Premises Licences

Do I need a Premises Licence?

If you intend carrying out one or more of the following activities you will need a licence to do so:

• The sale of alcohol to members of the public or supply by a club to its members
• Providing live or recorded music including singing, the playing of musical instruments, concerts, djs, karaoke and similar forms of entertainment
• Providing dancing or performers who dance
• Providing facilities for music or dancing
• Providing any hot food or hot drinks at any time between 11:00pm and 5:00am (known as late night refreshment)
• Boxing or wrestling matches in the presence of an audience
• Indoor sporting activities in the presence of an audience (including for example snooker or darts competitions)

You may apply for a premises licence to carry out one or more of these activities all year round, or if you are planning a one-off event, you can apply for a Temporary Event Notice, which is quicker to obtain and is generally cheaper than a full application.

Normally a premises licence application will include more than one licensable activity, and we suggest that you apply for all of the activities which you expect to carry out.

What do you need to put in your application?

The application requires quite a lot of information from you, including an operating schedule detailing how the premises will be operated. We can assist you to prepare all of the information which needs to go in the premises licence application

Your application needs to be accompanied by

• A consent form of the person who is to be in overall responsibility (The Designated Premises Supervisor)
• A plan of the premises in the correct scale and showing all of the necessary information
• The fee

How much will the Application Cost?

The application fee which you pay to the Licensing Authority is based upon the non domestic rateable value of the premises. All premises are banded and the fee payable now will either be £100, £190, £315, £450, or £635 depending on the rateable value. We have access to the national database of rateable values and can provide this figure for your premises.

In some cases an additional payment will be required where the sale of alcohol is the primary activity at the premises.

Our fee will depend on the type of application which you are making and whether you receive any representations. We are happy to tailor a quote to your individual circumstances.

Where do I send my Application?

You must deliver your application to the Licensing Authority office which deals with licensing for your premises. In addition, you must serve a copy on up to 7 additional authorities on the same day that the application is made, and you must advertise on site and in the newspaper. A mistake during service or advertising of the application makes it invalid, so it is very important to get these steps correct.

We have a national data base of authorities and can give specialist advice based on the location of your premises. We take care of the service and advertising on your behalf.

How Long Does an Application Take?

All premises licence applications must be advertised for a period of 28 days to allow for consultation. If no representations (objections) are received, the licence is granted at the end of the consultation period. If representations are received and cannot be settled, the application goes to a public hearing, at a time set by the Council Licensing Authority. This could extend the time for dealing with the application by a further 28 days.

Personal Licences

How Do I Apply?

An application is made to the Licensing Authority closest to where you live. You must be over 18 years, not have forfeited a personal licence within the past 5 years, and you must hold an approved qualification.

An application must include the following additional documentation:

• Disclosure of convictions form
• Two passport photographs, one of which has been certified as a true likeness
• The application fee of £37
• A Criminal Records Bureau check that is no more than one month old.

What is An Approved Qualification?

Applicants for a personal licence must have an approved qualification. We provide training courses for the BIIAB course, National Certificate for Personal Licence Holders which is one of the accredited courses.

To reserve you space in the next available course (they run several times per month) please contact a member of our training support team on 0114 2663400, fill out the on line enquiry form, or email tim.shield@john-gaunt.co.uk

The Course which dealt with licensing for holders of a Justice licence is unfortunately no longer an approved course and the holders of that qualification will have to obtain the new qualification.

Can I Apply if I have Criminal Convictions?

You may apply for a personal licence if you have criminal convictions. You must declare these convictions when you make your application.

If they are spent convictions (meaning they are no longer taken into account) then they will not be considered with your application. If they are not spent (or current) then they may not be relevant as only some convictions are relevant.

If your convictions are relevant then your application is referred to the local Police, and they decide whether to object to the application or not. If the police object, you can elect to have a hearing and the Licensing Committee of the Council will decide whether to grant or refuse your application.

We can provide personal advice on all aspects of your personal licence application.

Underage sales

I or a member of staff have sold alcohol to someone under 18 and the Police or Trading Standards are aware of it. What do I do?

The person who has made the sale will normally receive an instant fine of £80. If you have made a sale and received a fine and you think you may have a defence (for example you were shown a fake but convincing ID, or you took all reasonable steps to establish the age of the purchaser) then you should seek legal advice immediately.

If one of your staff members has made the sale and you have either been fined, cautioned or requested to attend a formal interview then you should seek legal advice on your position. If you are the Designated Premises Supervisor, the licence holder, or a personal licence holder who authorised the sale, and you didn’t make the sale personally, you may have a defence to any charge if you can show ‘due diligence’.This may include adequate staff training, supervision or other steps to avoid a sale. If you are in a situation where you have received a fine, or a request to attend a formal interview you should always seek legal advice before paying the fine or attending an interview.

Children in Licensed Premises

Can I let Children in to my licensed premises?

The restrictions which used to apply to children have now been relaxed. Children can normally enter a licensed premises if it is a suitable environment for children to be in, and they are accompanied by an adult. It is different for every premises, and you should check your premises licence before you allow children in.

The premises licence is now the document which will limit or prohibit the access of children, so you should look at your licence for any conditions or restrictions. If you have converted a Justices On Licence, or a Children’s Certificate then you may have carried over the former restrictions, and these will be printed on your premises licence.

Children should not be in licensed premises after midnight, except in limited circumstances.

Even if your premises licence does not prohibit or restrict children, you must make sure that your premises is an environment which is suitable for them (for example where there is striptease or adult entertainment or it would normal not be suitable to permit children) you may be liable to prosecution or a review of your licence.