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Premises Licence under the Licensing Act 2003

Last Modified May 15, 2020
 

You need a Premises Licence if you intend to sell alcohol or serve hot food and drinks between 11pm and 5am, also you will need a licence for a range of entertainment activities

Licensing Act 2003

Who can apply for a licence?

 

 

 

Any of the following:

  • anyone who conducts a business in the premises
  • 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 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 be 18 years of age or above.

How do I apply for a licence?

You will need:

 

What is an operating schedule and what should it include?

The operating schedule tells us what activity you want to carry out and when. It should include:

  • the licensable activities
  • the times when the activities will take place
  • any other times when the premises will be open to the public
  • if you want a limited licence, the period the licence is required for
  • premises supervisor information
  • whether the alcohol sold is for consumption on, or off, the premises, or both
  • the steps proposed to be taken to promote the licensing objectives
  • any other required information

What must a plan include?

The plan must be to a scale of 1:100 and include:

  • 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 an existing licensable activity relates to the supply of alcohol, the location/s on the premises where alcohol is consumed;
  • fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact exists or escape routes;
  • the location and height of any stage or raised area relative to the floor;
  • the location of steps, stairs, elevators or lifts;
  • the location of rooms with public conveniences;
  • the location and type of fire safety and other safety equipment; and
  • the location of any kitchen on the premises.

How / where do I advertise my application?

For a premises licence, a variation to an existing licence or for a provisional statement, you must display a pale blue A4 notice prominently on the boundary of the premises to which it relates.

It must be printed legibly in black ink or typed in black, in at least font size 16 and be displayed for 28 consecutive days starting the day after the application is given to us.

In addition, you must publish a notice in a local newspaper that circulates in the same area where the premises are, at least once during the 10 working days after the application being submitted to the Licensing Authority.

28 Day notice template (PDF 73Kb)

28 Day notice for Premises Variation template (PDF 73Kb)

28 Day notice Club Premises Certificate (PDF 75Kb)

28 Day notice for Club Premises Variation (PDF 71Kb)

Who are the responsible authorities I need to send the information to?

The responsible authorities consist of: Licensing Team, Environmental Health Environmental Protection, Environmental Health Health and Safety, Head of Planning, The Licensing Officer Borehamwood Police, Fire Protection, Hertfordshire Safeguarding Children's Board, Trading Standards, Public Health and the Immigration Home Office.

List of responsible authorities (PDF19Kb)

How much does a licence cost?

The Fee structure for the Licensing Act 2003 (PDF 17Kb) depends on the non-domestic rateable value of the property.

The non-domestic rateable value can be found by contacting the Valuation Office Authority or by searching Valuation Office Agency (VOA) Non Domestic Rates

Apply online

What if someone objects?

A hearing must be held if any objections – often called representations - are received.

At the hearing, the Licensing Sub-Committee will consider the information and based on this will either grant or refuse your application. Even if it is granted, it may be subject to some conditions.

We will tell you if a hearing is necessary and you, and anyone who has made relevant representations, will be told of the decision.

How long will it take us to decide on your application?

A 28-day period must be allowed for any representation(s) to be made.

If none are received, we aim to process your application within 14 days of the last date that a representation could be made.

However, due to the volume of applications, it can sometimes take us a little longer.

If representations are made, by law we are required to start a hearing within 28 days after the last date for representations.

We aim to give you at least 10 working days’ notice of the date of any hearing(s) we intend to hold.

Can I appeal your decision if it is refused?

Yes. You can appeal to Watford Magistrates Court within 21 days of the notice of decision.

I would like to complain about a premises which already has a licence.

You can ask us to Review of a Premises Licence or Club Premises Certificate. Once an application is received we have a 28 day consultation process which will lead to a licensing hearing where all the facts will be considered and a decision made.

If you are having problems with noise nuisance please contact us on 020 8207 7435

The Chief Officer of Hertfordshire Constabulary can give notice to us to close a premises and urgently initiate a licence review. This can only be used if the premises is licensed to sell alcohol by retail, and a senior police officer has given a certificate to state that in their opinion the premises is associated with serious crime, disorder or both.

Premises Licence Application Register

You can view our Premises Licence Application Register

Request to surrender a Premises Licence

If you wish to surrender a Premiss Licence under section 28 of the Licensing Act 2003

Premises Licence Surrender Form (PDF 201Kb)

Request to be removed from a Premises Licence as the Designated Premises Supervisor

The original consent has to be completed and served on the council with a copy served on the current premises licence holder under Section 41(4)(a) of the Act within 48 hours. DPS removal form under S41 (PDF 140Kb)

Fire Safety Information

Hertfordshire Fire & Rescue have produced a document on organised events (PDF 145Kb) to the relevant conditions for a Premises Licence to be accounted for within an Event Management Plan.

Fire safety advice and your responsibilities (PDF 162Kb) this advice is how to avoid fires and how to ensure people's safety if a fire does start.

 

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