A premises licence under the Licensing Act 2003 is required for any premises where any of the following take place:
- sale of alcohol by retail
- regulated entertainment
- the provision of hot food or hot drink between 23:00 and 05:00 on any day
Regulated entertainment is defined as:
- a performance of a play
- an exhibition of a film
- an indoor sporting event
- a boxing or wrestling entertainment
- a performance of live music
- any playing of recorded music
- a performance of dance
- anything similar to music or dancing
All premises licences are potentially subject to one or more of the Mandatory Conditions, specified under sections 19, 19A, 20 and 21 of the Licensing Act 2003. These relate to the sale and supply of alcohol, the exhibition of films and door supervision, and appear on individual licences. Section 32 and schedule 4 of the Policing and Crime Act 2009 gives the Secretary of State power to specify additional Mandatory Conditions.
From 6th April and 1st October 2010, further Mandatory Conditions were imposed on premises selling alcohol by the Government, as follows:
- Irresponsible promotions - effective from 6th April 2010 (on sales/supply only)
- Alcohol dispensed directly into the mouth - effective from 6th April 2010 (on sales/supply only)
- Free tap water for customers - effective from 6th April 2010 (on sales/supply only)
- Age verification policy - effective from 1st October 2010 (on and off sales/supply)
- Choice of small measures - effective from 1st October 2010 (on sales/supply only)
A note of advising of the new conditions, together with links to the updated Statutory Guidance issued by the Secretary of State under section 182 of the Licensing Act 2003, guidance on selling alcohol responsibly and good practice examples from the Home Office appear below. Further guidance on the last two mandatory conditions appears on the Home Office web site. Please note that the new conditions on premises selling alcohol are effective whether or not they physically appear on your licence. An example of an age verification policy appears below.
Detailed information on making applications is available in the guidance notes. They are not a substitute for prospective applicants obtained their own specialist legal advice. The city council's staff cannot provide legal advice about your application.
Application forms, as prescribed by the legislation, are also available, as is a list of the fees and the responsible authorities who should be consulted prior to applications being made, particularly those for variation or new licences, and who will need to be served with copies of applications.
Please note that a Designated Premises Supervisor (DPS) is only required where alcohol is to be sold; once a premises licence has been granted, it can be varied to change the DPS and the DPS can ask to be removed from the licence, and may need to give notice to the premises licence holder for the licence to be returned for amendment. Appropriate forms are available. Special arrangements may apply in the case of village halls and parish halls where the sale of alcohol is authorised.
Links to forms, guidance and specimen notices appear below. Premises licence application forms appear in both Adobe Acrobat and Microsoft Word ® formats. Please select the relevant application form, save to your PC, complete, print and return to the Licensing Team together with all required accompanying documents.
You may also apply electronically - please see the Online Licensing Application link above.