WOKINGHAM BOROUGH COUNCIL
LICENSING ACT 2003
APPLICATION FOR NEW PREMISES LICENCE
GUIDANCE NOTES FOR APPLICANTS
The following is a summary of what you need to do to apply for a new premises licence. Please note the figures in brackets refer to the relevant sections of the Licensing Act 2003. However, this is not exhaustive and in making your application, you need to have regard to the Wokingham Borough Council Licensing Policy, the Act, Guidance issued under Section 182 of the Act and the Regulations and Order made under the Act, the former is on the Wokingham Borough Council website and the latter three can be viewed on the DCMS or HMSO websites.
The way in which your application must be made is prescribed in detail and you need to ensure you meet all the requirements in order for it to be valid and complete.
Once granted, a premises licence will authorise your premises to be used for one or more licensable activities – the sale or supply of alcohol and the provision of regulated entertainment or late night refreshment. Schedules 1 & 2 of the Act set out in detail what constitutes regulated entertainment and late night refreshment.
You may already be in business, but if you do not hold one of the licences which can be converted to a premises licence (justices on/off licence, public entertainment, theatre, cinema, late night refreshment) then you must apply for a new licence as detailed below. In particular, this applies to you if you run a late night takeaway or fast food trailer (operating between the hours of 11pm and 5am). The wholesale of alcohol to the general public is also now licensable (192)
In general, you make your application to the licensing authority for the area in which the premises is situated (12). There are various categories of persons, including a business or partnership, who may apply for a licence (16) but you must be over 18.
Your application is to be made in writing (it may be made electronically but is not complete until all information including the fee is received) and must include the following:
· completed application on the prescribed form, including operating schedule – “Application for a premises licence to be granted under the Licensing Act 2003”
· the fee – this is based on the rateable value of the premises, see fee schedule
· designated premises supervisor consent form (for premises with sale of alcohol) – using form “Consent of individual to being specified as premises supervisor”
· plans of the premises in prescribed format (see details below)
· confirmation that application is being copied to police and other responsible authorities – this must be done within 48 hours of you submitting your application to the Council
Your operating schedule should include a description of the premises and general details of the style and character of the business and activities to be conducted. It must include details of the relevant licensable activities, the times during which these are to take place, any other times during it is proposed that the premises are to be used for the public, where the licence is to have effect for a limited period that period, for the supply of alcohol details of the designated premises supervisor, whether alcohol is proposed to be for consumption on or off the premises or both, the steps you propose to take to promote the four licensing objectives and any other matters as may be prescribed (17). The four objectives are the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm, all four are of equal importance.
Under the Act, fixed closing hours have been abolished. You may apply for any opening hours you wish.
Where the sale of alcohol is to be one of the licensable activities, you must nominate a designed premises supervisor. This person must have day to day responsibility for the premises and must hold a personal licence.
If your application is incomplete in any way, we will return it to you in full for resubmission.
You need to give copies of your application including accompanying documents to each of the responsible authorities on the same day as making your application to the licensing authority. Generally these are the police, fire authority, your enforcing authority for the Health and Safety at Work (this could be the Health and Safety Department of the Council or the Health and Safety Executive), the local planning authority, the local authority responsible for the prevention of environmental pollution or harm to human health (Environmental Health), the body responsible for the prevention of children from harm and the local weights and measures authority (Trading Standards). Occasionally it may also include another authority and the local navigation authority. Details of these responsible authorities and the department you should send the copy of your application to are included on a separate sheet.
You need to advertise your application by putting up a site notice for 28 days and placing at least one notice in a local newspaper within ten working days of making your application. The site notice must be at least A4 size and pale blue in colour. This must give a brief summary of your application and set out the proposed licensable activities and hours of opening. We would expect to see a newspaper advert placed in a local paper according to the area in which the premises is situated. Sample notices are included and full details of the requirements are given below.
We will also advise the local ward members and the town/parish council of your application.
If relevant representations are made within 28 days by either a responsible authority or interested party in the vicinity of the premises about your application, we will arrange a hearing at which a Licensing Sub-Committee will consider and determine your application unless all parties agree that it is not necessary (18). We would notify you and those who made representations of the outcome with reasons for the decision. Relevant representations include those made by an interested party or responsible authority and are about the likely effect of the grant of the premises licence on the promotion of the licensing objectives (18)
Procedures are in place to ensure any hearings are fair and open. All comments made are open to public inspection. Both parties would be able to put their views to the Committee. Each application would be considered on its own merit, taking into consideration the Wokingham Borough Council Licensing Policy, the Act, Guidance and Regulations. After the hearing, all parties would be notified of the decision, with reasons.
You may be contacted by the police or an authorised person if they wish to arrange an inspection of the premises (59)
If your application is refused, you have the right of appeal.
Once granted, a premises licence will last indefinitely unless it is revoked or a specific time was applied for (26). There are certain relevant mandatory conditions which will be applied relating to the supply of alcohol, exhibition of films and door supervision. (19-21). However in general standard conditions will not be applied and conditions will only be imposed if they are required to achieve one or more of the licensing objectives.
If the situation is relevant, you could apply for a provisional statement, for example if the premises have not yet been built (29-32).
Once a premises licence has been granted, you must notify us of any proposed changes such as name and address, loss/theft of the licence, change in opening hours or type of licensable activities offered and make the relevant application, such as to vary, transfer or interim authority, change designated premises supervisor etc (34-46).
You also have a duty to keep the licence or a certified copy of it at the premises and produce this on request to a police officer or authorised person. You must also display the summary licence prominently at the premises (57).
Although the licence lasts indefinitely, an interested party or responsible authority may at any time make an application for its review. This must be advertised and any representations must be relevant to the promotion of the licensing objectives. If necessary a hearing of the Licensing Sub Committee would be held to determine the application.
The Licensing Authority is required to hold a public register of applications and licences granted. Details of the information held in this register are in Schedule 3 of the Act.
There are various offences under the Act, such as carrying on licensable activities without the relevant licence. These are detailed in Part 7 of the Act.
Under certain circumstances, a closure order may be imposed on your premises. Details are in Part 8 of the Act.
There are also various miscellaneous and supplementary issues which are detailed in Part 9 of the Act. These relate to special occasions, exemptions, service areas and garages, freeholders’ rights, rights of entry, appeals, guidance and hearings, general provisions about offences, vehicles vessels and moveable structures and interpretations. There are also special exemptions for small venues providing dancing and amplified or unamplified music which are detailed in section 177.
If applicable, you may register your legal interest in the premises using the form “Notification of an interest in premises under section 178 of the Licensing Act 2003” (regulation 9, Schedule 1)
Definitions and Supplementary Detail
Definition of A Premises
This is defined in the Act as a vehicle, vessel or moveable structure or any place or a part of any premises. Large scale temporary events which exceed the limits for a temporary event notice (TEN) also require a premises licence. If your premises does not fall into any of the standard categories or is unusual in any way, we suggest you seek advice from the Licensing Team before submitting an application so we can confirm if any special issues or requirements apply.
Licensable Activities
These are defined as:
· the sale by retail of alcohol
· the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
· the provision of regulated entertainment
· the provision of late night refreshment
Regulated entertainment is defined in Part 1 of Schedule 1 of the Act as taking place in the presence of an audience and being provided for the purpose of entertaining that audience, including:
· performance of a play
· exhibition of a film
· indoor sporting event
· boxing or wrestling entertainment
· performance of live music
· playing of recorded music
· performance of dance
· entertainment of similar description to the above three
Entertainment facilities means facilities for enabling persons to take part in entertainment as defined above – making music, dancing or similar.
Entertainment at a private event to which the public are not admitted becomes regulated entertainment and therefore licensable if it is provided for consideration and with a view to profit.
The provision of late night refreshment is defined as hot food or drink supplied to the public between the hours of 11.00pm and 5.00 am, whether for consumption on or off the premises. Full details in Schedule 2 of the Act.
Exemptions which are not classed as licensable entertainment include: music incidental to certain other activities, use of television, religious services and places of worship, garden fetes, morris dancing and vehicles in motion. If you are unsure as to whether your proposed activity is licensable or not, you should contact the Licensing Team for further advice.
Fee Schedule
The fees are based on the rateable value of your premises. If you do not have this information, you can check it on the Valuation Agency Office website at www.voa.gov.uk
Rateable Value Band /A
(no rateable value to £4,300) /B
(£4,301 to £33,000) / C(£33,001 to £87,000) /
D
(£87,001 to £125,000) /E
(£125,001 & above)Main Application Fee / £100 / £190 / £315 / £450
(£900*) / £635
(£1905*)
Main Annual Charge / £70 / £180 / £295 / £320
(£640*) / £350
(£1050*)
* Fees applicable to town / city centre pubs (those in Bands D and E) where they are exclusively or primarily in the business of selling alcohol
Band D = multiplier of x 2 applied Band E = multiplier of x 3 applied
Cheques should be made payable to Wokingham Borough Council.
Plans
The plan of the premises accompanying your application shall comply with the following, unless previously agreed otherwise between the licensing authority and applicant. The plan shall be to the standard scale of 1:100 and shall show:
· 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
· the location of points of access to and egress from the premises
· if different from above, the location of escape routes from the premises
· 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
· fixed structures (including furniture) or similar objects 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