Licensing Act 2003 premises licences
Last Updated: 15 September 2021
Before starting the premises licence process, please check that the premises falls within the South Lakeland area.
How to apply for a new premises licence
If you would like to apply for a premises licence fill in the premises licence application form (DOC 80KB / 24 pages).
A provisional statement (DOC 457KB / 21 pages) can be applied for premises that are to be, or are in the process of being constructed, altered or extended. The process is the same as that for a premises licence. However, a provisional statement does not convert into a premises licence on completion of the construction or development. Subsequently an application for a premises licence will need to be made. Representations are restricted after the grant of the provisional statement provided that the application for the premises licence is in the same form as described in the provisional statement, there has been no material change in circumstances either to the premises or the area in which the premises are situated and the schedule of works has been completed satisfactorily.
If you wish to transfer the licence you will need to complete the application to transfer the premises licence form (DOC 220KB / 9 pages).
The transfer application form should also be accompanied by the consent to transfer the premises licence form (PDF 186KB / 1 page).
As part of the premises licence application you will need to complete an operating schedule. An operating schedule details how the business will operate and must contain the following information:
- the licensable activities to be carried out and the times at which they will take place
- the hours that the premises are to be open to the public
- details of the designated premises supervisor
- whether alcohol will be consumed on and/or off the premises
- the proposed steps to promote the licensing objectives, for example, the arrangements for door security to prevent crime and disorder
A scaled plan of your premises will need to be submitted along with your application, you can view our guidelines on the submission of a premises licence plan.
Every premises that sells or supplies alcohol (except for qualifying clubs) must have a designated premises supervisor who is responsible for its day to day running, this person must hold a personal licence authorising the sale of alcohol, you are required to fill in a consent form confirming the consent of an individual to being specified as a premises supervisor (DOC 40KB / 2 pages).
Please be aware that carrying on a licensable activity from any premises other than as authorised may lead to a fine and/or imprisonment.
A fee should be sent with your application, the government sets these fees based on the non-domestic rateable value of your premises. You can find this out by looking at your annual bill or by contacting Business Rates. You will then need to cross reference the non-domestic rateable value with the list of licensing fees.
Your application, fee and any other relevant documents should be returned to the licensing group.
When making an application for grant/variation, you should send a copy to the responsible authorities.
This now includes sending a copy of the application form to the Home Office (Immigration Enforcement) Alcohol Licensing Team, Lunar House, 40 Wellesley Road, Croydon, CR9 2BY or alternatively email: Alcohol@homeoffice.gsi.gov.uk
Takeaways and late night refreshment licence
Night cafes, takeaway outlets and any other premises selling hot food or drink between the hours of 11.00pm and 5.00am will require a premises licence.
Notice of an application
You must display a notice of the application on your premises for a period of 28 consecutive days. You may want to refer to our guidance on arrangements for advertising notices of application.
Here are the notices for you to choose the correct one and fill in and print on blue paper:
This notice must be printed on white paper: Notice of application for minor variation to a premises licence/club premises certificate (PDF 23KB / 1 page)
You are also required to put a notice in the local newspaper, template for completing your newspaper notice (PDF 22KB / 2 pages)
You do not need to apply for a new premises licence if you move to another pub as the licence is attached to the premises not the person. Premises licences last indefinitely unless it has been granted for a limited period or is suspended, surrendered or revoked.
If you wish to stay open later than the times stated in the operating schedule you can use a limited number of temporary event notices to extend your opening hours. You will also require a temporary event notice if you want to provide entertainment at an event at any one time that will not exceed 499 people. You would need to serve the notice on the licensing authority and the Police a minimum of 10 working days before the event is to take place. The police and the Councils environmental health department can object to an applicant if they feel the licensing objectives may be undermined.
Interested parties (eg local residents, residents' associations, parish/town councils etc) can make representations on applications.
They must be made within 28 days of the date the notice of application is displayed.
In order to be relevant, the representation must relate to one or more of the four licensing objectives listed below:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
If, after the 28 day consultation period, your application has received no representations then it will be deemed granted and your licence will be issued and sent to you.
If representations are received within the 28 day consultation period, then your application would go to a hearing.
Where an application is made for grant or variation of a premises licence a summary can be found on the public register of Licensing Act applications.
How to apply for full variation to a premises licence
To make significant changes to your premises licence or club premises certificate, you will need to apply for a full variation premises licence or club premises certificate.
If you would like to apply for a full variation fill in the full variation application form (DOC 60KB/ 20 pages).
Changes could include;
- varying the hours that licensable activity takes place
- adding licensable activities
- amending, adding or removing conditions within a licence
- altering any aspect of the layout of the premises which is shown on the plan
Depending on the changes, it may be possible for you to submit a minor variation application.
How to apply for a minor variation to a premises licence
A minor variation is a simplified process for
- small changes to premises layouts or structures
- small changes to licensing hours
- the addition of authorisation for late night refreshment or regulated entertainment
- removal of out of date, irrelevant or un-inforcable conditions
If you would like to apply for a minor variation fill in the minor variation application form (DOC 39KB / 9 pages).