and The Licensing Authority as soon as practical.
Prevention of Public Nuisance
Where possible applicants should provide technical details of proposed or existing noise control measures. This becomes particularly important if the premises will regularly be used to provide regulated entertainment.
Protection of Children from harm
The Licensing Authority supports and encourages family orientated pubs/restaurants or similar premises and recognises that it is entirely the licensees’ choice as to whether children under the age of 16, when accompanied by a responsible adult, shall be permitted onto licensed premises. However, applicants should state in the operating schedule whether or not they will admit children to licensed premises, whether or not children shall be admitted to all parts of the premises, and where children are to be admitted, the steps that will be taken to protect children from harm.
General
Applicants are also advised to refer to Annexes A – I of the Guidance Document issued under Section 182 of the Licensing Act. This sets out pools of conditions that may be useful. A copy of the Section 182 guidance can be downloaded free of charge from www.homeoffice.gov.uk.
Advertising Applications
All applicants must publicise their applications to bring the matter to the attention of people, businesses and bodies.
The applicant must clearly display a notice immediately on or outside the premises for a 28-day period during which time responsible authorities and interested parties may make representations. For premises over 50m2, a notice should be provided every 50m along the external perimeter that abutts any highway. This notice must be size A4 or larger, a pale blue colour and the type font must be black size 16 or larger.
A notice must also be published in a local newspaper circulating in the vicinity of the premises on at least one occasion not more than 10 working days after service of the application on the Licensing Authority, starting the day following the day on which the application was served. A copy of this notice should be provided to the Licensing Authority with the application.
These notices must include: the relevant licensable activities with opening times, the applicant’s name, the premises address, the address of the Licensing Authority, the dates that representations can be accepted 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.
Templates for these notices can be provided by the Licensing Section.
Representations
Where relevant representations (objections) are received from people, businesses, bodies or responsible authorities, a hearing will need to take place to determine the application.
· Responsible authorities are listed at the end of this Guidance Note.
Where no relevant representations are made and where the Licensing Authority is satisfied that the applicant has complied with advertising and notice requirements, it must grant the licence application subject only to certain mandatory conditions and the operating schedule provided by the applicant.
If relevant representations are received and any interim discussions between relevant parties fail to find a resolution, the Licensing Authority must hold a hearing and consider the representations. This may result in:
· the rejection of the application,
· the refusal to accept a designated premises supervisor (if the licensable activities relate to the supply of alcohol),
· the attachment of conditions to the licence if is this is appropriate for the promotion of one or more of the licensing objectives.
Reviews
A hearing may also be arranged if there is a request for a review of the licence or the police close the premises. At the hearing the licensing authority will review the licence and consider whether to amend the licence or any conditions or even revoke it.
Sending applications
For premises within North East Lincolnshire applications should be sent to:
Licensing Section, Municipal Offices, Town Hall Square, Grimsby, DN31 1HU
Email:
www.nelincs.gov.uk/licensing
Copies must also be sent to each of the following Responsible Authorities at the same time:
For privately owned propertiesDivisional Manager (Commercial)
North East Lincolnshire Council
Environmental Health Department
Municipal Offices
Town Hall Square
Grimsby
DN31 1HU /
For local authority owned properties
The Health and Safety Executive
Edgar Allen House241 Glossop Road
Sheffield
S10 2GW
Alcohol and Licensing Department
Police Headquarters
Priory Road Police Station
Priory Road
Hull
HU55 5SF / Fire Safety – Technical
Humberside Fire & Rescue Service
Peaks Lane,
Grimsby
North East Lincolnshire
DN32 9RS
Trading Standards Manager
North East Lincolnshire Council
Trading Standards Department
Municipal Offices
Town Hall Square
Grimsby
DN31 1HU / Searches Officer
Planning (Development Control)
North East Lincolnshire Council
Origin One
1 Origin Way
Europarc
Grimsby
DN37 9TZ
Home Office
Alcohol Licensing Team
Home Office
Lunar House
40 Wellesley Road
Croydon
CR9 2BY / Service Manager
Child Protection and Planning
Acorn Business Park
Unit 6, Moss Road
Grimsby
North East Lincolnshire
DN32 0LT
Pollution Control Officer
North East Lincolnshire Council
Municipal Offices
Town Hall Square
Grimsby
DN31 1HU / Public Health Commissioning Team
Drug and Alcohol Action Team
Municipal Offices
Town Hall Square
Grimsby
DN31 1HU
(NB Applicants should check to confirm the relevant enforcing authority for the Health and Safety at Work etc., Act 1974 before sending their form)
(NB If the application relates to a Vessel, applicants should contact the Licensing Section to discuss relevant responsible authority details).
Applications can now be made online. Please visit North East Lincolnshire Council’s Licensing web page at the following address to make your application:
http://www.nelincs.gov.uk/licensing
Fees
Due to changes made to the Licensing Act 2003 by the Police Reform and Social Responsibility Act 2011, from 25th April 2012licensing authoritieswill nowsuspend licences due to non-payment of annual maintenance fees. Licence holders will be given a 21 day 'grace period' from the date that their licence becomes due to pay the fee. If the fee remains unpaid after this period, the licence will be suspended and all licensable activity will become unauthorised.
Fees have been set by Central Government. For premises licences these are based on the non-domestic rateable value of premises.
Tables specifying the relevant fees are attached to this Guidance Note.
Rateable Value
/Band
/Initial Application Fee
/Annual Maintenance Fee
No rateable value to £4,300
/A
/£100
/£70
£4,300 to £33,000
/B
/£190
/£180
£33,001 to £87,000
/C
/£315
/£295
£87,001 to £125,000
/D
/£450
/£320
£125,001 and above
/E
/£635
/£350
A multiplier is applied to premises in bands D and E, where they are exclusively or primarily in the business of supplying alcohol for consumption on the premises.
Application Fee
/£900
/£1,905
Renewal Fee
/£640
/£1,050
Large Venues
If the capacity of the premises may exceed 5,000 people, an additional fee is payable. Contact the Licensing Section for further details.
Exemptions
Applications for Premises Licences/Club Premises Certificates, which relate to the provision of regulated entertainment only do not have to pay an application fee or an annual maintenance fee as long as: