Premises licence
Premises licences authorise the sale or supply of alcohol in pubs, off licences and restaurants. They also authorise the sale of hot drinks and food between 11pm and 5am (late night refreshment).
The Licensing Act 2003 also applies to cinemas, theatres and indoor sporting events such as boxing and wrestling. The provision of public entertainment including music, singing, dancing and events such as music concerts are also licensable. The Live Music Act 2012 highlights which activities are licensable.
Do I need a licence?
All premises involved in the sale of alcohol, the provision of late night refreshment or regulated entertainment need a premises licence. This may include community or educational centres however such premises may be exempt from paying an application fee.
Who can apply?
Anyone over the age of 18 can apply for a premises licence. If you're applying as an individual, in partnership or as an unincorporated association, applications must be accompanied by a:
If your application includes the supply of alcohol you will also need to have a completed DPS consent form.
Designated premises supervisor (DPS)
If you are adding the sale or supply of alcohol as part of your new application or full variation you will need a designated premises supervisor.
The DPS will need to hold a valid personal licence. In most cases, this will be the premises licence holder, but you can choose to name someone else. There is only one DPS for each premises (but any number of personal licence holders) and it is usually the person who has day to day responsibility for the premises. You will need to submit a DPS consent form signed by the person you wish to be your DPS (you need to do this even if this is the same person who is applying for the premises licence) to confirm that they are happy to take on this role.
The DPS is named on the premises licence, if this changes, the licence holder must apply to vary the licence naming a new DPS. A valid application will have immediate effect if the fee has been paid.
Before applying to vary your licence you need to complete a consent to vary form. Further details can be found on the Gov.UK website.
If a person wishes to withdraw their consent to be named as the DPS they must notify us by emailing licensing@cheshirewestandchester.gov.uk. You should also advise the police and the licence holder.
How long are they valid for?
Licenses are valid indefinitely, however failure to pay the annual fee will result in the licence being suspended.
Cost
What happens next?
Following submission of a successful application, we will normally reach a decision within 30 days. However if a person or responsible authority such as the police make a representation about your application, we will hold a hearing to discuss the application and concerns raised. The outcome of the hearing may be a decision to:
- grant the licence in accordance with the application
- grant the licence with amendments/additional conditions
- refuse the application
If a party is unhappy with the decision reached they can appeal to the Magistrates' court within 21 days of the decision.
Making changes to your licence
You can apply to make changes if you would like to:
- add a licensable activity
- extend the hours
- change the layout of the premises
There are two types of variations, full and minor. Each variation attracts a different fee.
It is possible to make small changes to your premises licence or club premises certificate through the minor variation process which is cheaper, easier and quicker than the full variation process.
Vary your premises licence
You can apply to vary your licence, for example if you wish to add a licensable activity, extend the hours or change the layout of the premises.
There are two types of variations, full and minor. Each variation attracts a different fee.
It is possible to make small changes to your premises licence or club premises certificate through the minor variation process which is cheaper, easier and quicker than the full variation process.
Transfer your premises licence
Before applying to transfer your licence you need to complete a consent to transfer form. Further details can be found on the Gov.UK website.
The licence can be transferred with immediate effect, subject to submission of a valid application and payment of the fee.
Surrender your premises licence
You can apply to surrender your licence (PDF, 231KB) at any time. There is no fee to surrender the licence, however you will be liable to pay the annual fee until such a time the licence is surrendered or transferred.
Interim authority notice
In the unfortunate event a premises licence holder dies, becomes insolvent or mentally incapable an appropriate person should submit an interim authority notice (PDF, 213KB).
Applications must be advertised as set out in the act and the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005. This includes displaying a sign at or outside the premises and an advertisement in a locally circulating newspaper. We will forward a copy of an example public notice once the application is received.
Under the minor variation process, you are not required to advertise the variation in a newspaper or circular or copy it to responsible authorities. However, you must display it on a white notice the notice must be displayed for a period of ten working days starting on the working day after the minor variation application was given to the licensing authority. We will forward a copy of an example public notice once the application is received.
You are asked to describe the steps you intend to take to promote the four licensing objectives:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
You should already be complying with these requirements, so if you feel there is nothing more you need to do, then you might wish to write ‘N/A’ when completing the application. This shows you have considered the objectives and come to a decision that you have nothing additional to do and not that you have forgotten to write anything in this section.
If a responsible authority for one of the licensing objectives considers that you need to do more, they will be able to make representations. If you do intend to take additional measures, you should consider carefully what to include. Anything you put down here is likely to become a condition of your licence. Failure to meet those conditions would constitute an offence under the act.
You should think carefully about adding conditions to ensure that they are achievable, realistic, appropriate, proportionate and within your control. Base your response on a proper, common sense consideration of the risks and what you can realistically do to mitigate them.
Notification of interest
If you have an interest in a premises that is licensed under the Licensing Act 2003 you can register a notification of interest. Anyone with an interest can apply, however your application will only be accepted if you are:
- the freeholder/leaseholder
- a legal mortgagee
- a person in occupation of the property
The notice will last for 12 months and you will need to give us new notice each year. There is a fee to register a notification of interest.
Complaints and reviews
If you are experiencing problems with a licensed premises you can make a complaint to us.
If problems persist and are serious in nature you can ask for a review of the licence.