With debate continuing over Westminster Council’s Draft Statement of Licensing Policy, particularly how licensing applications are determined. Our alcohol licensing solicitor, Leigh Schelvis, explains when a premises licence is required and the key stages of the application process under the Licensing Act 2003.

When is a premises licence required?

Businesses intending to carry out licensable activities for members of the public will generally need a premises licence under the Licensing Act 2003.

Licensable activities include:

• the sale by retail of alcohol;
• the provision of regulated entertainment; and
• the provision of late-night refreshment, meaning hot food or drink between 23:00 and 05:00.

Applying for a premises licence

An application for a premises licence is made to the relevant licensing authority, usually the local council. The application must be accompanied by:

• a plan of the premises;
• the relevant council fee; and
• a Designated Premises Supervisor (DPS) consent form, where the application includes the sale of alcohol.

Once submitted, the application is considered by the responsible authorities, which can include the police, Environmental Health, Trading Standards and the fire authority. The application must also be advertised for a 28-day public consultation period.

Can an application be opposed?

During the 28-day consultation period, responsible authorities and members of the public can make representations in support of, or objection to, an application.

Representations must be relevant to the application and relate to one or more of the four licensing objectives:

• the prevention of crime and disorder;
• public safety;
• the prevention of public nuisance; and
• the protection of children from harm.

What happens if representations are made?

Where relevant representations are received, the application will usually be determined at a hearing before a Licensing Sub-Committee. Hearings are generally held within 20 working days of the end of the consultation period.

An applicant is not required to attend, and the Sub-Committee can determine the application in their absence. However, attending can be beneficial, particularly where members of the Sub-Committee have questions about the proposed operation or representations have been made against the application.

Having specialist licensing advice at this stage can help an applicant present its case effectively and respond to any concerns raised.

How long does a premises licence last?

A premises licence generally remains in force indefinitely unless:

• it is revoked;
• it is subject to a time limit and expires;
• it is surrendered; or
• the licence holder dies, loses capacity, becomes insolvent or is dissolved.

Why get specialist licensing advice?

A premises licence is an important long-term asset for a hospitality business, and getting the application right from the outset can avoid the additional time and expense associated with varying an inadequate licence or making a fresh application.

The application process can be particularly complex where premises are located in areas with a high concentration of licensed venues or where objections are anticipated. Taking specialist legal advice at an early stage can help streamline the application, minimise the risk of onerous or unnecessary conditions, and improve the prospects of securing a licence that properly reflects the proposed operation.

If you need advice on whether your business requires a premises licence, assistance with a licensing application or guidance on any other licensing matter, we’re here to help. Get in touch with our specialist alcohol licensing lawyer, Leigh Schelvis, at LeighSchelvis@schofieldsweeney.co.uk.