Home / Can I Apply For My Own Premises Licence?
22nd January 2025
Felicity Tulloch, Partner
It is not a requirement that you use a specialist licensing solicitor when applying for a premises licence. It’s also not necessary to get a dentist to pull out a tooth – but we think it’s always worth speaking to an expert when it comes to such important things!
There is an administrative element to applying for a premises licence, and whilst there is what looks at first glance to be a simple form to fill out, it’s how you fill it out that matters. Some of the questions are straightforward, but the responses given can have a lasting effect on the eventual look of your licence.
A well drafted application will result in a flexible, future-proof licence you can use as a tool to get the most out of your premises, making it an incredibly valuable asset for your business.
A poorly drafted application can create an overly restrictive licence which will cost more to comply with in the long run, and could hold you back as you look to grow.
In this article, we set out some of the key things to consider when applying for a new premises licence and how our team of licensing specialists can guide you through the whole application process.
An application for a premises licence must include the types of licensable activities you want to offer, and the hours during which you want to trade.
Whilst a licence is needed to sell alcohol, this isn’t the only activity which is licensable. DJs, live bands and the showing of films are just a few types of regulated entertainment that also need to be included if you wish to offer them. However, the Live Music Act 2012 relaxed some of the red tape around some of these activities and so that needs to be taken into consideration as well.
Whilst late night refreshment (which is the provision of hot food and hot drink between the hours of 11pm and 5am) is most commonly associated with takeaways, it also applies to restaurants and must be included in the application to avoid falling foul of the licensing regime.
The application form also requires you to set out the times and days you wish to operate. This needs careful consideration – balancing the needs of your business against your location. For example, you may face greater challenges if you wish to trade late into the night in close proximity to residential accommodation than you would if you plan to open a smaller premises just during the day.
It is also essential to have regard to what your Licensing Authority says in their Statement of Licensing Policy. They may have framework hours which need to be taken into account, or special policies for different areas.
Many towns and cities are covered by Cumulative Impact Zones (‘CIZ’). They typically cover particularly busy locations already well served by licensed venues and are used as a tool by Licensing Authorities (and relied upon by the Police and other responsible authorities) to limit the number of licences granted in areas where there is evidence to show that existing licensed premises may be contributing to problems that are undermining the licensing objectives.
If your site is in a CIZ, this could present a real barrier to your application and the onus is on you to show you should be treated as an exception to that policy. This requires specialist knowledge and pre-application consultation with the key responsible authorities, such as the Police and Environmental Health, to discuss the details of your application. The team at Kuits are experts at obtaining licences in particularly challenging locations.
An ‘Operating Schedule’ also needs to be submitted alongside the application. The OS not only shows that you have considered your local authority’s statement of licensing policy, but it also sets out the steps you intend to take to promote the licensing objectives which are:
It’s important to remember that anything proposed in the OS can be converted into conditions that then attach themselves to your premises licence by the Licensing Authority and becoming legally binding. You must therefore ensure not only that you are able to adhere to them, but that they are worded clearly and unambiguously.
Whilst conditions limiting capacity don’t often feature on premises licences nowadays, consideration needs to be given to what your capacity will be, not least in respect of fire safety regulations.
Considering capacity is particularly important for larger premises such as stadiums and arenas with a capacity of more than 5,000 people, because it also has a bearing on the application fee that is payable.
A Designated Premises Supervisor (or DPS for short) is usually the person in day to day control of the premises. It is a position of significant responsibility and that person must have a personal licence. A DPS must be specified on the application form if the application includes a quest to sell alcohol.
All applications for premises licences must include a plan. The Licensing Act 2003 sets out in accompanying regulations what that plan must show, and those requirements include setting out the position of any fixed furniture, the location of fire exits, toilets and kitchens. Our licensing team can advise you to ensure your plans are compliant.
Every premises licence application must be accompanied by a fee, and that fee is based on the premises non-domestic rateable value. Fees are banded, but multipliers are applied for larger premises. Paying the incorrect fee can delay the validation of an application.
After an application is lodged, it needs to be advertised by way of blue notices outside the premises and a local newspaper. This is a crucial step in the application process as, if this is not done correctly, the application may be deemed invalid, may need to be re-lodged and will certainly delay the grant of it.
Lodging the application is only the first step in obtaining a licence.
Once lodged and validated, there is 28-day consultation period during which any interested party can lodge a representation. Representations can be lodged both in support of an application, and against it. However, objections against an application are far more common and if those objections aren’t resolved, then a hearing is required before the Licensing Sub Committee of the Licensing Authority. Representation at those hearings is important to ensure that your case is presented in a clear and persuasive way. The team at Kuits are expert advocates and travel up and down the country securing licences for operators.
As you can see, there are lots of factors to consider when lodging a new premises licence application and this article has only scratched the surface. That’s why our licensing solicitors are at hand to proactively assist you through every step of the application process. If you need help applying for a new premises licence, please don’t hesitate to call us on 0161 838 7888 or email info@kuits.com.