Premises Licensing

  

Premises Licensing 

Why do I need a licence?

 A premises licence is required under the Licensing Act 2003 for:

  • sale by retail of alcohol;

  • late night refreshment (hot food between the hours of 23:00 and 05:00);

  • live and recorded music, the performance of dance, and entertainment of a similar nature;

  • hypnotism (exhibition, demonstration or performance of);

  • showing of films;performance of plays;

  • boxing or wrestling (indoors and outdoors);

  • indoor sporting activities; and

  • provision of facilities for making music, dancing, and entertainment of a similar nature


Please note: licences that were originally issued prior to 24 November 2005 qualified for embedded conditions (EAL5). These embedded conditions remain in place unless they have been removed by variation.


How do I obtain a licence?

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; or

  • any other permitted person


Applicants must not be under 18 years of age.


Individual applicants and applications from partnerships (which are not limited liability partnerships) must demonstrate that they have an entitlement to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity. Applicants may do this by:


Any premises licence issued in respect of an application made on or after 6 April 2017 will become invalid if the holder ceases to be entitled to work in the UK.


You can make the below applications online via the.GOV.UK website. This website also gives advice and guidance to help you with your application.


You can apply for a licence or change by post (click on the appropriate links to download the required documents):


Note: if a licence is being transferred to a new individual, partnership or company a Consent of Existing Licensee to Transfer (EAL15) will also need to be submitted by the existing licence holder. If transfer of ownership will also mean a change to the person deemed responsible for the sale of alcohol under a licence (Designated Premises Supervisor - DPS) then a Vary DPS application (EAL17) will also need to be submitted along with a Consent of an Individual to being specified as a Premises Supervisor (EAL18), which must be signed by the individual who is to be named as the DPS.


The application fee must be paid at the time of your application.


Fees

An application fee, based on the premises rateable value, is payable at the time of application. There is also an annual fee to be paid on the anniversary of the licence being issued.

A list of current licence fees can be found here – Fees (EAL100). 

The application fee should be paid at the time of your application – click here for your payment options.

 

Application process

Applications must be made on the prescribed forms and be accompanied by all relevant documents to include an operating schedule, a plan of the premises and if the sale of alcohol will be a licensable activity we will also need a form of consent from the premises supervisor.


An operating schedule will include details of:

  • the licensable activities;

  • the times when the activities will take place;

  • any other times when the premises will be open to the public;

  • in the case of applicants who wish to have a limited licence, the period the licence is required for;

  • information in respect of the premises supervisor;

  • whether any alcohol that is to be sold is for consumption on or off the premises or both;

  • the steps proposed to be taken to promote the licensing objectives; and

  • any other required information


You are required to advertise the application within ten working days of the full application being correctly made to us. If the application is made by post you should also send a copy of the application to any other person or responsible body (EAL29), as given in our application guidance. Please ensure the correct postage is applied when posting consultation copies of your licence application as responsible bodies will not pay the extra postage. Your application will be rejected until they receive their copy and it may mean you will need to re-advertise and incur unnecessary additional costs and delays.


Prior to the submission of an application, it is strongly advised that you have corresponded with officers of the Responsible Authorities (RAs) regarding your operating schedule. This will ensure that your application has addressed any concerns that may be raised by them at the time of submission. This will reduce the likelihood of an application hearing.

Contact details for your Local Authority may be found in our list of Local Authority (RA) Contact Details (EAL30).
Contact details for the Police and other RAs may be found in our list of Licensing Act 2003 Consultees (EAL31).

Valid representations are made in respect of the application based on any of the four licensing objectives: 

  • prevention of crime and disorder;

  • public safety;

  • prevention of public nuisance; and

  • protection of children


If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be refused.

After the hearing we will serve a notice of the decision on you and any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious) and the Chief of Police.

Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.

Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.


Will tacit consent apply if I do not hear anything in 28 days?

Yes, as long as your application was complete, correctly served and we are not waiting for you to send us further information. This means that you will be able to act as the license application has been granted as long as there have been no valid objections received within the 28 day statutory period. Where a valid objection made, you will receive a letter notifying you and inviting you to attend a committee hearing (with at least 10 days’ notice). Where there is a valid objection the statutory period is extended by a further 28 days to a total of 56 days.

     

Licensed Activity and Licence Holder Complaints

Should you wish to complain about a licensed activity or licence holder within the area of Daventry District Council, click on this link for contact details.


Service Complaints, Appeals, Failed Application Redress, Other Redress and Local Government Ombudsman

If you think we have done something wrong or are aggrieved by a decision made by Daventry District Council, please click on this link to see the options available to you.