Newark & Sherwood District Council

Who needs a Premises Licence?

This licence is required for buildings or areas that provide:

• The sale of alcohol
• The supply of late night refreshments i.e. hot food or drink between the hours of 11pm and 5am (this will include mobile vans)
• The provision of regulated entertainment - which includes the performance of a play, an exhibition of a film, an indoor sporting event, recorded music, live music, a boxing or wrestling entertainment, a performance of dance and the provision for making music or for dancing

How do I apply for a Premises Licence?

An premises licence application (PDF File, 716kb)  must be made to the licensing authority- the authority within whose area the premises is situated. If the premises is situated in Newark and Sherwood, then this council will process the application.

To make an application you must submit:

• A completed application form
• Plans of the premise
• The correct fee (PDF File, 159kb)  
• Identity and consent of Designated premises supervisor (if licence includes sale of alcohol). Copies of application to be sent to responsible authorities which will include police, fire service, environmental health and local planning
• Operating schedule
• Advertise the proposed use or variation on the premises in the prescribed form
• Advertise the proposed use or variation in a newspaper circulating in the vicinity of the premises

Responsible authorities and interested parties will be able to make representations against the proposed use or variation applied for. This means they can make valid objections against the application, giving reasons why they think it shouldn’t be allowed. The period in which representations can be made is 28 days from the day the council receives the application.

If there are no representations the licence will be granted on the 29th day. If there are any representations made, the application will go for a hearing before this council’s Licensing Committee/Panel for a decision within 20 working days after the intial representation period.

What is an operating schedule?

While the precise detail of each will be slightly different the key details on the operating schedule will include:

• The licensable activities to be carried out
• The proposed hours that the relevant licensable activities are to take place
• The proposed hours that the premises are to be open to the public
• Details of who is to be the designated premises supervisor if the licensable activities include the supply of alcohol
• Where alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off premises
• A statement of the steps the applicant proposes to take to promote the licensing objectives (for example, the arrangements for door security to prevent crime and disorder)

What is a Designated Premises Supervisor?

A Designated Premises Supervisor is required if the Premises Licence includes the sale of alcohol. He/she must hold a Personal Licence and is the person specified on the Premises Licence who is responsible for authorising the supply of alcohol. This person must be readily identifiable and will normally be given day-to-day responsibility for running the premises.

Children

Under the act it is unlawful to allow any unaccompanied child under the age of 16 to be present on authorised premises which are exclusively or primarily used for supply and consumption of alcohol. This applies to premises operating under a Premises Licence, a Club Premises Certificate or a Temporary Event Notice. In effect, this would apply to most pubs and bars where restaurant and food facilities are not provided as a permanent feature or attraction.

It is unlawful to allow children under 16 not accompanied by an adult into any premises supplying alcohol for consumption there, between midnight and 5 a.m. The most obvious examples of these premises would be nightclubs.

Minor Variations

There are four main types of application to vary a premises licence (PDF File, 119kb) that can be made:

• Minor changes to the structure or layout of premises
• Small adjustments to the licensing hours
• Conditions: removal of out of date irrelevant or unenforceable conditions
• Licensable activities: adding certain licensable activities, including live music.

Any local resident or local business can ask the licensing authority to review your premises licence at any time. A responsible authority such as the police, fire service or environmental health can also ask for a review of your licence if they believe that problems are undermining one of the licensing objectives. Local authorities must advertise the application and invite representations from responsible authorities and residents.

Minor variations NOT acceptable under this process are:

• Extending the period for which licence/certificate has effect
• Varying substantially the premises to which it relates
• Specifying an individual as the premises supervisor
• Adding the supply of alcohol as an activity authorised by the licence or certificate
• Authorising the supply of alcohol between the hours 11pm and 7am, or increasing the amount of time on any day during which alcohol may be supplied
• Removing the requirement for a DPS at a community premises.

The fee per application is £89. There are no exemptions to this fee (i.e. an otherwise exempt school still has to pay the £89 fee).

Annual fees remain unaffected and fall due as per the original grant.

Review of Premises Licence

Any local resident or local business can ask the licensing authority to review a premises licence at any time, by completing and submitting an application form. A responsible authority such as the police, fire service or environmental health can also ask for a review of a licence where they believe that problems are undermining one of the licensing objectives. Local authorities must advertise the application and invite representations from responsible authorities and residents.

What happens at a review?

You are invited to attend a hearing at the council's offices before the Licensing Sub-Committee, which will consider the representations that made. The Licensing Authority can then modify any conditions of the licence, exclude a licensable activity, request the removal of the designated premises supervisor, suspend the licence for up to three months, or revoke (remove) the licence completely.

The Department for Culture, Media and Sport has provided some guidance notes (PDF File, 2,519kb) for interested parties. 

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