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Licensing FAQ's

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What is a Premises Licence?

Since the Licensing Act 2003 came into force in November 2005 a new system of Personal and Premises Licence has been set up, enforced by the Local Authority, rather than the Court.

You must have a Premises Licence if you wish to sell alcohol or provide regulated entertainment or late night refreshment.  You also need to have a Designated Premises Supervisor (Personal Licence holder) named on the licence, to permit you to sell alcohol under the terms of the Premises Licence.

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Are you are planning to buy premises which already has a licence?

You will need to arrange for Transfer of the Premises Licence.  To do this the seller’s Solicitors should send us the Original Premises Licence and Consent to Transfer.

You will also need to arrange for variation of the Premises Licence to show the new Designated Premises Supervisor.  The DPS must hold a Personal Licence – see below

You should also check that the licence meets your needs; if not you may wish to apply for variation – see below.

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Do you want a licence for your existing or new premises?

If you decide to apply for a new licence we will explain the procedures involved and consider the types of licensable activities, hours and conditions you may need.

The application must be accompanied  by a compliant plan and sent to the relevant authorities.  It must be advertised on the premises and in the local paper.  If there are no objections or representations in the 28 day consultation period that follows, then the application will be granted.

If there are objections we will assist in trying to negotiate a compromise.  If that proves impossible, then the application will be heard by the licensing committee of the local council.  We can provide you with the necessary representation.

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Do you already have a licence and wish to expand?

Whether you already own the premises, or are in the process of buying them, you may decide that the existing Premises does not suit your needs.  We can advise you on whether to seek a variation of the licence and deal with the application for you.

The procedure for variation is very similar to that when applying for a new licence, and will involve the need for notices and consultation, with the prospect of a hearing before the licensing committee if there are any unresolved objections.

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What is a Designated Premises Supervisor?

A Designated Premises Supervisor (DPS) is a Personal Licence Holder, named on the Premises Licence as being the person in charge.  You are not permitted to sell alcohol without a DPS in place.  If you, as owner of the premises, employ your DPS you may find yourself in difficulties if the DPS leaves at short notice.   It is therefore recommended that you consider employing more than one Personal Licence holder.  

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Have you got a Personal Licence?

To apply for a Personal Licence you firstly need to obtain a Personal Licence Holder’s qualification and Criminal Records Bureau disclosure, before then applying to the local authority where you live for a Personal Licence.  The qualification on its own is not enough.  Please contact us if you need further guidance on this.

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Contact information

Suzie Fisher

Suzie Fisher - Legal Executive

Telephone: 01539 720136

Our clients say...

  • In both business and personal advice, we have always been very satisfied. Suzie has been of great help and we will be happy to recommend her to anyone requiring legal services

    SH Coniston   (May 2010)
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