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Alcohol and Entertainment - Premises Licence

Application for a Premises Licence

Under the Licensing Act 2003 a premises licence is required for all premises undertaking the supply of alcohol and/or providing late night refreshment. In certain circumstances a premises licence will also be required in order to provide regulated entertainment.

Premises undertaking the supply of alcohol must appoint a Designated Premises Supervisor (DPS) and that person must hold a personal licence.

Any application for a premises licence will necessitate you completing an operating schedule and submitting a scaled plan (normally 1:100 scale) of the premise. An operating schedule is a document that you prepare from a risk assessment showing how you will promote the four licensing objectives:

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

It is important to note that the above are the only licensing objectives and each is of equal importance.

The operating schedule should be prepared from a risk assessment carried out regarding the activity or activities you wish to undertake. Expert advice may be required to ensure you address all the risks to the objectives. The Police (and other Responsible Authorities) may request sight of the risk assessment to ensure that all the issues have been addressed.

You need to satisfy the Responsible Authorities and any other interested parties (e.g. local residents), that you can run the premises responsibly and in accordance with the licensing objectives. If these people do not feel the steps you propose are adequate, they may object to the application being granted.

Applicants should give consideration to the local area and reflect this in their premises licence application. This includes demonstrating an awareness of the local community (e.g. social-demographic characteristics, specific local crime and disorder issues and awareness of the local environment).

A premises licence can be for an indefinite period, or for a period specified by you as the applicant. It is also important to remember that any licence granted will be subject to an annual premises fee payable to the Licensing Authority.

Complete copies of the premises licence application (including the operating schedule) must be served on all the following responsible  authorities: -

  • Lincolnshire Police
  • Lincolnshire Fire and Rescue
  • Lincolnshire Trading Standards
  • Development Control Team, East Lindsey District Council
  • Health and Safety Team, East Lindsey District Council
  • Environmental Protection Team, East Lindsey District Council
  • Child Protection Team, Lincolnshire County Council
  • NHS Lincolnshire
  • Home Office Immigration Team

Once an application is submitted and accepted as valid, the Council and the Responsible Authorities are on fixed timescales to process the application. It is therefore essential that wherever possible you liaise with the Responsible Authorities regarding any application. Failure to do so may lead to a representation from a Responsible Authority, which if unresolved will lead to a Licensing Sub-Committee hearing (consisting of Councillors) and perhaps thereafter an appeal to the Magistrates Court. All this will entail expense and time.

The guidance leaflet, at the bottom of this page, gives general guidance on how to apply for a premises licence and details of licence fees.

Word document versions of the application forms and further guidance can be found on the GOV.UK website:

https://www.gov.uk/government/publications/premises-licence-application-forms

Music Copyright

The Council does not deal with music copyright issues - the relevant authority is PRS for Music:  PRS for Music

If you wish to take over a premises licence, you must make an application to transfer it and also obtain consent from the existing licence holder. A premises licence can only be transferred to a party who would be in a position to use the premises for licensable activities authorised by the premises licence.
The holder of a premises licence may apply to vary the person named as the Designated Premises Supervisor (DPS) on the licence.
There are two types of variation of an existing premises licence which can be made - a minor variation (for small changes to the licence) and the normal variation process (for more significant changes).
Under Section 33 of the Licensing Act 2003 the holder of a premises licence, must as soon as is reasonably practicable, notify the Licensing Authority, of any change in their name or address.
Under the Licensing Act 2003, it is a mandatory requirement for all licensed premises in England and Wales to adopt an age verification policy in relation to the sale or supply of alcohol.
If you sell alcohol to another business, you may need to apply for approval for the Alcohol Wholesaler Registration Scheme (AWRS). HMRC introduced the scheme to tackle alcohol fraud.
If you are the freeholder, leaseholder or occupier of a property which has a Premises Licence, you may notify the Licensing Authority of that interest and we will advise you when an application is received in respect of those premises.
Community, church or village halls that want to sell alcohol or already sell it can apply for the sale of alcohol to be made the responsibility of a Management Committee instead of a Designated Premises Supervisor (DPS). Such community premises can also apply to replace the DPS on the premises licence (if they already have one) with the Management Committee.