The Licensing Act 2003 was introduced to control premises and registered members clubs where alcohol is sold or supplied and regulated entertainment or late night refreshments are provided. Conditions could be attached to licences to ensure premises and their activities comply with the Council's Licensing Objectives.
Summary of legislation
The Licensing Act 2003 prohibits the sale or supply of alcohol, the provision of regulated entertainment or late night refreshment without the appropriate licence. Further information about these requirements can be found here.
Who needs to apply?
Any of the following may apply for a premises licence:-
- Anyone who uses or carries on a business in the premises to which the application relates;
- A recognised club;
- A health service body;
- A person who is registered under the Care Standards Act 2000 in relation to an independent hospital;
- A chief police officer of a force in England and Wales;
- Anyone discharging a statutory function under Her Majesty's prerogative;
- A person from an educational institute;
- Any other permitted person
provided that any applicant must not be under 18 years of age.
How do I apply?
Applications must be submitted to the Licensing Authority for the area where the premises are located.
You can apply online using the form here, alternatively you can download a form here and send the completed form with enclosures to the address given below.
Your application will include an operating schedule, see Part 3 of the application, please include a plan of the premises and a form of consent from the designated premises supervisor - available here (for applications where the sale of alcohol will be a licensable activity).
An operating schedule will include details of: (a) the licensable activity; (b) the times when the activities will take place; (c) any other times when the premises will be open to the public; (d) in the case of applicants who wish to have a limited licence, the period the licence is required for; (e) information in respect of the premises supervisor; (f) whether any alcohol that is to be sold is for consumption on or off the premises or both; (g) the steps proposed to be taken to promote the licensing objectives; (h) any other required information.
Applicants are required to advertise their application in accordance with the relevant regulations. You can download a template here, please refer to the guidance notes on how to complete it.
If no relevant representations (i.e. representations that were not deemed frivolous or vexatious) are received against your application, it will be granted as applied for upon completion of the consultation period.
A hearing must be held if any relevant representations are made (and not withdrawn) in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.
How long will it take to consider the application?
You are required to serve a copy of the application, including any accompanying documentation, to the "Responsible Authorities" on the same day as the application is given to the Licensing Team.
The consultation period is 28 days from receipt of the application. At the end of the consultation period, if no representations have been made, the licence will be granted and issued within a further 14 working days.
If relevant representations are made against the application and not subsequently withdrawn a hearing will be held within 20 working days after the end of the consultation period, where the matter will be considered by the Licensing and Environmental Protection Committee.
A decision notice will be sent within 10 working days of the determination.
A list of the Responsible Authorities along with their contact details is available here.
How much will it cost to apply?
Various fees apply which are set by Government and are based on the rateable value of the premises. The table of fees can be found here.
Will tacit consent apply?
Yes tacit consent will apply. This means that you will be able to act as though your application is granted if you have not heard from us by the end of the target period.
If my application is refused, how do I appeal?
Please contact us at the address given below in the first instance. There is a right of appeal against decisions of the Licensing Committee and appeals should be made to a Magistrates' Court within 21 days of the notice of decision.
What if I have a complaint or concern?
A copy of the licence is included within a public register which can be viewed here.
For further information
Please contact the Licensing Team at the address given below. Guidance for a new premises licence and variation of an existing licence is available here.
Environmental Health Service
Hambleton District Council
Telephone: 0845 1211555
Fax: 01609 767228