Premises licence application
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A premises licence authorises the use of premises for 'licensable activities'.
The Council has adopted a Cumulative Impact Policy to establish Cumulative Impact Zones. The policy applies only to Off-Licences. If applicable, ensure you check if your premises in a Cumulative Impact Zone (CIZ).
Please note: If you are applying to sell/supply alcohol, you will also need to provide the Consent to be nominated as the Designated Premises Supervisor (DPS) form . If you already have this form, please attach it as supporting documentation when you complete the new premises licence form.
The Licensing Act 2003 sets out licensing objectives that must be promoted by Brent Council and licensees. These are:
- the prevention of crime and disorder;
- public safety;
- the prevention of public nuisance;
- the protection of children from harm.
Conditions and criteria
Any of the following may apply for a premises licence:
- anyone who carries on a business which involves the use of the premises for licensable activities;
- a recognised club;
- a charity;
- a health service body;
- a person who is registered under the Care Standards Act 2000 in relation to an independent hospital;
- a chief police officer of a force in England and Wales;
- anyone discharging a statutory or function under Her Majesty's prerogative;
- an educational institution;
- any other permitted person.
Applicants must not be under 18 years of age.
What is regulated entertainment?
Regulated entertainment is entertainment provided in the presence of an audience, for the purpose of entertaining that audience. For example:
- The performance of a play;
- The exhibition of a film;
- An indoor sporting event;
- Boxing or wrestling;
- A performance of live music;
- Any playing of recorded music;
- Performance of dance;
- Entertainment of a similar description (such as a karaoke).
It also includes the provision of entertainment facilities, that is facilities used for:
- Making music (for example a piano);
- Dancing (for example a dance floor);
- Entertainment of a similar description (karaoke machine).
Filling in the application form
Applications must be sent to the licensing authority for the area where the premises are located.
Applications must be in the specified format and be accompanied by the required fee, an operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).
If you do not know the rateable value of your premises we will accept an interim fee as follows:
For existing premises you should use band B.
For new-build or premises under construction you should use band C. See a list of fees.
Applications without these fees will not be processed until the correct fee is received.
Once we determine the rateable value, we will either ask you for the additional fee or refund any overpayments. If you send us the incorrect fees this may slow down the application process and could result in your application not being granted until the correct fee is received.
Help with the 'operating schedule' section
Before you start an application, read the guidance notes at the bottom. You need to have planned your answers to the section about your club operating schedule, in particular. This will ask you to provide information on:
- the licensable activities;
- the times when the activities will take place;
- any other times when the premises will be open to the public;
- in the case of applicants who wish to have a time limited licence, the period for which the licence is required;
- information in respect of the designated premises supervisor;
- whether any alcohol that is to be sold is for consumption on or of the premises or both;
- the steps proposed to be taken to 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);
- any other required information.
[Quick guide : In your explanation about licensing objective 4 - the protection of children - you should give information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups, gambling machines etc ]
Advertising your application
Applicants are required to advertise their application and send a copy of the application to the responsible authorities, eg, chief police officer, fire authority etc.
- Applications for a new licence for premises must be clearly advertised on blue paper in a position where it can be clearly read from the street. Download a blue notice template
- Premises licence applications must also be advertised in a local newspaper (Wembley Observer, Kilburn Times or Willesden and Brent Times) within 10 working days of submission. Download a media notice template
The licensing authority must grant the application where no representations have been received within the consultation period. Where representations are received, a Licensing Sub-Committee hearing must be held to consider the application. The Licensing Sub-Committee can grant the application subject to additional conditions; licensable activities and/or times listed in the application can be excluded or varied or the application can be refused in full. The prime concern for the Licensing Sub-Committee will be to ensure that the Licensing Objectives can be upheld.
Following a hearing of the Sub-Committee, the licensing authority will serve a notice of its decision on the applicant and any interested party or responsible authority who submitted a relevant representation.
Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made.
Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.
How long is a premises licence valid?
A premises licence has effect until the licence is revoked, suspended or surrendered. This means it is not time-limited (unless the applicant specifically requests this for example for a music festival).
What happens if your application is not processed by the local authority within the timescales stated?
Tacit consent applies. This means that you will be able to act as though your application is granted if you have not heard from the Local Authority by the end of the target completion period, but only where no objections are received. If objections are received from responsible authorities and/or interested parties, then you must wait for the council to determine the application before any licensable activities can take place.
Note: Minor Variations
Tacit consent will not apply for a 'minor variation'. This means that there are:
- certain time limits set down in the legislation for a 'minor variation' that enable the Local Authority (we) to test whether a proposed minor variation could impact adversely on any of the four licensing objectives, namely, the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm.
So, it is in the public interest that we must process your application before we can grant a minor variation. We must wait until a ten working day period has elapsed before determining the application, but must do so at the latest within fifteen working days, beginning on the first working day after we have received the application, with the effect either that:
- the minor variation is granted; or
- the application is refused.
If we fail to respond to you within fifteen days, your application will be treated as refused and we must return your fee. If we have not contacted you by the end of the target completion period, please contact us.
Target completion period
Insofar as the other applications listed below are concerned, we will process your application as quickly as possible and, in any event, within the following timescales:
|
Application |
Processing times (days) |
Tacit consent |
|---|---|---|
|
Application for a premises licence |
28 calendar followed by 20 working |
YES |
|
Apply to vary a premises licence |
28 calendar followed by 20 working |
YES |
|
Application to transfer a premises licence |
14 calendar |
YES |
|
Consent for the transfer of a premises licence number |
14 calendar |
YES |
|
Application to vary an individual as designated premises supervisor |
14 calendar |
YES |
|
Consent to be nominated as the designated premises supervisor |
14 calendar |
YES |
|
Request to be removed as a Designated Premises Supervisor (DPS) |
5 working |
YES |
|
Application to remove the Designated Premises Supervisor (DPS) provisions |
10 working |
YES |
|
Interim authority notice |
14 calendar |
YES |
|
Notification of an interest in premises under Section 178 |
5 working |
YES |
|
Provisional statement |
28 calendar followed by 20 working |
YES |
|
Notification of change of name or address |
14 calendar |
YES |
If the correct documentation is submitted we will endeavour to issue the licence within 8 weeks providing the application does not have to be heard by the Licensing Committee.
Fees and charges
An annual fee is payable on the anniversary of the grant of a licence. An invoice will be sent to you when the payment is due.
Once completed, send all documents with the appropriate fee to the Licensing team at Brent Council. If you wish to pay by cheque, please make it payable to the London Borough of Brent.
What means of redress are available?
An appeal process is available to the applicant and those who made representation to an application, if they are not satisfied with the decision of the licensing committee.
The licensing authority issues a notice of decision to the applicant and anyone who made relevant representations (ie representations that were not deemed frivolous or vexatious). Appeals can be made against new grant, variation and review applications.
Any appeal must be made at the local Magistrate's Court within 21 days of the date the applicant was informed of the Committee's decision.
Complaints against premises licence holders
We would always advise that in the event of a complaint, you make the first contact with the trader - preferably in the form a letter (with proof of delivery). If that has not worked and you are located in the UK, Citizens Advice consumer service will give you advice. From outside the UK, contact the UK European Consumer Centre .
Other redress
Should you need to complain about, for example, noise, pollution, etc. or should one licence holder have cause to complain about another - please contact the council's contact centre in the first instance.