Legal Services

Licensing for Business Premises

Where a business is looking to sell alcohol or provide entertainment, they will generally need a Premises Licence which is obtained from the Local Authority.

We can help you to obtain that Premises Licence, or assist with the Variation of any licence you already have. We can also deal with Transfers or licences and changes to the Designated Premises Supervisor.

• New premises licence more

  • We will need to know all about your proposed business including:-
  • Your opening hours.
  • The times you will be selling alcohol/providing entertainment.
  • Whether you are selling alcohol for consumption on or off the premises, or both.
  • The types of entertainment you will provide.
  • What steps you plan to take to promote the four Licensing Objectives (prevention of crime and disorder, public safety, prevention of public nuisance, protection of children from harm).
  • Details of your proposed Designated Premises Supervisor (the person in day to day control).
  • A plan of the premises, which meets the Licensing Act requirements.

  We can then carry our an initial assessment and advise you what else needs to be done before your application can be submitted.

  If instructed, we will:-

  • Prepare the application;
  • Send it to all the relevant authorities;
  • Arrange for it to be advertised in the local paper;
  • Advise you regarding advertising the notice on the premises;
  • Liaise with the relevant authorities regarding any queries or requirements;
  • Notify you if any representations (objections) are made and try to resolve any issues;
  • Finalise everything once the Licence has been granted.

  If there are no representations within 28 days of the application being submitted, or they are resolved, then the licence will be granted. Typically this will be some 4 - 5 weeks after the application goes in, but it may take longer for the Local Authority to process the paper work. You cannot sell alcohol until the Licence has been granted.

  If there are representations that cannot be resolved, then the application will be referred to a hearing which will take place before the Licensing Committee. If you require us to represent you at that hearing, then we will make all necessary preparations. In some cases it may be necessary to instruct a Barrister to deal with the hearing.

• Variations of Licences more

  You may already hold a Premises Licence, but need to vary it because you want to change your hours, provide different types of entertainment, or change the layout of the premises. If so you will need to apply for a variation of the Premises Licence. Depending on the nature of the changes, the application will either be dealt with as a:-

  • Full Variation
  • Minor Variation

  Once we know the details we can advise you which procedure to adopt.

  A Full Variation, can in some cases, involve almost as much work as a new application and is dealt with in a similar way. The work we do will be broadly the same as that outlined above, and the timescale will also be the same.

  A Minor Variation is one which is unlikely to impact on the licensing objectives. The application is more straightforward, and will be considered by the Local Authority within 15 working days of the application having been submitted.

• Personal Licences and Designated Premises Supervisors more

  To be able to sell alcohol under a Premises Licence, somebody must be appointed as Designated Premises Supervisor (DPS). That person must hold a Personal Licence. To obtain a Personal Licence, you must obtain an appropriate Licensing qualification and a criminal convictions certificate, as well as being able to demonstrate that you have the right to work in the UK.

  If you instruct us to apply for a Personal Licence for you, we will complete the application and check all of the documentation before submitting it to the Local Authority, Police and Home Office.

  
  

  Changing the Designated Premises Supervisor
  

  Due to changes in staffing, or the sale of a business, it is sometimes necessary to appoint a new DPS. We can obtain the necessary consents, complete the application and check all of the documentation before submitting it to the Local Authority, Police and Home Office.

  Whilst it may take the Local Authority some time to process the paperwork, the change will be effective once the application has been lodged with them.

• Transfer of Premises Licence more

  On the sale of a business it will be necessary to transfer the Premises Licence to its new owner (in addition to changing the DPS). Again, we can obtain the necessary consents, complete the application and check all of the documentation before submitting it to the Local Authority, Police and Home Office.

  Whilst it may take the Local Authority some time to process the paperwork, the transfer will be effective once the application has been lodged with them.

• Costs more

  Our charges will be based on an hourly rate of between £206 and £216 per hour + VAT (as at 1^st January 2019) depending on the lawyer dealing with the matter. We do not offer a fixed quote for this work, but an indication of the likely fees are set out below. These assume that there are no unforeseen complications.

  Application for a New Premises Licence

  • with no representations - £800 to £1,000 + VAT
  • with resolved representations - £1,000 to £1,200 + VAT
  • with a Licensing Committee Hearing - £1,500 to £2,000 + VAT

  Application for a Full Variation

  • with no representations - £600 to £800 + VAT
  • with resolved representations - £800 to £1,000 + VAT
  • with a Licensing Committee Hearing - £1,200 to £1,800 + VAT

  Application for a Minor Variation

  • £200 to £400 + VAT

  Application for a Personal Licence

  • Approximately £200 + VAT

  Change of Designated Premises Supervisor

  • Approximately £200 + VAT

  Transfer of Premises Licence

  • Approximately £200 + VAT

  
  

  Fees payable to the Local Authority

  In addition to our charges, you will be required to pay a fee of the Local Authority. These fees are set out here https://www.southlakeland.gov.uk/media/4719/guidance-in-respect-of-licensing-fee.pdf