Guidance notes: Applying for a premises licence

A Premises licence permits licensable activities at any “place”, including any “vehicle, vessel or moveable structure”. An application can be made by an individual or by an organisation. Not everyone is able to apply, but anyone who is running a business that involves licensable activities there or who plans to do so in the future can do so. The business might be that of providing rock bands or disco facilities. It does not have to be the business that runs the premises. There is a list in the Licensing Act 2003 that explains who can apply.

The freeholder, leaseholder, occupier etc. of a building will not normally be told what is going on but if they register an interest in the premises (for which a small fee is payable) they will become entitled to notifications about licensing matters related directly to their property. They will still have no right to express a view on applications, even if they have registered (unless they qualify because they are a local resident, for example).

Our licensing policy states that the Licensing Authority will not normally determine an application “unless the applicant can demonstrate that the premises have either an appropriate (in terms of activity and hours of use sought) planning consent, or that it is otherwise lawful. Exceptions may be made where the applicant can demonstrate compelling reasons why the application should be considered, although the planning status of the premises has not been finalised”.

This means that before submitting an application, you should ensure that the premises has planning permission for the use you intend and for the hours you intend operating the business. If you do not, then your application could be rejected by the licensing department and the fee lost.

Form guidance

These notes are to help you fill in the Premises licence application form.

Describing the premises

Describe the premises, for example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off-supplies, you must include a description of where the place will be and its proximity to the premises.

Licensable Activities

In terms of specific regulated entertainments please note the following.

• For each entertainment type you will need to indicate whether it takes place indoors, outdoors or both. Indoors may include a tent.
• Please give timings in 24 hour clock (e.g. 16.00)

Part A: Plays

No licence is required for performances between 08:00 and 23.00 on any day, provided that the audience does not exceed 500.

Part B: Films

No licence is required for ‘not-for-profit’ film exhibition held in community premises between 08.00 and 23.00 on any day provided that the audience does not exceed 500 and the organiser (a) gets consent to the screening from a person who is responsible for the premises; and (b) ensures that each such screening abides by age classification ratings.

Part C: Indoor sporting events

No licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000.

Part D: Boxing or Wrestling Entertainment

No licence is required for a contest, exhibition or display of Greco-Roman wrestling, or freestyle wrestling between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000. Combined fighting sports – defined as a contest, exhibition or display which combines boxing or wrestling with one or more martial arts – are licensable as a boxing or wrestling entertainment rather than an indoor sporting event.

Part E: Live music

No licence permission is required for:

• a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises
• a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
• a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace that is not licensed to sell alcohol on those premises, provided that the audience does not exceed 500.
• a performance of amplified live music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
• a performance of amplified live music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from: (i) the local authority concerned, or (ii) the school or (iii) the health care provider for the hospital.

Part F: Recorded music

No licence permission is required for:

• any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.
• any playing of recorded music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
• any playing of recorded music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from: (i) the local authority concerned, or (ii) the school proprietor or (iii) the health care provider for the hospital.

Part G: Dance

No licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500. However, a performance which amounts to adult entertainment remains licensable.

Cross activity exemptions

No licence is required between 08.00 and 23.00 on any day, with no limit on audience size for:

• any entertainment taking place on the premises of the local authority where the entertainment is provided by or on behalf of the local authority;
• any entertainment taking place on the hospital premises of the health care provider where the entertainment is provided by or on behalf of the health care provider;
• any entertainment taking place on the premises of the school where the entertainment is provided by or on behalf of the school proprietor; and
• any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided that (a) it takes place within a moveable structure that accommodates the audience, and (b) that the travelling circus has not been located on the same site for more than 28 consecutive days.

3. For example the type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.

Part L - Late Night Refreshment

• If you wish people to be able to consume alcohol on the premises, please tick ‘on the premises’.
• If you wish people to be able to purchase alcohol to consume away from the premises, please tick ‘off the premises’.
• If you wish people to be able to do both, please tick ‘both’.

Part N: Adult entertainment

Please give information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups or the presence of gaming machines.

Part O: Premises open to the public

This section is for indicating when you plan to open your premises to the public.

• Seasonal variations: For example (but not exclusively), where the activity will occur on additional days during the summer months.
• Non-standard timings: For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
• Standard timings: Please give timings in 24 hour clock (e.g. 16.00) and only give details for the days of the week when you intend the premises to  be used for the activity.

Part P: Licensing objectives

Please list here steps you will take to promote all four licensing objectives:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

Signature

• The application form must be signed.
• An applicant’s agent (for example solicitor) may sign the form on their behalf provided that they have actual authority to do so.
• Where there is more than one applicant, each of the applicants or their respective agent must sign the application form.

Contact name

This is the address which we shall use to correspond with you about this application.

Entitlement to work/immigration status

This section is to check the entitlement to work/immigration status for individual applicants and applications from partnerships which are not limited liability partnerships.

A licence may not be held by an individual or an individual in a partnership who is resident in the UK who:

• does not have the right to live and work in the UK; or
• is subject to a condition preventing him or her from doing work relating to the carrying on of a licensable activity.

Any premises licence issued in respect of an application made on or after 6 April 2017 will become invalid if the holder ceases to be entitled to work in the UK.

Applicants must demonstrate that they have an entitlement to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity. They do this by providing with this application copies or scanned copies of the following documents (which do not need to be certified).

Documents which demonstrate entitlement to work in the UK

• An expired or current passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK [please see note below about which sections of the passport to copy].
• An expired or current passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland.
• A Registration Certificate or document certifying permanent residence issued by the Home Office to a national of a European Economic Area country or Switzerland.
• A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland.
• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.
• A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
• A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
• A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
• A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
• A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
• A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to work and is not subject to a condition preventing the holder from doing work relating to the carrying on of a licensable activity.
• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to work relation to the carrying on of a licensable activity.
• A current Residence Card issued by the Home Office to a person who is not a national of a European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights or residence.
• A current Immigration Status Document containing a photograph issued by the Home Office to the holder with an endorsement indicating that the named person may stay in the UK, and is allowed to work and is not subject to a condition preventing the holder from doing work relating to the carrying on of a licensable activity when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
• A Certificate of Application, less than 6 months old, issued by the Home Office under regulation 17(3) or 18A (2) of the Immigration (European Economic Area) Regulations 2006, to a person who is not a national of a European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights of residence.
• Reasonable evidence that the person has an outstanding application to vary their permission to be in the UK with the Home Office such as the Home Office acknowledgement letter or proof of postage evidence, or reasonable evidence that the person has an appeal or administrative review pending on an immigration decision, such as an appeal or administrative review reference number.
• Reasonable evidence that a person who is not a national of a European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights of residence in exercising treaty rights in the UK including: evidence of the applicant’s own identity, such as a passport; evidence of their relationship with the European Economic Area family member, e.g. a marriage certificate, civil partnership certificate or birth certificate; and evidence that the European Economic Area national has a right of permanent residence in the UK or is one of the following if they have been in the UK for more than 3 months: (i) working e.g. employment contract, wage slips, letter from the employer, (ii) self-employed e.g. contracts, invoices, or audited accounts with a bank, (iii) studying e.g. letter from the school, college or university and evidence of sufficient funds; or (iv) self-sufficient e.g. bank statements.

Family members of European Economic Area nationals who are studying or financially independent must also provide evidence that the European Economic Area national and any family members hold comprehensive sickness insurance in the UK. This can include a private medical insurance policy, an EHIC card or an S1, S2 or S3 form.

Original documents must not be sent to licensing authorities.

If the document copied is a passport, a copy of the following pages should be provided:

• any page containing the holder’s personal details including nationality;
• any page containing the holder’s photograph;
• any page containing the holder’s signature;
• any page containing the date of expiry; and (v) any page containing information indicating the holder has permission to enter or remain in the UK and is permitted to work.

If the document is not a passport, a copy of the whole document should be provided. Your right to work will be checked as part of your licensing application and this could involve us checking your immigration status with the Home Office. We may otherwise share information with the Home Office. Your licence application will not be determined until you have complied with this guidance.