Licensing Act 2003 - Premises Licences

Premises Licences

Under the Licensing Act 2003 a Premises Licence is required for any of the following:

  • Sale of alcohol by retail
  • Performance of a play (some exemptions apply)
  • Exhibition of a film (some exemptions apply)
  • Indoor sporting events (some exemptions apply)
  • Boxing or wrestling events (some exemptions apply)
  • Performing live music (some exemptions apply)
  • Playing recorded music (some exemptions apply)
  • Dancing (some exemptions apply)
  • Supplying hot food or drink between 11.00pm and 05.00am

Where the premises are to be used for the sale of alcohol, there must be a named person who has day to day responsibility for the management of the premises. This person is known as the designated premises supervisor (DPS). All sales of alcohol must be made or authorised by a person who holds a Personal Licence. A DPS must hold a Personal Licence.

The Council must have regard to the Government's statutory guidance when dealing with its licensing responsibilities and has been required to prepare a Licensing Policy, which explains the factors that the Council will consider when examining applications for licences and for monitoring compliance with licence conditions. The Act, the statutory guidance and the policy seek to achieve four main objectives, which have equal importance:

  • Prevention of crime and disorder
  • Protection of children from harm
  • Protection of public safety
  • Prevention of nuisance

Who can apply for a premises licence?

The following persons may apply for a premises licence:

  • Anyone who proposes to carry on a business involving licensable activities on the premises. This covers any individual (aged at least 18) or companies, unincorporated bodies, partnerships, etc.
  • A recognised club
  • A charity
  • The proprietor of an educational institution
  • A health service body
  • A person who is registered under Part 2 of the Care Standards Act 2000 in relation to an independent hospital
  • The chief officer of police of a police force in England or Wales
  • Anyone discharging a statutory or function under Her Majesty's prerogative

Applicants must have the legal right to live and work in the UK. When applications are submitted for individuals or partnerships, proof of this right will need to be included.

How to Apply – New Application

Apply online - New Premises Licence

  • Enclose the appropriate fee
  • Enclose a plan of the premises (which must be clear and legible)
  • Enclose a consent form from the designated premises supervisor (for applications where the sale of alcohol will be a licensable activity)
  • In the case of an application made by an individual applicant and those in a partnership which is not a limited liability partnership, enclose documents which demonstrate the entitlement to work in the UK
  • Unless the application is made online you must send copies of the application, the plan and supporting documents to responsible authorities on the same day that the application is sent to the City Council
  • You are required to advertise your application by displaying a blue notice on the premises for 28 consecutive days and also by advertising it in a newspaper (Newcastle Journal or Chronicle) within 10 working days of making the application.

How to Apply – Variation Application

 Apply online - Variation

  • Enclose the appropriate fee
  • Enclose a plan of the premises (which must be clear and legible)
  • In the case of an application made by an individual applicant and those in a partnership which is not a limited liability partnership, enclose documents which demonstrate the entitlement to work in the UK
  • Return the original premises licence for amendment.
  • Unless the application is made online you must send copies of the application, the plan and supporting documents to responsible authorities on the same day that the application is sent to the City Council
  • You are required to advertise your application by displaying a blue notice on the premises for 28 consecutive days and also by advertising it in a newspaper (Newcastle Journal or Chronicle) within 10 working days of making the application.

How to apply – Minor Variations

Apply online - Minor Variation

  • Return the original premises licence for amendment.
  • Notice to be displayed on premises
  • Fee of £89

Under this procedure the applicant is not required to advertise the variation in a newspaper or copy the application to responsible authorities. A white notice must be displayed at the premises for a period of 10 working days starting on the working day after the minor variation was given to the Licensing Authority.

On receipt of the application the Licensing Authority must decide if the application affects any of the licensing objectives and if so which of the responsible authorities it wishes to consult.

Other persons and any responsible authorities have 10 working days to make a representation. Representations are only relevant if they clearly relate to the likely effect on the grant of the variation on the promotion of the licensing objectives. There is no right to a hearing and any representations will be considered by the Licensing Authority. 

A determination must be made by the Licensing Authority within 15 working days starting the next working day after the application has been received. If this is not adhered to then it will be assumed that the application has been refused and the authority must return the fee to the applicant.

If the application is refused there is no appeal against this, however the applicant can resubmit the application through the full variation process.

Provisional Statements

It is possible to apply for a Provisional Statement for premises which are yet to be constructed if all the information is not available to make application for a Premises Licence. It is important to note that the granting of a provisional Statement will not automatically guarantee the granting of a premises licence at a future date.

How to Apply

Apply online - Provisional Statement

  • Enclose the of £315.
  • Enclose a schedule of works (this must include a statement by the applicant about the premises to be used and licensable activities for which the premises are to be used and a scale plan of the premises of the work being or about to be done at the premises
  • Unless the application is made online you must send copies of the application, the plan and supporting documents to responsible authorities on the same day that the application is sent to the City Council
  • You are required to advertise your application by displaying a notice on the premises for 28 consecutive days and also by advertising it in a newspaper (Newcastle Journal or Chronicle) within 10 working days of making the application.

Applications will not be considered to have been received by us until all the above documents, together with the correct fee, are provided.

How will applications be dealt with?

Responsible authorities, residents and businesses have a right to make representations to an application within 28 days of the applicant making the application. Representations can be made with regard to the likely effect of the grant of the licence on the promotion of any of the licensing objectives.

If no representations are received the licence will be granted subject to the terms and conditions detailed in the operating schedule.
If a valid representation is made the applicant will be advised accordingly and the application will be considered by members of the City Council’s Licensing Committee.

Will Tacit Consent Apply?

Tacit consent applies to every type of application with the exception of 'minor variation' which will not offer tacit consent.
This means that you will be able to act as though your application is granted if you have not heard by the end of the target completion period which is 28 days (not including possible committee hearing date) from the date of submission of all correct and relevant information.

How to apply - Premises Licence Transfer

Applications can be made to have a premises licence transferred.

Apply online - Transfer 

  • Submit the consent form from the current premises licence holder
  • In the case of an application made by an individual applicant and those in a partnership which is not a limited liability partnership, enclose documents which demonstrate the entitlement to work in the UK
  • Return the original premises licence for amendment.
  • Unless the application is made online you must send copies of the application, the consent and supporting documents  to the police and the home office on the same day that the application is sent to the City Council
  • Pay the fee of £23.

Apply online - Interim Authority Notice

Designated Premises Supervisor

If the designated premises supervisor (DPS) leaves employment at the premises alcohol cannot be continued to be sold at the premises until another personal licence holder has been nominated as a DPS. Application must be made immediately to replace them as DPS on the premises licence.

How to apply – Variation of DPS

Apply online - Variation of DPS

  • Submit the consent form completed by the proposed DPS
  • Return the original premises licence for amendment.
  • Unless the application is made online you must send copies of the application and the consent to the police and the home office on the same day that the application is sent to the City Council
  • Pay the fee of £23.

Apply online - DPS to be disapplied

Notification of Interest in Premises

Apply online - Notification of Interest

  • Fee of £21

Review of Premises Licence

Apply online - review premises licence

Changes of Name or Address

  • The holder of a premises licence must inform the Licensing Authority in writing as soon as is reasonably practicable
  • Pay the fee of £10.50
  • Return the original premises licence for amendment.

Pay Annual Fee

Please enter your unique reference number beginning with '8' displayed on your invoice.

Pay Premises Licence Annual Fee

 

Public Access to Licensing Applications

Please note you must register to make a comment, representation or track and save searches against an application. When making a representation your contact details may be forwarded to the applicant (or their Agent) or to other Authorities such as the police.  If you do not want your details passed onto any other parties please let us know.

View and comment on Applications

Contact; Licensing Authority, Public Safety and Regulation, Civic Centre, Newcastle upon Tyne NE1 8QH

licensing@newcastle.gov.uk

 

Need more information?

Application forms and information can also be accessed at Gov.uk

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