Help Completing a Premises
Licence Application Form
Introduction
This document may assist you when completing a premises licence application
form. The form can be found on our website www.torbay.gov.uk/licensing-act2003 – “Application for a premises licence to be granted under the Licensing Act
2003, application form (B)” or from Connections offices or libraries.
At the top of the first page of the application form you will need to write the
name(s) of the person(s) applying for the licence. This may be individuals,
Limited Company or Charities for example.
If you require this in a different format or language,
please contact the Licensing Team on 208025 or at
Licensing@gov.uk
Part 1 – Premises Details
Write the name, postal address and telephone number of the premises for which
you require the licence.
The non-domestic rateable value of the premises can be found on your most
recent information from the Valuation Office, or by going to www.voa.gov.uk. If
the premises to be licensed does not have a non-domestic rateable value e.g.
mobile vehicle or boat, please write none, this will mean that you are charged the
Band A fee for the licence application.
The information on up to date fees can be found on our website or by contacting
the Licensing section.
www.torbay.gov.uk/licensing-act-2003
Part 2 – Applicant Details
You need to tick one box from a-h and follow the instructions on the application
form, as to whether you need to complete (A) Individual Applicants or (B) Other
Applicants.
Please note there is a small * next to Part 2 (a) and Part 2 (b) which requires
further information to be completed. This section can be found beneath Part 2(h)
on the application form.
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Part 3 – Operating Schedule
Please state when you want your licence to start. The application has to go
through a consultation period of 28 days, prior to being granted or if
representations are received it will be referred to a Licensing (sub) Committee
Hearing.
Please specify in the box provided the number of people expected to attend the
premises at any one time, if 5,000 or over. (There is an additional charge levied
for premises allowing 5,000 or more people.)
Please give a general description of the premises – this will assist the
consultation process for those who are not familiar with your premises. (There
are notes at the end of the application form giving guidance to the amount of
detail required. Please refer to guidance note 1.)
Licensable Activities
Please tick each of the activities you wish to have included on your licence.
Beside each activity, you will then be directed to the next section requiring
completion.
e.g. Supply of alcohol (if ticking yes, fill in box M).
In all cases boxes N, O and P must be completed.
When completing the relevant boxes for each of the activities you are requesting,
please ensure you fill in the timings you require for each day of the week, using
the 24 hour clock. (Note at this stage of the form there are various references to
the guidance notes 2, 3, 4, 5, 6 and 7 at the end of the application form to assist
you.)
You need to tell us where you wish to carry out the activity by ticking the
appropriate box e.g. indoors, outdoors or both.
Seasonal variations – This box can be completed to cover additional variations
required for seasonal activities e.g. normal activities occur on Friday and
Saturday all year, but you require the activity 7 days a week for the month of
July. (Refer to guidance note 4.)
Non-standard timings – this box can be completed to cover the additional hours
required for specific days, e.g. an extra hour at closing on Easter Sunday, or
Christmas, New Year etc.
At the end of Part 3(M) you will find a box requiring the details of the proposed
Designated Premises Supervisor (DPS). These details are only required if you
intend selling alcohol.
The DPS must hold a personal licence and consent to taking on this responsible
position. The proposed DPS must sign the completed form “Consent of
Individual to being specified as Premises Supervisor (Part A)”. This completed
form must accompany the Premises Application form.
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A premises licence will not be issued for alcohol sales until there is a DPS in
place. A DPS must hold a personal licence.
Part 3 Box N
Box N must be completed for all applications, if none please state that on the
form (refer to guidance note 8).
Part 3 Box O
The hours you intend to be open to the public must be completed for each day,
using the 24 hour clock. (If you are a residential hotel and require different
timings for your residents e.g. 24 hours for those staying in the hotel, please
specify in the non-standard timings section). You may wish to consider an extra
half an hour after alcohol sales cease for a calming down period.
Box P
This section of the application form is extremely important. Anything you write
here will become a condition on your new licence. You may wish to attach
clearly labelled additional sheets of paper, if you do not have enough room.
The information you provide in this section tells the responsible authorities
(consultees) what controls you will put in place and how you intend to satisfy the
four licensing objectives. You may wish to familiarise yourself with the Torbay
Licensing Policy which is available at Connections Offices, Libraries and on our
website (www.torbay.gov.uk).
To guide you towards some conditions that may be suitable for your business,
we have a document titled “Guidance on meeting the licensing objectives and
writing the operating schedule” published on our website as “Model Conditions”
or available from our office.
The Responsible Authorities are also available to give you advice on the types of
conditions they are looking for.
Torbay Council has a Cumulative Impact Area identified for the central part of
Torquay town and harbour area. Details are contained within the Torbay Council
Licensing Policy, available from Connections offices, and libraries There is an
expectation that any additional applications for alcohol sales in this area will be
refused, however this may be overcome by proving that the establishment and
controls by way of the operating schedule, will not impact of the licensing
objectives.
Please check that you have enclosed all documentation required for the
application, there is a tick box just prior to Part 4, which needs to be completed
and will act as an aide memoire.
Details of what to provide on the plan are enclosed at the end of this document
as Appendix 2. In summary you will need to submit plans at a scale of 1:100
(unless previously agreed with the licensing section), mark on all fire equipment,
exits and entrances, fixed structures etc. Please ensure you make it clear as to
where different licensable activities are going to take place on the plan.
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Part 4 – Signatures
All applicants or solicitor or authorised agent must sign the form.
If you require any correspondence relating to this application to be sent to an
alternative address, then please ensure the appropriate details are completed.
What Happens Next
You should now have reached the end of the application form.
Please check through the form to make sure all appropriate parts are completed.
Once you have sent your completed application, with all the necessary
documentation and fee to the Licensing Section of Torbay Council and copies of
application form to the statutory consultees, the statutory consultees then have
28 days to make any representations to the Licensing Section. You will also
have advertised your application, allowing interested parties an opportunity to
comment on your application. (Please see Appendix 2.)
Any representations received must relate to one of the four licensing objectives.
The council’s licensing officers can reject any representations that are vexatious,
frivolous or repetitious.
If representations are received you will be notified of them at the end of the
consultation period. The application will have to go to a licensing committee
hearing, where a small group of Torbay Councillors will hear all the facts of the
matter and make a decision.
You will be notified of any hearings and given the opportunity to attend in person.
If this happens you will need to advise the Licensing Team that you intend to
attend and if you are to bring anybody else with you to support your application.
This will be made clear at the time.
In order to give your application the best chance of success, please take the time
to ensure that you submit a complete package of information to the Licensing
Team and all the other consultees. If any part of the application is incomplete, or
a vital document is missing, then the application will be rejected. This is both
time consuming and frustrating for you and the Licensing Team.
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Appendix 1
Plans
The Regulations state that the plan of the premises must be in standard scale
(1:100), unless previously agreed in writing to Torbay Council’s Licensing
Section.
The regulations specify the plan must show:a) The extent of the boundary of the building, if relevant, and any external and
internal walls of the building and, if different, the perimeter of the premises;
b) The location of points of access to and egress from the premises;
c) If different from (b), the location of escape routes from the premises;
d) In a case where the premises is used for more than one licensable activity,
the area within the premises used for each activity;
e) Fixed structures (including furniture) or similar objects temporarily in a fixed
location (but not furniture) which may impact on the ability of individuals on
the premises to use exits or escape routes without impediment;
f)
In a case where the premises includes a stage or raised area, the location
and height of each stage or area relative to the floor;
g) In a case where the premises includes any steps, stairs, elevators or lifts, the
location of the steps, stairs, elevators or lifts;
h) In a case where the premises includes any room or rooms containing public
conveniences, the location of the room or rooms;
i)
The location and type of any fire safety and any other safety equipment
including, if applicable, marine safety equipment; and
j)
The location of a kitchen, if any, on the premises.
The plan may be illustrated by the use of symbols on the plan with an
appropriate key.
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Appendix 2
Advertisement of
applications
In the case of an application for a premises licence, the applicant must
advertise the application.
1) For a period of no less then 28 consecutive days starting on the day after the
day on which the application was given to Torbay Council, by displaying a
notice,
(i)
which is:of a size equal or larger than A4,
of a pale blue colour,
printed legibly in black ink or typed in black in a font of a size equal to
or larger than 16;
(ii)
in all cases, prominently at or on the premises to which the application
relates where it can be conveniently read from the exterior of the
premises and in the case of a premises covering an area of more than
fifty metres square, a further notice in the same form and subject to
the same requirements every fifty metres along the external perimeter
of the premises abutting any highway;
and
2) by publishing a notice:(i)
in a local newspaper circulating in the vicinity of the premises (Herald
Express).
(ii)
on at least one occasion during the period of ten working days starting
on the day after the day on which the application was given to the
relevant licensing authority.
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The following information must be provided in the notices:a) the name of the applicant;
b) the postal address of the premises, or if there is no postal address for the
premises a description of those premises sufficient to enable the location and
extent of the premises or club premises to be identified.
c) The postal address and, where applicable, the worldwide web address where
the register of the relevant licensing authority is kept and when the record of
the application may be inspected;
d) The date by which an interested party or responsible authority may make
representations to the relevant licensing authority;
e) That representations shall be made in writing; and
f)
That it is an offence knowingly or recklessly to make a false statement in
connection with an application and the maximum fine for which a person is
liable on description of the proposed variation.
g) A brief description of the proposed application, including the times the
premises is open for the sale of alcohol, supply of hot food and regulated
entertainment opening hours.
It is suggested that you use a duplicate site notice when submitting
your advert to the Herald Express, and request that it is as small as
possible.