(including public houses, nightclubs, off licences, restaurants, cinemas, theatres and late night refreshment houses)

General

• Children
• Interim Authority Notices
• Offences
• Advice from Responsible Authorities
• How to Transfer a Premises Licence
• How to Vary the Designated Premises Supervisor
• Printable Versions of these Guidance Notes

Licensing Objectives

You need to bear the four licensing objectives in mind when completing your application.  If your application goes to a hearing with the Licensing Sub-Committee, they will consider whether your application fulfils the licensing objectives.  The licensing objectives are:

• Prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• The protection of children from harm

Good Practice

There are a number of responsible authorities who will consider your application for a premises licence.  If they have concerns about what you propose to do they can make a representation.  You may wish to contact them when drafting your application in order to try to resolve any issues that could arise.

 Incomplete Applications

We cannot accept incomplete applications.  The time limit for processing will not start until you have supplied a correctly completed application, fee together with any other documentation, and have advertised your application as required. 

Duration of Licence

Premises Licences last for the lifetime of the business, unless you apply for a licence for a shorter period.

Designated Premises Supervisor

If you are applying for a Premises Licence that includes consent to supply or sell alcohol you must appoint a Designated Premises Supervisor (DPS).  You are only permitted to nominate one DPS per premises.  The DPS does not have to be present on the premises at all times.  However, as they are responsible for ensuring the premises are compliant with the law, we would suggest you appoint somebody who has some day-to-day responsibility for the running of the business.  The DPS will be responsible for the sale of alcohol on the premises at all times.

The DPS has to have a Personal Licence.  See our guidance “ Personal Licences” for more information.

Drinking Up Time

There is no set “drinking up time” in the Act, you must include the times you want to operate in your application.  You can effectively have a drinking up time by leaving a 30-minute gap between the time you finish selling alcohol and the time the premises close.

Structural Alterations

If you are making a minor alteration to the premises, such as adding an extra toilet, you can apply to for a Variation of your existing Premises Licence.  If the alteration is any more substantial than this, you will need to apply for a New Premises Licence.  We suggest you contact the Licensing Office at the address on the front of this guidance if you are unsure which application to make.

New Premises Licences - Completing the Application Form:  “Application for a Premises Licence to be granted under the Licensing Act 2003”

Premises Details

Enter the name, address, telephone number and rateable value of the premises.

Applicant Details

The first part of this section concerns the type of applicant you are.  Tick the appropriate box.  Go to the part of the form relating to the section you have ticked – e.g. Part A for individual applicants, and complete that part.

Signatures

If the application is made by a limited company, partnership or unincorporated association, someone who has the capacity to bind the company or partnership should sign.  Your Agent may sign providing he or she has actual authority to do so.

Where there are two applicants, they must both sign the form.

Checklist

Your application for a New Premises Licence must include the following:

The application form, completed in its entirety

• The fee
• The consent form from the proposed Designated Premises Supervisor, if that is not the applicant
• A plan of the premises

You must also:

• Send a copy of your application form and plan to the licensing team and the six responsible authorities
• Advertise your application in a newspaper circulating in the local area
• Advertise your application on a notice at the premises

Varying an Existing Licence - Completing the Application Form:  “Application to vary a Premises Licence under the Licensing Act 2003”

Premises Details

Enter the name, address, telephone number and rateable value of the premises.

Applicant Details

Enter the contact details for the licence holder.

Nature of Proposed Variation

Describe the changes you wish to make, for example, “Extend the sale of alcohol on Fridays and Saturday from 1000 – Midnight and include Live Music from 1700 – 2300 on Fridays.”

Operating Schedule

You only need to fill in the boxes relating to the activities you want to make changes to.

Signatures

If the application is made by a limited company, partnership or unincorporated association, someone who has the capacity to bind the company or partnership should sign.  Your Agent may sign providing he or she has actual authority to do so.

Where there are two applicants, they must both sign the form.

Checklist

Your application to Vary an existing Premises Licence must include the following:

• The application form, completed in its entirety
• The fee
• Your current Premises Licence or an explanation why you have not enclosed it
• If you are applying for a Variation that includes the sale of alcohol for the first time:  The consent form from the proposed Designated Premises Supervisor, if that is not you
• If you are applying for a Variation that includes minor structural changes to the premises:  A plan of the premises
  
  NB.  Major structural changes require an Application for a New Premises Licence

You must also:

• Send a copy of your application form and plan to the licensing team and the six responsible authorities
• Advertise your application in a newspaper circulating in the local area
• Advertise your application by way of a site notice posted at your premises for 28 consecutive days from the date we receive your application

Operating Schedules

Start Date

Tell us when you want the Premises Licence to start (providing it is granted).  This can not be sooner than 2 months from the day we received the application.  If the Licence is only for a limited period, you must also tell us when you want it to end.

Description of the Premises (Applications for a New Premises Licence only)

Your description should state:

• Whether the premises are detached, terraced etc. and what they adjoin
• Description of main use of premises, e.g. pub, takeaway
• How many floors the premises consists of
• Which floors are used for licensable activities
• What entertainment facilities are provided, if applicable
• Brief descriptions of what other parts of the premises are used for

Licensable Activities

Tick the boxes of the activities you want to have on the premises.

Licensed Activities and Opening Times

Fill in the boxes that relate to the activities you want to provide.  Times must be given in the 24-hour clock.  There are two boxes for times, to account for when there is a break during the day.

Seasonal Variations

This would allow you to open later, say, during the summer months (you would have to specify which months).  You need to say when you want to open and for how long.

Non Standard Timings

This caters for special occasions, New Year’s Eve, for example.  You may wish to stay open and serve alcohol all night on New Year’s Eve through to your usual close of business on New Year’s Day, so you can specifically ask for this by saying “10:00 on New Year’s Eve to 23:00 on New Year’s Day.”

Indoors or Outdoors

If licensed activities will take place in a building or similar structure, please tick “Indoors”.  If activities are to take place in the open air, or with a roof cover and no side wall covers, please tick “Outdoors”.  If you are a pub with a garden (for example) and you would like licensable activities to take place in the garden, you would tick both boxes.

Further Details

Tell us the kind of activity you will be providing, for example, in the Live Music box, you could say “Amplified and unamplified music from visiting bands.”

Hours Premises Are Open to the Public

This area is for you to say what time the public may enter the building or premises and what the latest time is they will leave, regardless of whether licensable activities are taking place.

Activities That May Give Rise to Concern in Respect of Children

This could include nudity or semi-nudity (such as exotic dancers), films for restricted age groups or the presence of gaming machines.

Steps You Intend to Take to Promote the Four Licensing Objectives

This is a very important part of the form.  You must use this area to demonstrate that you can run your business in accordance with the four licensing objectives.

You need to satisfy the responsible authorities and any other interested parties (e.g. local residents), that you can run the premises responsibly and in accordance with the licensing objectives.  If these people do not feel the steps you propose are adequate, they may object to the licence being granted.

It is in everybody’s interests to reduce the likelihood of people objecting to your application.  You must think very carefully about how you are going to address the four licensing objectives. 

Whatever you put in this section will become a condition of your licence.  Therefore you should not volunteer to do anything that you are not able, or not prepared, to do if the licence is granted.  You are not expected to address issues already covered by existing legislation, e.g. “I will not serve to people who are obviously drunk” or “I will not serve alcohol to under-18’s”.

Examples of things you may wish to consider are given below.

General – All Four Licensing Objectives

• Providing registered door supervisors
• Staff training on licensing issues
• Installing a CCTV system

The Prevention of Crime and Disorder

• Drugs policies/notices
• Membership of a local Pubwatch scheme
• Search policies
• Bottle bans

Public Safety

• Provision of emergency lighting
• Provision of additional escape routes
• Capacity limits
• First Aid provision
• Seating arrangements
• Use of special effects
• Number of attendants

The Prevention of Public Nuisance

• Provision and use of a noise limiting device
• Secondary glazing/soundproofing
• Keeping the music to a reasonable level
• Litter clearance
• Considerate loading/unloading arrangements
• Controlling noxious odours from cooking
• Closing external areas after a certain time
• Restricting hours that amplified music can take place
• Keeping doors and windows closed while the licence is being used
• Notices asking patrons to leave quietly

The Protection of Children From Harm

• Provision of children’s areas
• CRB checks of staff involved in looking after young people
• Proof of age cards
• A limit on the hours during which children can be present on the premises
• Requirement for attendants to be present when children’s activities are taking place

Which Activities Need a Licence?

• Plays – You do not need a licence if the play is purely for educational purposes, or it is part of religious worship (e.g. a Nativity play).
• Film Exhibitions – You do not need to apply for ‘film exhibitions’ if you simply wish to have the television on in the background.  Nor do you need to apply if you are only showing live television – for example, a live football match.  If you do apply for films, you will need to provide additional information about the seating arrangements at your premises and ensure that you are complying with the Fire Authority’s requirements for the showing of films.  We suggest you contact the Fire Authority before making an application for the showing of films.
• Indoor Sporting Events – You do not need a licence for traditional pub games that are played without an audience (e.g. darts, pool).  You do need a licence if the sport is going to attract an audience (e.g. a display match by visiting darts players).
• Boxing and Wrestling Entertainments – You need a licence for any boxing or wrestling events.
• Performance of Live Music – The ‘two in a bar’ rule no longer exists, so you will need a licence for any performance of live music, no matter how many people are performing or whether it is acoustic or amplified.
• Playing of Recorded Music – You do not need a licence for background music if it is incidental.  You do need a licence if the music is a reason, or becomes a reason, for people to attend.
• Performance of Dance – This means dancing by professional dancers. You do not need a licence for your customers to dance, but you will need to fill in the box marked “provision of facilities for dancing” if there is space for customers to dance.
• Entertainment of a Similar Description
• Provision of Facilities for Making Music – You need a licence if you provide facilities for customers to use for their own entertainment e.g. a karaoke machine. 
• Provision of Facilities for Dancing – For example, a dance floor/area.
• Provision of Facilities for Entertainment of a Similar Description –  For example, a microphone that is available for use by comedians, magicians, etc.
• Late Night Refreshment – This is the sale of hot food and drinks after 11pm.
• Supply of Alcohol – This includes situations where, for example, tickets to an event are sold with the promise of a ‘free glass of wine’.  This also includes things like wine tasting events, where members of a wine appreciation club pay a membership fee which covers the cost the wine being sampled.  It also includes where alcohol is being given away in return for a donation.

If you are still unsure whether the activities you provide require a licence, contact the Licensing Office at the number on the front of this form.

Minor Changes to Licensing Premises

The Licensing Act states that any change to premises which departs from the original licensing plan must trigger an application for either a new premises licence or variation to the existing premises licence. 

An application will be expected if any of the following examples apply (always seek advice from the licensing team): 

• when a drinking area or drinks sale area is about to be made much bigger
• where use of an escape route will be affected in a significant way
• where there will be significant interference with sight lines, where alcohol is sold
• if the new arrangement of the building and sources of sound may generate a nuisance

The Plan

The plan must be drawn to a scale of 1 centimetre to 1 metre, unless we have previously confirmed in writing to you that an alternative scale is acceptable.  The plan must show:

• The whole building, including non licensed areas
• Any external or internal walls which comprise the premises, or in which the premises are comprised
• All exits from the premises
• If different from the above, the location of the escape routes from the premises
• Areas where existing licensable activities take place
• In a case where the existing licensed activity relates to the supply of alcohol, the location(s) on the premises that are used for the consumption of alcohol
• Fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) that may impact on the ability of customers to use exits or escape routes without impediment
• In a case where premises include a stage or raised area, the location and height of each stage or area relative to the floor
• The location and type of any fire safety and other safety equipment including, if applicable, marine safety equipment
• The location of any kitchen on the premises

We strongly recommend that you seek advice from the Fire Authority when preparing plans of the premises.

Advertising Your Application

You must advertise your application on an A4 pale blue notice printed legibly in black ink displayed at the premises for 28 days (we will give you a form to fill in and display).  You must put the notice up the day after you make your application to the Council.  Council officers will check that you have displayed the notice and your application will not be accepted unless this is done.

The notice must be displayed prominently at or on the premises, where it can be conveniently read from the exterior of the premises.  If the premises are more than fifty metres square in size, you must display a duplicate notice every fifty metres along the external perimeter of the premises, abutting any highway.  Make sure the notice is clearly visible from the public highway and remember that wheelchair users will appreciate the notice within their readable distance, i.e. don’t put it too high.

You must also publish notice of your application in the local press within ten working days after the day after you make your application.  The wording of the newspaper notice will be the same as wording on your blue notice.  You must send a copy of the newspaper containing the advertisement to us as soon as it is published.

What Happens Next

Any of Responsible Authorities or local residents and businesses are entitled to make representations about your application, providing they are relevant to any of the four licensing objectives. 

If representations are made, the Council’s Licensing Committee (3 members) will determine your application.  The Committee is comprised of elected Members of the Council.

You will be invited to attend the meeting to give evidence, answer questions, and call any witnesses.  The Committee will listen to evidence from both sides before deciding whether to grant the application.  They may grant it as requested, grant with conditions (provided these are relevant to the licensing objectives) or refuse your application.

Appeals

If you are dissatisfied with a decision made by the Council, you may appeal to the Magistrates’ Court for the petty sessions area in which the premises are situated, within 21 days of being notified of the Council’s decision.  This will normally be the Bath Magistrates’ Court.

We have made this leaflet as comprehensive as possible.  However, in attempting to simplify the law, certain requirements have been omitted.  Full details of what you must do are in the legislation itself. 

Laws can and do change.  This information was accurate when produced, but may have changed since.  We must advise that only the Courts can give an authoritative opinion on statute law.

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Advice from Responsible Authorities

• Avon Fire and Rescue
• Child Protection Agency
• Environmental Protection

Avon Fire and Rescue - Advice to Applicants

Public Safety

In order to satisfy the licensing objective for public safety, the following actions must be taken:

1)  A risk assessment of the premises is a requirement under The Health and Safety at Work Act 1974. In accordance with regulation 3 of The Management of Health and Safety at Work regulations 1999 when 5 or more persons are employed to work the significant findings of the risk assessment must be documented.

2)  A fire risk assessment in accordance with regulation 8 of The Fire Precaution (Workplace) Regulations 1997 amended. When 5 or more persons are employed to work the significant findings of the risk assessment must be documented.

(Refer to FIRE SAFETY An employers guide.)

3)  A plan of 1:100 scale (unless otherwise arranged) of the premises should include the following details:

• The location and extent of the boundary of the building, if relevant, and any external and internal walls which comprise the premises, or in which the premises is comprised.
• The location of exits from the premises.
• If different from the location of exits, the location of escape routes from the premises.
• The locations on or from the premises to be used for the licensable activity and in the case of an application where the premises is to be used for more than one licensable activity the location for each activity.
• In a case where the application relates to the supply of alcohol, the location or locations on the premises which is or are to be used for the consumption of alcohol.
• 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.
• 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.
• The location and type of any fire safety and other safety equipment including, if applicable marine safety equipment.
• The location of a kitchen, if any on the premises.

4)  An assessment of the maximum number of persons permitted on the premises (including staff).

(Refer to the publications at Annex E and Annex F of Guidance Issued under section 182 of the Licensing Act 2003.)

5)  An assessment of the requirement to provide Door Supervisors.

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Child Protection Agency - Advice to Applicants

This advice is provided by Bath and North East Somerset Social Services on behalf of the Area Child Protection Committee.

Introduction

One of the objectives of the Licensing Act is the Protection of Children and the following guidance is intended to help applicants to achieve this objective and to help with the desired outcomes for the children who live in this area.

In the government document ‘Every Child Matters; Change for Children ,young people and children were asked about what was important in their lives .They identified the following outcomes which have now been adopted as the cornerstone of the Children Act 2004.

• Being healthy
• Staying safe
• Enjoying and achieving
• Making a positive contribution
• Achieving economic well being.

The local authority has these outcomes as the basis of all the services that are provided for or involved with children.

Alcohol

Age:    Provisions should be in place to see that alcohol is not served to, nor purchased on behalf of, under-age young people. This should include use of an identification scheme which involves specific documentation or photographic evidence from a passport or a driving licence.

Advertising: Applicants are commended to consider the ‘Code of Practice of the Naming, Packaging and Promotion of Alcoholic Drinks’ operated by the Portman Group. The code addresses issues about marketing alcohol in a manner which may appeal to or attract young people. Applicants should also give consideration to their soft drink pricing policy so as not to discourage consumption of soft drinks by young people.

Community

Drugs:  As well as issues about the sale of alcohol to young people the sale of and use of drugs on licensed premises is also a child protection concern.

Noise:  Managers of licensed premises or clubs that are situated in residential areas need to be aware that children and young people living near those premises may be disturbed by any excessive noise, including that made by customers leaving premises late at night. This should be addressed through verbal advice and written notices to customers or members.

Environment:  Where licensed premises or clubs are in close proximity to schools, nurseries, or other children’s provision, then there needs to be an awareness of issues of alcohol use and adult entertainment especially during the day and in garden or outside areas.

Premises

Entertainment:  All provisions must be in place for the protection of children from adult entertainment, including from the showing of films with inappropriate classifications, films considered unsuitable for children by the local council or where there is a strong element of gambling on the premises.

Child Entertainment:  Where an event takes place on licensed premises which is directly aimed at children, such as a children’s show or pantomime, then consideration must be given to the number of adults required to be present, and the responsibilities of those adults, to see that children are safe and protected from harm.           

Accommodation:  If the licensed premises include residential accommodation then consideration must be given as to how any residential provision for children is separated out from business premises.

Child-minding:  If children are living on the premises then adequate minding arrangements must be in place whilst their parents/carers are working. Working bar staff cannot mind children living in separate accommodation nor care for children within the licensed areas.

Restrictions:  Where the Licensing Authority has placed specific restrictions on a license relating to children then any breach of those restrictions coming to the attention of the County Council will be referred immediately to the Licensing Authority.

Smoking:  The affects of a smoking environment on children is a serious issue of harm and consideration must be given to having an area free from smoke on premises where children may be present.

People

Age of Staff: No staff under the age of 18 years are to be employed on the premises where adult entertainment takes place.

Criminal Records:  Any staff working on licensed premises who may have specific access to children through the nature of their employment (supervised play areas, children’s theatre or entertainment) must have appropriate Criminal Records Bureau checks.

Entertainers:  Any external children’s entertainers who are contracted to work on licensed premises should produce a personal and recent Criminal Records Bureau check or ‘subject access’ document from the police.

Contact

For advice or discussion please contact John Barnes 01225 396220.

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How to Vary the Designated Premises Supervisor

This application allows the Premises Licence Holder to nominate a new Designated Premises Supervisor (DPS). It does not alter the licence in any other way.

What is a Designated Premises Supervisor?

Any premises supplying alcohol must appoint a Designated Premises Supervisor (DPS).  This person is ultimately responsible for everything that happens on the premises.  You are only permitted to nominate one DPS per premises.  The DPS does not have to be present all the time.  However, as they are responsible for ensuring the premises are compliant with the law, we would suggest you appoint somebody who has day-to-day responsibility for the relevant part of the business.

The DPS should identify the members of staff who will take responsibility for the premises in their absence. It is good practice to specify in writing who the members of staff will be, possibly by way of a notice saying “I (name of DPS) in my capacity as Designated Premises Supervisor for (name of premises) nominate (name of staff member) to take responsibility of the premises during my absence.” Both the DPS and the nominated member of staff should sign the notice to confirm they both consent to the arrangement.

The DPS must hold a valid personal licence. A separate guidance sheet and application form is available

When would it be necessary to vary the DPS?

There are a number of occasions when it may be necessary to nominate a new Designated Premises Supervisor; the existing DPS may be moving away from the premises (including temporary absences of longer than one month) or they may have fallen ill and become unable to continue working.

Who should make the application to vary the DPS?

Only the Premises Licence Holder may make the application to vary the Designated Premises Supervisor. They will need to get the consent of the proposed new DPS in order to complete the application.

Does changing the DPS alter the licence in any other way?

No, as mentioned before this application only changes the person nominated to as the Designated Premises Supervisor. Any other changes will require an application to vary the licence. Separate guidance is available.

What about the existing DPS?

The premises licence holder must inform the existing Designated Premises Supervisor of the application to nominate a new DPS. Failure to do so is a criminal offence.

Applying to Vary the Designated Premises Supervisor

Forms may be downloaded from our application forms webpage or you can contact us directly and we can post/email one to you. 

Documents to be Included

You must enclose the following:

• A completed application form including the consent of the proposed new DPS.
• The fee of £23 made payable to Bath and North East Somerset Council (B&NES)
• The existing premises licence, if available, or the reasons why you have not been able to supply it.

The application should be sent to:

Licensing Services
9-10 Bath Street
Bath
BA1 1SN

Copy to the Police

A copy of the completed application form must also be sent to the Police at the following address:

Avon and Somerset Constabulary
Liquor Licensing Bureau
New Bridewell
Bridewell Street
Bristol
BS1 2QH                                   

Incomplete Applications

We cannot accept incomplete applications. The time limit for processing will not start until you have submitted a correctly completed application form, fee, all other documentation required and a copy has been received by the Police.

When you are unable to enclose the existing premises licence

If you cannot enclose the existing premises licence you must state on the application form what steps you have taken to obtain it and why you have been unable to do so.

Notifying the existing Designated Premises Supervisor

Where there is already a Designated Premises Supervisor for the premises, you must give them a copy of your application. Failure to notify them is a criminal offence, punishable on summary conviction by a maximum fine of £1,000.

When does the DPS variation take effect?

The DPS variation will take immediate effect.

What happens to your application?

The Police have 14 days to consider your application and to make a representation if they have any concerns.

If a representation is made, a hearing will be held to determine the matter. The DPS variation will continue to be in effect until the outcome of the hearing.

If no representations are made the transfer application will be granted at the end of the 14 day period.

This information has been made as comprehensive as possible.  However, in attempting to simplify the law, certain requirements have been omitted.  Full details of what you must do are in the legislation itself. 

Laws can and do change.  This information was accurate when produced, but may have changed since.  We must advise that only the Courts can give an authoritative opinion on statute law.

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