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Premises Licences

A premises licence allows one or more of the following licensable activities to take place on a set of premises:

  1. The sale or supply of alcohol by retail.

  2. The provision of regulated entertainment.

  3. The provision of late night refreshment.

  4. The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

About these terms:

  1. Applies to premises that sell or supply alcohol.

  2. Applies to all premises that hold Regulated Entertainment, which is live or recorded music, plays, films the performance of dance, providing the facilities to dance or make music or any similar activities.

  3. Applies to premises providing hot food or hot drink for consumption on or off the premises between 23.00 and 05.00 hours, for example takeaway food premises and mobile burger vans (subject to certain exemptions).

  4. Applies to clubs previously regarded as Registered Clubs, ie those who supply alcohol to members, for example British Legion and private golf clubs.

Eligibility

Any of the following may apply for a premises licence:

  • anyone who uses carries on a business in the premises to which the application relates
  • a recognised club
  • a charity
  • a health service body
  • a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
  • a chief police officer of a force in England and Wales
  • anyone discharging a statutory or function under Her Majesty's prerogative
  • a person from an educational institute
  • any other permitted person

Applicants must not be under 18 years of age.

How will my application be evaluated 

When the Council received the application on line it will in turn notify all of the responsible authorities. Applicants applying in writing are responsible for notifying the responsible authorities themselves. The authority may also check that the advertisement requirement has been complied with and will receive any relevant objections to the grant of the licence. If none are received during the objection period the licence will be granted.

Register of premises licence applications

View all liquor licensing applications online via the our public licence register.  

Will Tacit authority apply 

Yes.

Apply online 

Application form 

What happens next 

Applications should be made to the local licensing authority where the premises are situated.  The applications must be in the prescribed format. The form outlines the activities applied for, times of operation, and the way in which the four licensing objectives will be achieved. A copy of plans of the premises will also be required. The consent of the designated premises supervisor for the premises is also required.

The applicant must serve the application form, plans and fees on the licensing authority and then serve a copy of the form and plans on each of the responsible authorities. They must also advertise the application in the prescribed format at the premises and in a local newspaper.

The licensing authority will consider any valid objections received during the 28 day period and if required arrange a hearing before the alcohol and entertainments sub committee.

What if my application is refused 

An appeal against the refusal can be made to the local Magistrates Court within 21 days of the decision being made by the sub committee.

Consumer complaints 

We would always advise that in the event of a complaint the first point of contact should be made with the service provider (the Council). If this has not worked and you are located in the UK then contact Consumer Direct or if outside the UK contact the UK European Consumer Centre.

Responsible authorities and any person may make a request to review the certificate.

Responsible authorities are set out in regulations.

Appeals against the decision of a review can be made to the local Magistrates Court within 21 days.

FAQs

How do I apply for a premises licence?

You must complete the form which is available from this website. You must send a copy of the form to each of the responsible authorities, together with plans of the premises drawn to a scale of 1:100, unless agreed differently with Senior Licensing Officer. The list of the responsible authorities and addresses is available on this website. You must then advertise your application in a newspaper that circulates in the area, and place the same notice outside the proposed premises for a period of at least 28 days. You can find a copy of what the notice should include from this website.

The responsible authorities together with interested parties then have 28 days to object to the application. If no objections are received the licence will then be granted. If objections are received a hearing will be convened at the Council.

What are the four objectives of the Licensing Act 2003?

The Licensing Act 2003 sets out four objectives that are to be promoted for all licensing activities:

  • Prevention of crime and disorder.

  • Public safety.

  • Prevention of public nuisance.

  • Protection of children from harm.

All applications for a premises licence will be expected to demonstrate how they are going to promote these objectives.

Pool of potential conditions

The Council have produced a pool of potential conditions that the applicant may wish to use when making their application. It is designed to assist in application process but is not a list of conditions that will be attached to the licence.

What does a variation to my licence mean?

A variation is a major change to the premises such as extension to hours or major alterations, or changes such as the provision of entertainment when it had not been previously held.

When is it appropriate to apply for a variation of your premises licence?

The section 34 of the licensing act states that “the holder of a premises licence may apply to the relevant licensing authority for variation of the licence”. If interpreted literally this would mean that any variation, however minor in nature, would require such an application, however, at Rushcliffe we are trying to take a more pragmatic approach to such matters.

We feel that any proposed alteration / variation of a premises licence should be treated on its individual merits and that it is advisable to discuss the detail of any proposed alteration / variation with a licensing officer, prior to committing to any work or expense, to reach agreement over the most appropriate course of action. This may result in either the need for a variation application, a new premises application, or no application at all.

We do not feel that it is appropriate to give examples of when a licence holder will or will not be required to make a variation application, as the most important factor is whether or not the proposal is likely to undermine any of the four licensing objectives.  We accept that there may be obvious cases when you wouldn’t need to submit an application and equally obvious occasions when you would.  These cases do not tend to pose any problems as it is easy to come to agreement over them, however, less obvious cases do arise and so we feel that discussion at an early stage is the most sensible approach.

As part of any discussions it may be appropriate to discuss your proposal with one or more of the ‘responsible authorities’ e.g. Police or Environmental Health, to seek their opinion over whether or not they are likely to make comments. You should also be aware that the licensing authority must take account of the rights of ‘interested parties’ i.e. people / businesses who live / work in the vicinity of the premises, as they may need to be given the opportunity to comment on proposals.  This can be potentially restrictive on the amount of discretion exercised by the licensing authority when weighing up the need, or not, to submit an application.

How do I vary my premises licence?

You will have to submit a form to apply to vary it in the same way as you apply for a premises licence, including notifying the responsible authorities and advertising the application.

Will I automatically be granted my licence when I apply for a variation?

No. The relevant authorities will each have to comment on the application, and are expected to negotiate with the applicant over any conditions that are required on the licence. If there are no objections or conditions are agreed then the licence will be granted.

What is an Operating Schedule?

The Operating Schedule will detail what activities are going to take place at your premises, e.g. regulated entertainment, sale of alcohol, etc, and what times they are going to take place, the name of the designated premises supervisor (DPS), and the steps you intend to take to promote the four licensing objectives (see above).

What is the Designated Premises Supervisor (DPS)?

The DPS is the person who is in day to day charge of the premises. Only one DPS is allowed per premise, and a DPS must hold a personal licence. The DPS will be the first point of contact for the Police or Local Authority Officer when visiting the premises. The DPS does not have to be on the premises at all times but he must be easily contactable in the case of an incident occurring at the premises. The name of the DPS will appear on the licence which will be displayed at the premises at all times. A DPS is only required for premises which sell or supply alcohol by retail.

What if we do not agree to the conditions or the relevant authorities object to the variation completely?

In this case the Council will convene a hearing before members of the licensing committee to determine the licence application.

If the Council refuse my application, can I appeal?

Yes, to the Magistrates Court.

What happens if the conditions of my licence are breached?

On conviction at the Magistrates Court you could be subject to a fine or imprisonment.

What is a Late Night Refreshment licence?

A Late Night Refreshment Licence is issued to premises, other than those who sell alcohol, which serve hot food or hot drink between the hours of 11pm and 5am.

What sort of premises will need such a licence and how do I apply?

Premises such as takeaways, late night cafes, and fish and chip shops are the type of premises that will need a licence if they are open after 11pm at night. You can apply for a licence in the same way as you apply for other premises licence.

I run a garage where the public can heat up food and drinks they buy late at night - do I need a licence?

The act exempts premises where the public operate the machines. However this exemption does not apply to hot food and drink. Premises who supply hot food for a charge by vending machine will have to be licensed when the food has been heated for the purpose of supply, even though staff my not be involved in the transaction.

What sort of premises will need such a licence?

Premises such as takeaways, late night cafes, and fish and chip shops are the type of premises that will need a licence if they are open after 11pm at night.

What kind of entertainment should I include in my operating schedule?

Any form of regulated entertainment which is provided for members of the public needs to be specified in the operating schedule. Regulated entertainment includes:

  • Live music,

  • Recorded music,

  • Dancing,

  • Plays,

  • Films,

  • Indoor sporting events,

  • Boxing or wrestling, and

  • Any other form of similar entertainment.

To sell alcohol, provide regulated entertainment or to provide late night refreshment you require a licence from the local authority. Fees are dependant on the non domestic rateable value of the property.

Village and community halls

Most village and community halls hold a premises licence to allow regulated entertainment and some have a licence to sell alcohol.

If the premises only have a licence for Regulated Entertainment you can still sell alcohol at events provided you apply for a temporary events notice to cover this activity. You can hold up to 12 of these events per year.

At the present time, the Government is considering amending to the Licensing Act 2003 in respect of village and community halls to allow more flexible sales of alcohol. A consultation document has been issued and we will update this site when a decision has been made by the Government.

Registered clubs

To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate.

In a qualifying club there is technically no sale by retail of alcohol (except to guests) as the member owns part of the alcohol stock and the money passing across the bar is merely a mechanism to preserve equity between members where one may consume more than another. In order to constitute a qualifying club you must also satisfy the various requirements set out in the Licensing Act 2003. Fees are dependant on the non domestic rateable value of the property.

Eligibility

Clubs must be qualifying clubs. A qualifying club has general conditions it must satisfy. These are:

  • a person may not be given memberships or as a candidate for membership to any membership privileges without an interval of at least two days from their membership application or nomination and their membership being granted
  • that club rules state that those becoming member without nomination or application cannot have membership privileges for at least two days between them becoming members and being admitted to the club
  • that the club is established and conducted in good faith
  • that the club has at least 25 members
  • that alcohol is only supplied to members on the premises on behalf or by the club

Additional conditions in relation to the supply of alcohol must be complied with. These conditions are:

  • that alcohol purchased for and supplied by the club is done by members of club who are over 18 years of age and are elected to do so by the members
  • that no person at the expense of the club receives any commission, percentage or other similar payment in regard to the purchase of alcohol by the club
  • that there are no arrangements for anyone to receive a financial benefit from supplying alcohol, apart from any benefit to the club or to any person indirectly from the supply giving a gain from running the club

Registered industrial and provident societies and friendly societies will qualify if the alcohol is purchased for and supplied by the club is done under the control of the members or a committee of members.

Relevant miners' welfare institutes can also be considered but proprietary clubs are not.

How will my application be evaluated?

When the Council received the application on line it will in turn notify all of the responsible authorities. Applicants applying in writing are responsible for notifying the responsible authorities themselves. The authority may also check that the advertisement requirement has been complied with and will receive any relevant objections to the grant of the licence. If none are received during the objection period the licence will be granted.

Will Tacit authority apply?

Yes.

Apply online 

You can apply online for a club premises licence.‎  

Application forms

What happens next?

Applications should be made to the local licensing authority where the club is situated.  The applications must be in the prescribed format and include a copy of the club rules. The form outlines the activities applied for, times of operation, and the way in which the four licensing objectives will be achieved. A copy of plans of the premises will also be required.

The applicant must serve the application form, plans and fees on the licensing authority and then serve a copy of the form and plans on each of the responsible authorities. They must also advertise the application ion the prescribed format at the premises and in a local newspaper.

The licensing authority will consider any valid objections received during the 28 day period and if required arrange a hearing before the alcohol and entertainments sub committee.

What if my application is refused?

An appeal against the refusal can be made to the local Magistrates Court within 21 days of the decision being made by the sub committee. Consumer complaints 

We would always advise that in the event of a complaint the first point of contact should be made with the service provider (the Council). If this has not worked and you are located in the UK then contact Consumer Direct or if outside the UK contact the UK European Consumer Centre.

Responsible authorities and Interested parties may make a request to review the certificate. An interested party is:
An interested party is:
• a person living in the vicinity of the premises or a body representing such a person
• a person involved in a business in the vicinity of the premises or a body representing such a person
Responsible authorities are set out in regulations.
Appeals against the decision of a review can be made to the local Magistrates Court within 21 days.

FAQs

Will we have to have a Designated Premises Supervisor (DPS)?

No. The Licensing Act 2003 gives an exemption to clubs DPS, as they are run by the Committee on behalf of the members.

Will the staff need a personal licence?

No. The Act exempts clubs from having to have a personal licence holder on the premises.

Can the club apply for Temporary Events Notices?

Yes. An individual on behalf of the Club can apply for up to 12 occasions a year, with a maximum duration of each event limited to 96 hours, and no more than 15 days in total each year.

I am the steward of a sporting club - can visiting teams not members of the club have a drink in the club?

Yes, but you may need to alter your clubs constitution, making visiting players associate members.

Will I still be able to sell or supply alcohol to under 18's in the club?

No. Under the Licensing Act 2003 a club will commit an offence if alcohol is supplied by it, or on its behalf, to a member of the club who is under 18, or to the order of a member of a club, to a person who is under 18. Also, a person (for example, a member of or employee at the club) will commit an offence if he supplies alcohol to a member of a club who is under 18, or to the order of a member of a club, to a person who is under 18.

How long does a Club Premises Certificate last?

A Club Premises Certificate has no time limit and will continue to have effect unless it is withdrawn by the licensing authority following an application for a review of the certificate, if the club ceases to be a qualifying club or it lapses on surrender by the club.

Proprietary Clubs.

A Propriety Club is a club where the membership fees and profits from the operation go to the owner, and not the members of the club. For the purposes of the Licensing Act 2003 Propriety Clubs are not consider a ‘Club’ and will have to apply for a Premises Licence


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