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Premises licences - new applicants

What a premise licence is, do you need a licence to sell alcohol, provide entertainment, sell hot food and drink? What other permissions will you need, what is a designated premises supervisor and how to apply and pay for a premises licence.

Have any new application for a premises licence been made?

If you would like to be able to see any new applications or variation applications to change an existing licence, all those that remain in their representation period are detailed in Licensing Applications.

The Licensing Act 2003 register contains information on applications for new Premises Licence Applications and changes to existing premises licences since 2005. If you wish to request a copy of the full register you can do so by emailing your request to licensing@eastriding.gov.uk.

A fee of £25 is payable for a copy of the full register. If you wish to make an enquiry in relation to a specific premises, you can do so free of charge by emailing licensing@eastriding.gov.uk.

Premises licence public register

The Licensing Act 2003 register contains information on applications for new Premises Licence Applications and changes to existing premises licences since 2005. If you wish to request a copy of the full register you can do so by emailing your request to licensing@eastriding.gov.uk.

A fee of £25 is payable for a copy of the full register.

If you wish to make an enquiry in relation to a specific premises, you can do so free of charge by emailing licensing@eastriding.gov.uk.

Do I need a licence to sell alcohol?

Yes

If you wish to sell or supply alcohol to members of the public, guests or members of a club, you will require permissions under the Licensing Act 2003.

It is also the sale of alcohol, if the alcohol is included within any entry fee or ticket or offered as a complimentary drink when purchasing a service or product.

You will need to apply for either a premises licence, a club premises certificate or a temporary event notice. You may also require a personal licence.

No

The following premises are not required to have a licence for the sale of alcohol, the provision of regulated entertainment or the provision of late night refreshment:

  • an aircraft, hovercraft or railway vehicle engaged in a journey
  • a vessel engaged on an international journey
  • an approved wharf at a designated port or hoverport
  • a Royal palace
  • a premise permanently or temporarily occupied by the armed forces of the crown at the time the activity takes place
  • any premises in respect of which a certificate has been issued by a Minister of the Crown on the grounds of national security
  • giving alcohol away as a lottery prize in a raffle or tombola is exempt from being a licensable activity provided that the alcohol is in a sealed container.

Do I need a licence to provide entertainment?

You may require a licence if you wish to provide any of the following:

  • Any entertainment between 11pm - 8am

  • Amplified live or recorded music for an audience of more than 500 people

  • Anyone that provides recorded music (above a background level) to an audience on premises not licensed to sell alcohol

  • Anyone that puts on a performance of a play or dance, to an audience of more than 500 people or provides lap-dancing and other forms of sexual entertainment.

  • Anyone that puts on an indoor sporting event to an audience of more than 1000 people

  • Anyone that puts on boxing/wrestling

  • Anyone that puts on an exhibition of a film, that is not incidental to another activity.

You can read further information about entertainment licensing changes affecting whether you may need a licence to provide entertainment on the GOV.UK website:

GOV.UK - Entertainment licensing from 6 April 2015 (external website) 

You will need to apply for either a:

premises licence

club premises certificate

temporary event notice

if the entertainment you want to provide is not exempt.

Do I need a licence to sell hot food and drink?

Yes

If you wish to sell hot food or drink, or provide facilities to heat customer’s food on their behalf after 11pm until 5am on any day, you will need permission under The Licensing Act 2003.

You will need to apply for either a premises licence, or a temporary event notice.

You may also need to register your business. Read more about setting up and registering a new food business.

No

The following are exempt from needing a late night refreshment licence:

  • residents and their guests in hotels and comparable premises
  • members of a recognised club
  • employees
  • hot food and drink supplied by a registered charity
  • hot food and drink that is free of charge. It is not regarded as free if in order to obtain the hot food or drink you must purchase some other item or pay an administration fee
  • hot drink from a vending machine provided that the machine is operated by a member of the public.

What is a premises licence and do they expire?

A premises licence allows the sale of alcohol and/or regulated entertainment and/or late night refreshment from a specific premise.

A premise can be a number of different things, for example, pub, cinema, restaurant, village hall, field, marquee, vehicle.

A premise can be licensed for a limited period of time or indefinitely.

Premises licence expiry

A premise licence (unless time-limited) will remain in force indefinitely as long as the premises licence holder does not:

  • become bankrupt, insolvent or enter Individual voluntary arrangement
  • decease or become too unwell to fulfil the role
  • fail to pay the annual fee
  • surrender the licence.

In the event of the death, mental incapacity or insolvency of the premises licence holder, a person may give the licensing authority an interim authority notice. This is so that the premises can continue to trade until the estate of the existing premises licence holder can be dealt with and a transfer application can be submitted.

Once a premises licence is in force, the licence is subject to an annual fee payment on the anniversary of the grant of the premise licence each year. The fee due is dependent on the rateable value of the premise. Failure to pay this fee can result in a premises licence being suspended.

Every licensed premise must prominently display within the premises their licence summary, showing the licensed hours and permissions.

What is a designated premises supervisor?

Every premise licensed to sell alcohol must have an individual listed on the licence that is responsible for the authorisation of the sale of alcohol.

The individual listed as the designated premises supervisor, will normally have the day to day control of the licensed premises and must hold a valid personal licence issued under The Licensing Act 2003.

Further information on applying for a personal licence can be found under personal licence category

A designated premises supervisor maybe liable for any offences committed under The Licensing Act 2003.

Where can I get advice on applying for a premises licence? 

To help your application run smoother, we offer a pre-application advice service to help you with:

  • advice on completing the application forms
  • advice on appropriate conditions drawn from a  model pool of relevant conditions  either from the Authority itself or conditions promoted through the Institute of Licensing and recommended as good practice in the Statement of Licensing Policy
  • guidance on drawing up plans to accompany the application in accordance with the relevant regulations
  • guidance on the process for nominating an appropriate designated premises supervisor
  • assistance with completing the statutory notices and advertising, and
  • one site visit to ensure plans are compliant with prescribed regulations and the appropriate statutory notices are correctly on display.

To request advice please email: licensing@eastriding.gov.uk.

An appointment will be booked for you, and then you will be asked to pay the relevant fee. 

Application advice is free for premises that are exempt from the statutory licence application fees. 

Small Premises (where alcohol sales are incidental to the main business) 

£100.00(plus VAT) - 2 hrs and 30 minutes of officer time. 

Medium/Large Premises

£180.00 (plus VAT)  - 4 hrs and 30 minutes of officers time. 

Large Premise/Large Scale (dependent on the size of venue/event)

£300.00 - £560.00 (plus VAT)

The advice you will be given by experienced and qualified licensing officers.

The advice given will not include views from other responsible authorities such as the Police, Fire Authority, etc.

Other responsible authorities have the legal right to make a representation relating to the application even if advice has been sought and provided under a pre-app advice agreement. 

Determining any application that is subject to representations will be the mandate of the Licensing Sub-Committee who will consider the application and the representations on its own merits and determine the application accordingly.

How do I apply for a premises licence?

Before submitting any application for a premises licence it is advisory to read the legal guidance on The Licensing Act 2003 and our local policy, to fully understand the intention of the Licensing Act. 

Apply for a premise licence 

S182 Statutory Guidance Issued April 2018 (pdf 1mb) 

Licensing Act 2003 Policy (pdf 394kb)

Below are all application forms you may require: Declaration of Designated Premises Supervisor (word 40kb) (only required for premises to be licensed for the sale of alcohol). 

No requirement for a designated premises supervisor. Section 25A Licensing Act 2003

25A Grant of premises licence: supply of alcohol from community premises

Where a management committee of community premises makes an application under section 17 for a premises licence authorising the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

Section 41(d) Application Form (word 72kb)

Plan requirements (pdf 98kb)

Advertising Document (Premises) (word 31kb)

Advertising Document (Local Newspaper) (word 29kb) 

Responsible Authorities contact list (pdf 64kb)

An application for a premises licence should be submitted to the licensing authority along with a plan of the premises, details of the designated premises supervisor, evidence of the right to work in the UK and the required fee. The fee is determined by the rateable value of the premises.

The Valuation Office Agency website can provide information on your rateable value:

Valuation Office Agency (external website)

Completed applications can be submitted directly to the licensing team by email or post or to one of our customer service centres.

By email to the licensing authority at licensing@eastriding.gov.uk

By post to:

Licensing Team
County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA.

Please use our customer service centre finder to locate your nearest centre, where a member of staff can check your application and take copies of your original documents.

Community premises - no requirement for a designated premises supervisor. Section 41(d) Licensing Act 2003

If your premise is a village hall or community premises you can apply to sell alcohol without the need for a designated premises supervisor under an exemption which would mean the committee would be responsible for all alcohol sales.

The need for a designated premises supervisor can be dis-applied under Section 41(d) of The Licensing Act 2003 and replaced with the following mandatory licence conditions:

  • The responsibility for authorising sales of alcohol will be the committee or board of individuals responsible for the management of the premises
  • These individuals will be required to undertake the responsibilities that would normally be undertaken by a designated premises supervisor. Provided the premises licence holder (the committee) had properly authorised the sale of alcohol, for example in written form through a hire agreement, an organisation or hirer using these premises for the sale of alcohol under the authority of the premises licence would not be required to obtain a personal licence.

The applicant for a section 41(d) must submit to the licensing authority a completed application form, a fee (if relevant), existing premises licence and summary (if relevant) and copies of the premises hiring agreement and terms and conditions, demonstrating how the committee will seek not to undermine any of the licensing objectives below.

One copy of the completed application, with copies of the hiring agreement and terms and conditions must be served on Licensing Authority and  also be served on Humberside Police licensing team:

Section 41(d) Application Form (word 72kb)

Completed applications can be submitted directly to the licensing authority by:

Email: licensing@eastriding.gov.uk

Post:

Licensing Team,
County Hall,
Cross Street,
Beverley,
East Riding of Yorkshire,
HU17 9BA

In person: by submitting your application at a customer service centre.

Please use our customer service centre finder to locate your nearest centre and where a member of staff can check your application and take copies of your original documents.

If the applicant applies for the variation section 41(d) at the same time as a grant application for a premises licence or a section 34 premises licence variation application there is no additional fee. If applying for a variation under section 41(d) on its own, there is a fee of £23.

If the licensing authority determines that you meet the requirements to not need a designated premises supervisor and no concerns are raised by Humberside Police within 14 days of your application, your licence will be issued/amended as applicable.

Provisional statement

A provisional statement can be used to obtain confirmation that a premises that is not yet built, under construction or about to be substantially altered would be granted a premises licence. There is nothing to stop an individual making an application for a premises licence in the same situation.

The applicant for a provisional statement must go through the same process as a premises licence. However, at the end they will not be granted a premises licence.

Once the premises have been completed or nearly completed the applicant for the provisional statement will be required to submit a premises licence application. The licensing authority will not be able to accept any objections to the premises licence application unless the application has changed from the original provisional statement, or a responsible authority or interested party was unable to make an objection to the original application for a provisional statement and has a reasonable excuse:

Apply online for a provisional statement 

Advertising Document Public Notice provisional statement (word 67kb)

Advertising Document Newspaper provisional statement (word 31kb)

How can I pay for a premises licence?

Every application made must be accompanied by the correct fee, the fee is dependent of the rateable value of the premises the five banding groups are shown below:

  • Band A 0 - 4,300 application fee £100
  • Band B 4,301 - 33,000 application fee £190
  • Band C 33,001 - 87,000 application fee £315
  • Band D 87.001 - 125,000 application fee £450
  • Band E 125,001 or above application fee £635

An application fee can be paid by telephone using your credit/debit card by calling (01482) 396297. 

Alternatively you, can pay by cheque made payable to East Riding of Yorkshire Council.

What happens after I submit my licence application?

The application goes through a statutory 28 day consultation period.

The applicant must advertise the application on the premises for a consecutive period of 28 days and once in a local newspaper within the first 10 working days of the application being made.

We recommend that advertisements are not placed in the newspaper until the licensing authority has notified you that they have accepted the application as valid.

During the 28 day consultation period responsible authorities and relevant persons have the right to comment on the application.

In order for comments to be accepted as valid objections under the terms of The Licensing Act 2003, objections must be relevant to one or more of the four licensing objectives:

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

If relevant objections are received, the applicant will be informed a committee hearing to determine whether the licence application is granted.

If no relevant objections are received after 28 days the licence will be granted. The applicant will receive the premises licence and summary in the post with a covering letter stating that the licence has been granted.

A tacit consent does not apply to this application.

The applicant and designated premises supervisor may also be contacted by a licensing officer to arrange a meeting at the premises to go through the premises licence and conditions in order to insure that they understand their responsibilities under the Licensing Act 2003.

How do I pay my annual premises licence fee?

The annual fee for a premises licence falls due every year on the anniversary the licence was originally granted. Failure to pay the annual fee on or before the due date each year will result in the premises licence being suspended for use until the annual fee has been paid.

You can pay your annual fee online, you will need to know your premises reference number to do so:

Pay my annual premises licence online

Alternatively you can pay at your local customer service centre.

BACS payments can also be made, please contact licensing team for further details:

Email: licensing@eastriding.gov.uk

What other permissions may I need?

When applying for a premises licence you may also need permissions from other departments of the council or external partners as below:

Planning team

Business Rates

Trading Standards

Humberside Fire Brigade (external website)

Food Services

For live and recorded music you may also require permissions from Performing Rights Society or PPL.

The Performing Rights Society and the PPL websites can offer more advice on this.

Performing Rights Society (external website)

PPL (music rights) - (external website)

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