What Is a Premises Licence and How Do You Apply?

What is a premises licence?

A premises licence is permission from your local council to carry out "licensable activities" at a particular place, under the Licensing Act 2003. It stays with the premises, not the person, and normally lasts indefinitely.

You need one if your business carries out any of these activities on a permanent basis:

• Selling alcohol by retail, whether for drinking on or off the premises
• Regulated entertainment, such as live or recorded music, films, dance or indoor sport (with some exemptions)
• Late night refreshment: selling hot food or hot drinks to the public between 11pm and 5am

That covers most pubs, bars, restaurants serving alcohol, off-licences, convenience stores and late-night takeaways.

Premises licence, personal licence and the DPS

These three are often confused:

• Premises licence: authorises the building or place for licensable activities.
• Personal licence: authorises an individual to sell or authorise the sale of alcohol. Applicants must be 18 or over and usually hold an accredited qualification such as the Level 2 Award for Personal Licence Holders (APLH).
• Designated Premises Supervisor (DPS): the personal licence holder named on the premises licence as responsible for alcohol sales day to day. Every premises licensed to sell alcohol must have one.

If you plan to sell alcohol, you need the premises licence and at least one personal licence holder to act as DPS.

How to apply

1. Check planning and local policy. Make sure the premises has the right planning use and hours, and read the council's Statement of Licensing Policy. Check whether the premises is in a cumulative impact area, where new licences are harder to get.
2. Prepare the operating schedule. This sets out the activities, the hours, the DPS and the steps you will take to promote the four licensing objectives: preventing crime and disorder, public safety, preventing public nuisance and protecting children from harm.
3. Draw the premises plan. It must show the layout, exits, fire safety equipment, bar and kitchen areas, and any outside space used for licensable activities.
4. Get the DPS consent form signed by the proposed DPS.
5. Submit the application to the council, and send copies to the responsible authorities, such as the police, fire service, environmental health and trading standards, unless you apply online.
6. Advertise the application. Display a pale blue A4 notice at the premises for 28 consecutive days, and publish a notice in a local newspaper within 10 working days of applying.

The consultation period is 28 days from the day after the council receives a valid application.

Representations, hearings and timescales

During the 28-day consultation, responsible authorities and local residents or businesses can make representations.

• No representations: the council must grant the licence, with conditions matching your operating schedule. You can expect the licence about 4 to 6 weeks after applying.
• Representations made: the council must hold a hearing before its licensing sub-committee, usually within 20 working days after the consultation ends. It can grant the licence, add conditions, remove some activities or refuse the application.

Many representations can be resolved before a hearing by agreeing extra conditions with the police or environmental health. A well-drafted operating schedule makes this much more likely.

If you disagree with the decision, you can appeal to the magistrates' court within 21 days.

After the licence is granted

• Keep the licence in good standing by meeting all its requirements on time.
• Display the summary of the licence at the premises and keep the full licence available for inspection.
• Follow the conditions. Breaching them is a criminal offence and can lead to a licence review.
• Apply for a variation before changing hours, activities or the layout. Small changes can use the cheaper minor variation process.
• Change the DPS or transfer the licence if the person in charge or the business owner changes.

How to check a premises licence

Every council keeps a public licensing register. You can search it on the council's website to see who holds a licence, the permitted hours and the conditions. This is worth doing before you buy or lease licensed premises.

Common mistakes to avoid

• Copying a generic operating schedule. Councils and the police expect conditions that fit your premises and area.
• Missing the advertising rules. A wrong notice colour, size or newspaper date can invalidate the application and restart the 28 days.
• An inaccurate plan. Missing exits or fire equipment leads to delays.
• Ignoring planning hours. Licensing hours longer than your planning permission allows can still cause enforcement problems.
• Applying in a cumulative impact area without explaining why your premises will not add to local problems.

Frequently asked questions

What activities require a premises licence?

Selling alcohol, providing regulated entertainment such as live or recorded music, films or dance, and selling hot food or drink between 11pm and 5am.

What venues don't need a premises licence?

Venues that do not sell alcohol, provide regulated entertainment or serve hot food or drink late at night. For a one-off event, a Temporary Event Notice may be used instead.

What is the difference between a premises licence and a personal licence?

A premises licence authorises the place for licensable activities. A personal licence authorises a person to sell or authorise the sale of alcohol at any licensed premises.

Can anyone apply for a premises licence?

Any person aged 18 or over, or a business, who carries on business at the premises can apply. Certain organisations, such as charities and recognised clubs, can also apply.

How long does it take to obtain a premises licence?

About 4 to 6 weeks if there are no representations. If there is a hearing, allow 2 to 3 months.

What are the three mandatory conditions on a premises licence?

Where alcohol is sold, no alcohol may be supplied when there is no designated premises supervisor (DPS) or the DPS does not hold a personal licence, and every sale must be made or authorised by a personal licence holder. Other mandatory conditions also apply, such as offering free tap water and having an age verification policy.

Does a premises licence expire?

No. It lasts until it is surrendered, revoked or lapses.

Need help with a premises licence application?

Anka Group prepares premises licence applications for restaurants, bars, shops and takeaways across England and Wales. We draft the operating schedule, prepare the plan, handle the advertising and negotiate with the police and council to avoid a hearing. We work in English and Turkish.

Contact us for a free initial chat.

Source: Alcohol licensing, GOV.UK.