Licensing - Premises Licences

Information and advice on how to apply for a licence to provide late-night refreshment and regulated entertainment and to sell alcohol.

Applicants should be aware that there have been recent changes to the legislation relating to live music. A summary of these changes can be found here (37KB Portable Document Format - 02 November 2012 - PDF Help)

Licence summary

To provide late-night refreshment and regulated entertainment and to sell alcohol, you will require a licence from the local authority if you are in England and Wales unless the licensable activity is conducted under a Temporary Event Notice. See How to apply.

Regulated Entertainment

Entertainment includes performance of plays, exhibition of films, indoor sporting events, boxing/ wrestling, live music, recorded music, performance of dance, and entertainment like music or dance.

There are a number of exemptions, detailed in the legislation together with the definition of regulated entertainment.

Late night refreshment

A premises licence is needed to authorise supply of hot food or hot drink for consumption on or off premises between 11pm and 5am the following morning.

There are a number of exemptions, detailed in the legislation together with the definition of regulated entertainment.

Sale of Alcohol

Authorisation under the Licensing Act 2003 is needed for any sale of alcohol. This will usually be by way of a Premises Licence.

For occasional events, please see our Temporary Event Notice page.

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Eligibility criteria

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
the chief police officer of a force in England and Wales
anyone discharging a statutory or function under Her Majesty's prerogative
the proprietor of an educational institute

Applicants must declare that they are 18 years of age or over.

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Regulation summary

A summary of the eligibility criteria for this licence
Statement of Licensing Policy

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Application evaluation process

An application fee is applicable. List of current fees: Premises Licence Fees (81KB Portable Document Format - 23 January 2012 - PDF Help)

Applications must be sent to the licensing authority for the area where the premises are located.

Applications must be in a specific format and be accompanied by an operating schedule, a plan of the premises and any required fee. For applications where the sale of alcohol is requested, a form of consent from the premises supervisor must also be sent.

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
the steps proposed to be taken to promote the licensing objectives. You may fnd this document useful gn6_revised_09_10.pdf (85KB Portable Document Format - 15 June 2012 - PDF Help)
any other required information

If alcohol is requested the following is also required:

information in respect of the premises supervisor A consent form EDP300 should be provided as part of your application.
whether any alcohol that is to be sold is for consumption for on or of the premises or both

Applicants are required to advertise their application at the premises and in a local newspaper that circulates in the area in which the premises are situated. If the application is not made through the online process, applicants must also give a copy of the application form and plan to the relevant responsible authorities. Responsible Authority Contacts for the Licensing Act 2003.pdf (60KB Portable Document Format - 01 November 2012 - PDF Help)

The licensing authority must grant the application if no relevant representations are received. If however, they are made and not withdrawn a hearing must be held before members of the licensing committee, unless all parties required by the Act agree that such a hearing is unnecessary.

Following a hearing the licensing authority will serve a notice of its decision on the applicant, and any person who has made relevant representations.

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Will tacit consent apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period, which is subject to the submission of all information required. The timescale is 30 days after receipt of a valid application.

If you are submitting this application by post tacit consent will only apply when the business can show proof of delivery from the Post Office or recognised courier.

Timescales for processing an application do not start until all the necessary information has been received in full.

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How to apply

Premises Licence Apply online

If you wish to download and complete forms you will require

Premises Licence Application EDP422

Consent for the Premises Supervisor EDP300

Forms can be downloaded from our Application Forms page

Guidance Notes for New Premises Licence

You may also apply online for the following

Vary the Designated Premises Supervisor

Transfer a Premises Licence

Notification of Interest under section 178

or the forms can be downloaded from the Application Forms page

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Failed application redress

Please contact your Local Authority in the first instance

The Licensing Manager, East Devon District Council, Knowle, Sidmouth, EX10 8HL Telephone: 01395 517410/517411

If an application for a licence is refused the failed applicant can appeal.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

North and East Devon Magistrates Court, Southernhay Gardens, Exeter, EX1 1UH Telephone: 01392 415300

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Applicant redress

Please contact your Local Authority in the first instance.

The Licensing Manager, East Devon District Council, Knowle, Sidmouth, EX10 8HL. Telephone: 01395 517410/517411

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Appeals

An applicant, or a person who made a relevant representation may appeal to a Magistrates' court within 21 days of notice of the decision.

North and East Devon Magistrates Court, Southernhay Gardens, Exeter, EX1 1UH, Exeter, EX1 1UH .Telephone: 01392 415300

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Consumer complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre

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Other redress

The chief police officer for the police area where the premises are located can apply to the licensing authority for a summary review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. The licensing authority must within 48 hours of receipt of the application consider whether it is necessary to take interim steps pending the determination of a review of the premises licence. A review hearing will be held with 28 days of receipt of the application and the licence holder and other interested parties may make representations.

A decision made by the licensing authority at a summary review of a premises licence does not have effect until the end of the period given for appealing against the decision or if the decision is appealed against, the time the appeal is disposed of.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

North and East Devon Magistrates Court, Southernhay Gardens, Exeter, EX1 1UH, Exeter, EX1 1UH - Telephone: 01392 415300

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Trade Associations

Association of Licensed Multiple Retailers (ALMR)

Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)

Federation of Licensed Victuallers Associations (FLVA)

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Public Register

The Public Registers can be viewed from the link on this page

List of applications received for Premises Licences.

Page last updated on 10 April 2013