17 March 2010Please select one of the links below for more information about premises licence, club premises certificate and related information
What is Regulated Entertainment?
The Act defines the provision of regulated entertainment as the provision of entertainment or the provision of entertainment facilities to the public or any section of it, or exclusively for members of a qualifying club and their guests or in any other case for consideration and with a view to profit. This includes raising money for charity. Entertainment is defined as:
Entertainment facilities are defined as facilities that enable persons to take part in making music, dancing or entertainment of a similar description, e.g. a stage or dance floor.
Is Late Night Refreshment licensable?
The supply of hot food or drink to members of the public, for consumption on or off the premises, between 11pm and 5am requires a premises licence. Exemptions under the Act include provision of late night refreshment to residents and their guests in hotels, guesthouses etc and to members of a recognised club.
What are the Licensing Objectives?
The licensing objectives are:
What is a Premises Licence?
A premises licence authorises the premises to be used for one or more of the following licensable activities:
A fee is payable upon application and then an annual fee is payable 12 months from the grant of the licence – this is based on the non-domestic rateable value of the property.
You can establish the non-domestic rateable value of the property on the VOA website.
What is the application procedure for a Premises Licence?
An application may be made by an individual, who must be aged 18 or over, a company or partnership or a number of other persons or bodies such as a recognised club or a charity and must be made in writing to the licensing authority in whose area the premises are situated. An application must consist of:
The applicant must submit a copy of their application to each of the responsible authorities and must also advertise the application prominently on the premises for a period of not less than 28 days. This notice must be on A4 pale blue paper and in legibly black ink or typed in black in a font of a size equal to or larger than 16 and in a local newspaper for one week only during the first 10 days of the notice period.
Example of Premises Licence Public Notice (
PDF File 27KB file details)
Example of newspaper notice for existing premises and club premises licence ( PDF File 21KB file details)
Example of newspaper notice for new premises licence ( PDF File 7KB file details)
If no relevant representations are received, the licensing authority must grant the premises licence. Where relevant representations are made, a hearing will usually be held.
How can I object to a Premises Licence or Club Premises Certificate
Making objections
Once the council receives a valid application you have 28 days in which to lodge an objection. All objections must be made in writing by post, E-Mail or fax to the Licensing Team
Who is allowed to make an objection?
Residents or businesses near the premises or societies or groups representing those people, including resident associations,town and parish councils.
The government has not defined how far the vicinity of a premises stretches. If you wish to object you will need to show that the activity carried on by the premises affects your quality of life. For example, if the customers from a premises congregate at a late night bus stop near your home that may be sufficient to allow you to put in an objection.
Is my objection relevant?
Your objection needs to relate to the four licensing objectives of the Act to be relevant. These four licensing objectives are the only items that can be considered in deciding whether or not an applicant gets a licence. Any representations you make must relate in a clear way to them. They are:
You may come into the council to have a look at any application for a licence. You can then see what the applicant says they will be doing to guard against any problems under the four licensing objectives.
The application is also available to view via Public Access. The licensing team will also send out censored applications on request. Please contact the licensing team.
Other bodies may also object to licensing applications. They are the responsible authorities. They are the police, fire authority, the area child protection committee, the planning authority, the council's environmental protection team, commercial team and the trading standards authority.
How do I make my objection relevant and valid under the Act?
You need to support your objection by supplying evidence. This might include:a diary/record of events or incidents;
The most important thing in collecting evidence is to keep a written note or a diary. Note down the date, the time and a brief description of any incidents that take place. Write them down as clearly as you can. It's important that you get your facts right.
If you can get other people in the area to make notes as well, then that would be helpful. If there is an incident which involves the police being called out they will give you an incident number that you can quote.
When will my objection be heard?
The council has 20 working days from the close of representations to hold a hearing. We will give you notice of the hearing 10 working days before it takes place. We will make a copy of our report available to you if you have made a valid representation.
Will my name be made public and do I have to attend the hearing in person?
Your name and what you have written will be made public. If you attend the hearing we will ask you for your name before you speak. You don't have to attend the hearing but it might help if you do. You can ask someone to speak on your behalf including a friend or a relative, a councillor, a representative from a residents' society or a solicitor or other professional.
You do not need a solicitor. The licensing hearings are fairly informal and we will do our best to make sure that you are put at your ease.
What happens at the hearing?
We have a set procedure for hearings. There is a sub-committee of three councillors who sit to hear the licence application. An Officer from the Licensing team and a solicitor advise them in the open part of the committee.
The applicant for the licence application will be at the meeting with a representative if they want one. Both the applicant and objectors will be asked to put a brief summary of their case to the sub-committee.
The councillors may ask questions of you and so may the applicants or their representative. Do not worry about this. The solicitor present at the hearing for the council will make sure that any questioning is fair and relates to the point that you are making.
The Licensing sub-committee will then make a decision whether to grant or refuse the licence. They may grant the licence subject to conditions or for less time than the applicant has asked for if they consider that is necessary to support the four licensing objectives.
Both the licensee and the objectors can appeal to the Magistrates' Court against any decision of the Licensing Authority within 21 days of receipt of the Notice of determination which will be sent to all parties following the hearing.
If you need more information or have any questions about our licensing procedures, please contact the licensing team
Can I appeal against the decision?
Yes, providing you made a relevant representation you can appeal against the decision of the committee at the Magistrates Court. The DCMS have produced some Guidance for Appeals ( PDF File 74KB file details)to assist you in the appeals process
What and who are the Responsible Authorities?
These are the authorities which must be served with a copy of a premises licence application. They will advise the licensing authority about the implications of the application on the promotion of the licensing objectives. Different authorities will need to be served, depending on the nature of the premises. The most common authorities include:
Please select for the contact details of the Responsible Authorities ( PDF File 37KB file details) for Sevenoaks District Council
What is a Designated Premises Supervisor? (DPS)
Where the supply of alcohol is one of the licensable activities there must be a DPS. There can only be one DPS and this person will generally be the individual who is in day-to-day control of the premises. The DPS must be appointed by the premises licence holder, must be the holder of a personal licence and must consent to the appointment. The premises licence holder may also be the DPS.
How do I apply to vary an existing Premises Licence?
The holder of a premises licence may apply at any time to the licensing authority to vary the licence, e.g. to add licensable activities, change timings or modify conditions. The procedure is basically the same as applying for a new premises licence and the existing licence must be submitted with the variation application and appropriate fee.
How do I change the Designated Premises Supervisor (DPS)?
A change of DPS is a variation of the premises licence and the application form must be sent to the licensing authority, together with
Who do I notify of a change of name and/or address?
The premises licence holder must inform the licensing authority of any change in name and/or address as soon as is reasonably practical after the changes have taken place. This also includes any change in the name and/or address of the DPS unless the DPS has already notified the authority. This notification must be in writing and should include
How do I apply for the Transfer of a Premises Licence?
A transfer of a premises licence only changes the ownership of the licence – it does not change any terms or conditions attached to the licence. Application must be made on the prescribed form to the licensing authority and should be accompanied by
Where the application includes a request that the transfer comes into effect immediately, the transfer application is given interim effect, i.e. the applicant is deemed to be the holder of the premises licence during the application period.
Where the applicant and DPS are not the same person, the applicant must notify the DPS that the transfer application has been granted or that it has been made.
What is an Interim Authority Notice?
A premises licence lapses on the death, mental incapacity or insolvency of the premises licence holder and, in any of these circumstances, a person may give the licensing authority an interim authority notice, with a copy to the Chief Officer of Police via the West Kent Licensing Officer, within 7 days, if he:
On receipt of the interim authority notice, the licensing authority will issue the person giving the notice a copy of the licence and summary in his name.
As soon as the interim authority notice is given to the licensing authority, the business may continue to operate as before. The premises licence lapses unless and until such a notice is given and continued trading in those circumstances would constitute a criminal offence.
The maximum period for which an interim authority notice may have effect is 2 months, during which time an application for transfer of the licence needs to be made otherwise the licence lapses and an application for a new premises licence would have to be made.
What is a Provisional Statement?
A provisional statement is a means by which a person may seek confirmation as to whether a premises under construction (or being substantially altered) would be granted a premises licence upon completion of the building works and, if so, what conditions would be imposed.
The application form must be accompanied by the fee and a schedule of works which includes particulars of the premises to which the application relates, details of the proposed licensable activities and plans of the work being done at the premises.
As with other applications for a premises licence, the application must be advertised and copied to the responsible authorities and there will be a period of 28 days during which representations may be made. Where representations are received, a hearing will be held to consider them.
A licensing authority may grant a provisional statement with an indication that, when application is made for a premises licence, certain conditions may be imposed or the application might be rejected.
When the work on the premises is complete or near completion, an application for a premises licence should be made in the normal way and the licence will usually be granted provided the application is in the same form as described in the provisional statement and the work has been completed satisfactorily.
What is a Club Premises Certificate?
The Act sets out 5 conditions which a club must meet in order to be considered a qualifying club:
There are 3 additional conditions in relation to the supply of alcohol:
The arrangements for applying for a club premises certificate and application procedures are very similar to those in respect of a premises licence. The authority must grant the club premises certificate unless there are relevant representations, in which case a hearing must be held to determine the matter.
What Can You Do About Problems at Licensed Premises?
You should first try to resolve the problems informally with the licence holder. Tell them about the problems you are experiencing and give them the opportunity to resolve the problem.
If this is not successful you need to build your case. In all cases you should keep a diary of incidents of noise or anti-social behaviour, but it is also helpful to report your complaint to the council or the police, even if action cannot be taken at that time.
In this way information can be built up about premises so the relevant officer can take action. It may also assist the licensing officer or police to identify where problem premises are for enforcement action on breach of licensing conditions.
Who Should You Contact?
You should contact any of the following, depending on the nature of your complaint:
Once you have gathered your evidence and if the problem still persists you may seek a formal review of the licence.
A licence review application may be made to the licensing authority to review either a premises licence or a club premises certificate at any time by either a responsible authority or an interested party.
An interested party is:
The application must be relevant to the licensing objectives and, upon receipt of such an application, the licensing authority must advertise the application for 28 days and invite representations from other responsible authorities and interested parties during that period. It must then arrange a hearing at which all parties concerned may put their case. At such a hearing, the authority may take any of the following steps:
Any party to the hearing may appeal against a decision of the authority to the Magistrates Court within 21 days of being notified of the decision.
What Do You Need to Send to Us?
You also need to send a copy of your application form and documents to each of the responsible authorities.
Who Can Apply for a Review of a Licence?
You can apply for a review of an existing licence at any time, without having to wait until the licence holder applies to renew or vary the licence.
However, if a licence holder is applying for a variation of their licence, for example to extend opening hours, you can make a representation using our online form via public access.
When you apply for a review, other interested parties can make representations - see the comment on a review of a licence.
An application for a review made by an interested party will not be relevant if the Council considers it to be vexatious or frivolous.
Who has the power to close premises?
Where disorder is taking place, or is expected to take place in an area, the police may apply to the Magistrates’ Court for an order requiring all licensed premises in that area to close for a period of up to 24 hours (this does not apply to premises operating under a club premises certificate). This is usually used only in exceptional circumstances.
The police may also make a closure order for a period of up to 24 hours in respect of any premises operating under a premises licence or a TEN if it is considered such a closure is necessary in the interests of public safety or a public nuisance is being caused by noise coming from the premises. The order comes into force at the time that a copy of the notice is given to the premises licence holder, the DPS, premises user (under a TEN) or any manager of the premises. The closure order may be extended for further periods of 24 hours should this be considered necessary. A closure order of a premises brings about an automatic review of the premises licence.
Under the Anti-Social Behaviour Act 2003 (ASBA) the police have an additional power to close premises where there is the production or supply of class A drugs and serious nuisance or disorder. Under this Act, environmental health officers also have the power to close licensed premises where a public nuisance is being caused by noise. In these circumstances, a review of the premises licence is not an automatic result.
Once a closure order is issued police must apply to the Magistrates’ Court for it to consider the order and a hearing must be held as soon as reasonably practical. The Magistrates’ Court may:
There is a right of appeal to the Crown Court for any person aggrieved by the decision of the magistrates.
Who has right of entry into premises?
A police officer or authorised person (fire officer, officer of the licensing authority, health and safety officer or environmental health officer) may, at any reasonable time, enter a premises subject of an application to assess the effect of the application on the licensing objectives. In the case of club premises certificates, 48 hours’ notice must be given.
Any of the officers specified above may enter premises to check whether they are being run in accordance with any terms and conditions attached to the licence or TEN or are being used for licensable activities without the necessary licence. This power does not apply to premises operating under a club premises certificate.
A police officer may enter and search any premises where he believes an offence under the Licensing Act 2003 has been, or is about to be, committed.
HM Revenue and Customs officers have the right to enter licensed premises and remove goods liable to forfeiture, e.g. in respect of fraudulent evasion of duty. If entry is demanded at night, they must be accompanied by a police officer.
Reasonable force may be used in order to exercise the above powers.
How can I apply to be a Door supervisor?
Unless your employer or company has been given an exemption under Section 4(4) of the Private Security Industry Act 2001, it is a criminal offence to work as a Door Supervisor in England and Wales without a Security Industry Authority (SIA) licence.
Select Security Industry Authority's website for information on how to apply for a SIA licence.
