Licensing Act 2003 - Premises Licences

Premises Licences

A premises licence is required for any premises offering licensable activities. However, once a licence is granted it is valid for the life of the business, in contrast to the predecessor schemes which generally had to be renewed annually. The application for a premises licence must set out the terms of operation, and these will become the main conditions of any licence. It must also include a floor plan of the premises, and other general details.

A premises licence that includes sale of alcohol must name a designated premises supervisor, who must themselves have a personal licence, and who must counter-sign the application. Applicants must send a copy of the application to the licensing authority (the council), the police, the fire authority, the health and safety enforcement agency, Environmental Health (in most cases), the Child Protection Committee, the planning authority and the weights and measures/trading standards authority. Any interested party may make representations. If representation is made, the licensing authority must hold a hearing in most cases.

After the hearing, the authority can make one of five decisions: to grant the licence with conditions that match the operating schedule (and conditions can be added); to exclude some licensable activities from the application; to refuse to accept the person specified as designated premises supervisor (but only on police advice); to approve different part of the premises for different activities; or to reject the application entirely. An unsuccessful applicant can appeal to the Magistrates' Court; unusually, an interested third party who disagrees with a decision to grant a licence can also appeal against the council's decision.

Any interested party (which could include neighbours, or the fire authority, for example) can also apply to the licensing authority for a review of an existing licence, with the aim of amending its conditions or revoking it entirely.