Premises licence

A premises licence authorises the use of any premises, which includes a vehicle, vessel or moveable structure or any place or a part of any premises, for licensable activities which are:

• 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 described as:

• the performance of a play
• an exhibition of a film
• an indoor sporting event
• boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• or entertainment of a similar description to live music, recorded music or dance

Late Night Refreshment is described as:

• for the purposes of the Act, the provision of late night refreshment means 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 have access

Who can apply for a premises licence?

Anyone who proposes to carry on a business involving licensable activities on the premises. This covers any individual (aged at least 18) or business. Recognised clubs, charities, a proprietor of educational establishments, health service bodies and a chief officer of police may also apply for a premises licence.

How do I apply for a premises licence?

An application for a premises licence has to be made to the relevant licensing authority, that is, the authority within whose area the premises is situated. To make an application you must submit:

• completed application form
• an operating schedule
• a plan of the premises in the prescribed form
• if the application requests authorisation to supply alcohol, a form containing the consent of the proposed designated premises supervisor in the prescribed form
• the fee

The applicant must ensure that copies of the application are submitted to the responsible authorities.

• The Police
• Devon Fire and Rescue
• Health and Safety Executive
• Environmental Regulation Service
• Child Protection
• Planning Department
• Trading Standards
• Maritime and Coastguard Agency (in respect of vessels)

Apart from a conversion all applications for a premises licence or variation must be advertised to bring the matter to the attention of interested parties. (See document on advertising).

What is an operating schedule?

It is a document which the applicant should submit and include information which is necessary to enable any responsible authority or interested party to assess whether the steps to be taken to promote licensing objectives are satisfactory. It should include the following:

• the relevant licensable activities to be conducted on the premises
• the times during which it is proposed that the relevant licensable activities are to take place (including the times during each day of the week, during particular holiday periods and during particular seasons, if it is likely that the times would be different during different parts of the year)
• any other times when the premises are to be open to the public
• where the licence is required only for a limited period, that period
• where the licensable activities include the supply of alcohol, the name and address of the individual to be specified as the designated premises supervisor
• where the licensable activities include the supply of alcohol, whether the alcohol will be supplied for consumption on or off the premises or both
• the steps which the applicant proposes to take to promote the licensing objectives

The operating schedule should address the licensing objectives having regard to the nature of the area where the premises are situated, the type of premises concerned, the proposed licensable activities, operating procedures and more importantly the needs of the local community.

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 the limitations on them.

To what scale does a premises licence plan have to be drawn?

A plan of the premises licence will have to be submitted with every application for a premises licence. Unless previously agreed with the relevant licensing authority in writing that an alternative scale plan is acceptable to it, the plan should be drawn in standard scale, where I millimetre represents 100 millimetres.

What is a Designated Premises Supervisor (DPS)?

See the designated premises supervisor page.

What is the process for making variations to a premises licence?

A premises licence holder may apply to the licensing authority to vary the licence.

Variations could include the opening times of the premises, or even changes to the physical shape of the premises covered by the licence. More probably, it will relate to the licensable activities of the licence or conditions attached to the licence.

When representations are made to the licensing authority from interested parties such as local residents or responsible authorities such as the police a hearing must be held to consider them (unless all parties agree that it is unnecessary) and, having regard to the representations, take such steps as it considers necessary for the promotion of the licensing objectives, such as modifying the conditions the conditions of the licence or rejecting whole or part of the application. A fee will be charged for any application to vary a premises licence.

Can I apply for a premises licence during transition if the person I have named as the DPS has not yet obtained their personal licence under the new regime?

Yes. You do not have to hold a personal licence when you are named as the DPS during transition. However, if the person named as the DPS does not have a personal licence by the second appointed day you will be in breach of the conditions of the premises licence and you will not be able to sell alcohol.

Will alcohol wholesalers require a licence to trade?

Yes in some cases. For the first time, wholesalers will require a premises licence to sell alcohol in wholesale quantities to members of the public. No sales of any kind may be made to children. Sales made to other traders for the purposes of their trade will not be a licensable activity. Similarly, sales made to holders of premises licences, club premises certificates or personal licences will not be a licensable activity if the sale is for the purposes authorised by the premises licence or for the purposes of the qualifying club. Also exempt will be when alcohol is sold wholesale to premises users operating under a temporary event notice.

What is ‘wholesale’ quantity?

The Act does not provide a definition of ‘wholesale’ quantity, which is to be contrasted with the provisions in the Licensing Act 1964, were the definition of ‘sale by retail’ impliedly provides a definition. This is because the Act does not make special provision for the wholesale of alcohol to the public – all sales by retail are caught.

Will I need a licence if I sell alcohol wholesale to friends from my own house?

All sales of alcohol to members of the public, even in wholesale quantities, from any premises will require an authorisation. Any premises from which alcohol is supplied or sold will require either a premises licence, a club premises certificate or temporary event notice. There will need to be a designated premises supervisor for the premises if the authorisation is in the form of a premises licence.

Will I need door staff if I extend my current licensing hours?

Not necessarily. You may take the view that this is needed in order to promote one or more of the licensing objectives and include it in your operating schedule. However, if you decide not to do so and relevant representations are made to the effect that door staff should be on the premises, such a condition will only be imposed, following a hearing before the licensing authority, if it is necessary for the promotion of the licensing objectives. Each case will differ, and it will be up to the licensing authority to decide on the conditions such as the times that door staff must be in place following the consideration of relevant representations.

The Act requires that when the presence of door staff is made a condition on any premises licence, they must be licensed by the Security Industry Authority (SIA).

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