Provisional Statements and Provisional Premises Licences

Provisional statements can be described as ‘licences in principle’, and developers of leisure premises have historically used these to establish the principle of an authorisation before working up sufficient detail to apply for a full premises licence. However, they have fallen out of favour in recent years as they do not remove the need for a subsequent premises licence and so do not always offer the best way forward.

As such, they have become unpopular in favour of what we call “Provisional Premises Licences.”

On the face of it, where premises have not yet been built, an application for a Provisional Premises Licence can raise some practical problems. However, in our experience, particularly with the co-operation of the Licensing and other Responsible Authorities, such hurdles can be overcome. Pre-application consultation is key to this.

A Provisional Premises Licence can be applied for and granted before details that would normally be required for a new application are known by the developer. For example, a plan may be submitted which simply shows the outline of a building. Once fit out details are confirmed, a variation application can be submitted to render the licence fit for trade.

Once granted, a Provisional Premises Licence tends to be sufficient to persuade interested operators to commit to signing an Agreement for Lease. Developers wishing to discuss licensing strategy and the use of Provisional Premises Licences should contact us in order that we can discuss the best way forward for their particular project.

Q: How soon can a ‘provisional premises licence’ be applied for?

A: Provisional premises licences can be applied for, and granted, before a development has begun.  Provided that there is a scheme for the development, an outline plan, and an idea of the sort of tenant that is sought, an application can be lodged.  They can be particularly valuable within mixed-use schemes which includes a significant residential element.  Licences can be granted before residents have moved in, and so all parties are aware of the plans for the scheme.