Premise Licence
The Licensing Act 2003 (the Act) amalgamates six licensing regimes covering the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment. It replaces them with a single system of premises licences, thus reducing much unnecessary 'red tape'.
Businesses now apply for a premises licence to authorise all the licensable activities they wish to carry on. Premises licences will not be time limited (unless requested). The fee charges for the premises licence will be the same no matter what or how many licensable activities will take place on the premises.
Licensable activities include:
- The Provision of Regulated Entertainment
- The Provision of Late Night Refreshment
- The Supply of Alcohol.
How do I apply for a premise licence?
What if representations are made?
How long will it take us to determine your application?
What if an application is refused?
Having a problem with a licensed premises?
Who can apply for 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
- any other permitted person
Applicants must not be under 18 years of age.
How can I apply for a premise licence?
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 any required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).
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 of the premises or both
- the steps proposed to be taken to promote the licensing objectives
- any other required information
The plan for the premises should be included as part of the copy of the licence which you are also required to send to the responsible authorities. The plan must be to a scale of 1:100 and include the following:
- the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
- the location points of access to and egress from the premises;
- the location of escape routes from the premises, if different from above;
- in a case where the premises is used for more than one existing licensable activity the area within the premises used for each activity;
- in a case where the an existing licensable activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol;
- fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exists or escape routes without impediment;
- in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
- in a case where the premises includes any steps, stars, elevators or lifts, the location of the steps, stars, elevators or lifts.
- in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
- the location and type of any fire safety and any other safety equipment; and
- the location of a kitchen, if any, on the premises.
Applicants advertise their application and to give notice of the application to any other responsible authority.
To make an application you will need:
- To complete an application form;
- To enclose a plan of the premises;
- Send copies of the application form and plan to responsible authorities; (further down the page)
- Enclose the consent form completed by the individual you wish to be premise supervisor - (if applicable) (please note a Designated Premises Supervisor must be a Personal Licence Holder);
- Advertise your application;
- Enclose the correct fee.
Advertising your application
In the case of an application for grant or variation of a premise licence or for a provisional statements, the applicant must display a bale blue A4 (or larger) notice, printed legibly in black ink ot typed in black, in a size equal (or larger) to 16 font, prominently on the boundary of the premises to which it relates. the notice must be displayed for 28 consecutive days starting the day after the application is given to the Licensing Section.
In addition to this, you must publish a notice in a local newspaper, that circulates the premises, at least once during the 10 working days after the application is given to the licensing authority.
Responsible authorities
| Des Michael
Licensing Officer Central Area Borehamwood Police Station Elstree Way Borehamwood Hertfordshire WD6 1JP Tel: 0845 3300222 Ext 6648 |
District Fire Safety Manager
Fire Protection Department Mundells MU 121 Welwyn Garden City Hertfordshire AL 7 1FT Tel: 01707 346 150 Fax: 01707 346 151 |
| Local Safeguarding Children's Board
Room 127 County Hall Pegs Lane Hertford Hertfordshire SG13 8DF Tel: 01992 588 757 Fax: 01992 588 201 Email: admin.lscb@hertscc.gov.uk |
Trading Standards Hertfordshire County Council Mundells Welwyn Garden City Hertfordshire AL7 1FT Tel: 01707 292 429
|
| Principal Environmental Health Officer
Environmental Protection Environmental Health Hertsmere Borough Council Civic Offices Elstree Way Borehamwood Hertfordshire WD6 1WA Tel: 020 8207 2277 Fax: 020 8207 7436 |
The Head of Planning
Hertsmere Borough Council Civic Offices Elstree Way Borehamwood Hertfordshire WD6 1WA Tel: 020 8207 2277 Fax: 020 8207 7444 Email: planning@hertsmere.gov.uk
|
| Principal Environmental Health Officer
Health & Safety Environmental Health Hertsmere Borough Council Civic Offices Elstree Way Borehamwood Hertfordshire WD6 1WA Tel: 020 8207 2277 Fax: 020 8207 7436 |
(If your premises is enforced by the
Health & Safety Executive) Health & Safety Executive Woodlands Manton Lane Bedford MK41 7LW 01234 220 550 |
Fees
Please note that the fee for this type of licensing depends on the non-domestic rateable value. To learn how much consult the fee table . The non-domestic rateable value is available by contacting the Valuation Office Authority or by searching for your premises address at www.voa.gov.uk 
The all the above will need to be sent to The Licensing Team, Housing and Environmental Health, Civic Offices, Elstree Way, Borehamwood, Herts. WD6 1WA.
Apply online
The following forms can be submitted online using the Governments Business Link website:
- Application for a premises licence
- Interim authority notice
- Notification of an interest in premises
- Application to transfer premises licence
- Application to vary a premises licence to specify an individual as designated premises supervisor
- Application for need for a Designated Premises Supervisor to be dis-applied
- Application to vary a premises licence
- Make annual payment for a premises licence
- Application for a variation to a club premises certificate
- Notification of change of details or club rules
- Application for a minor variation to a premises or club licence
- Make annual payment for a club licence
What if representations are made?
A hearing must be held if any representations are received from 'interested parties' or 'responsible authorities'. At a hearing, the Licensing Sub-Committee may choose to grant or refuse the application or otherwise grant it subject to conditions. We will of course notify you and advise you of all necessary arrangements should a hearing be necessary. The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious). 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 rejected.
An applicant, interested parties or responsible authority can appeal any decision of the Licensing Sub-Committee. Appeals must be made within 21 days of the notice of decision to Watford Magi
How long will it take us to determine your application?
Your application cannot be determined until the 28-day period allowed for representation(s) has passed. Where no representation(s) are received, we aim to process the application within 14 days of the last date that representations can be made. However as we deal with a large number of licence applications, permits and other authorisations, it can sometimes take us a little longer.
Where necessary, we are statutorily required to commence a hearing within a period of 28 days after the last date for representations. While we will try and give you as much notice as possible, we aim to give you at least 10 working days notice of the date of any hearing(s) we intend to hold.
What happens if your application is refused?
If an application for a licence is refused the failed applicant can appeal. Appeals should be made to Watford Magistrates Court within 21 days of the notice of decision.
Will a 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.
Having problems with a licenced premises?
An interested party or responsible authority can apply to Hertsmere Borough Council to review a premise licence. Once an application is received there is a 28 day consultation process and this will in turn lead to a licensing hearing.
If your having problems with noise nuisance please contact Environmental Health on 02082077435
The Chief Officer of Hertfordshire Constabulary can give notice to Hertsmere Borough Council to close a premise and to urgently initiate a licence review. This can only be used if the premises it licenced to sell alcohol by retail and in a senior officer of the Police force has given a certificate to state that in their opinion the premises are associated with serious crime. disorder or both.
Trade associations
Association of Licensed Multiple Retailers (ALMR)
Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
Federation of Licensed Victuallers Associations (FLVA)
Institute of Entertainment and Arts Professionals (IEAP)
