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  10. Premises Licence

Premises Licence

A Premises Licence must be held by any business, or individual over the age of 18, that wishes to operate licensable activities on a premise. Premises are defined as any place, including vehicles, vessels and moveable structures. 

Please select from the options below:

For the full Licensing Act 2003, which regulates Alcohol and Entertainment, please visit Licensing Act 2003 (opens new window).

Please be advised for any applications completed paying by cheque is discouraged as this will delay the process.

Application for a Premises Licence

Please ensure you read the guide to applying for a Premises Licence (PDF) [485KB] (opens new window) . 

Please note that the above guidance is being updated, due to new legislation. Please contact our Licensing Team with any questions before making an application. Any applications submitted with information missing or incorrectly completed will be rejected.

A licence may not be held by an individual or an individual in a partnership who is resident in the UK who:

  • does not have the right to live and work in the UK;
  • or is subject to a condition preventing him or her from doing work relating to the carrying on of a licensable activity.

Any premises licence issued in respect of an application made on or after 6 April 2017 will become invalid if the holder ceases to be entitled to work in the UK.

Applicants must demonstrate that they have an entitlement to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on of a licensable activity. You can do this by providing us paper or scanned copies of the required documents listed within the application form (which do not need to be certified) or by providing a 'share code' from the Home Office online right to work checking service (opens new window).

How to apply for a Premises Licence

In order to apply for a Premises Licence you are required to:

Our Licensing Team will acknowledge receipt within three working days. If there are no representations or objections, all requirements have been met and the application form is fully and correctly completed, the licence will be granted. We'll contact you if there are any amendments required to the application. Please keep a copy of the completed application forms.

 

Application for a variation to a Premises Licence

If you wish to make an amendment to your current Premises Licence that affect any of the licensing objectives (prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm), you'll need to apply for a Variation. Variations are used when adding any extra licensable activities to your licence, such as:

  • adjusting your operating hours
  • major changes to the layout of the premises
  • adding or removing conditions on the licence, or
  • changes to the plans of the building. 

Your proposed change may be able to be dealt with as a Minor Variation. Please refer to the guidance on making a variation (PDF) [485KB] (opens new window)  if you're unsure which type your proposed change falls under.

Before starting your application you should read our guidance on making a variation (PDF) [485KB] (opens new window) .

Please note that the above guidance is being updated, due to new legislation. Please contact our Licensing Team with any questions before making an application. Any applications submitted with information missing or incorrectly completed will be rejected.

In order to apply for a Variation to a Premises Licence you are required to:

A Variation does not apply if the proposed change is to the Designated Premises Supervisor only.

South Holland's Licensing Team will acknowledge receipt within three working days.  If there are no representations or objections, all requirements have been met and the application form is fully and correctly completed the amended licence will be granted.  Any objections (from the Responsible Authorities) or valid representations (from the public) may result in a Committee hearing at South Holland District Council, we will contact you to confirm the process if necessary.  If there are any amendments needed to enable us to accept the application we will contact you, please retain a copy of the completed forms you submit.

 

Apply for a minor variation to a Premises Licence

If you wish to make an amendment to your current Premises Licence that doesn't adversely affect any of the licensing objectives (prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm), you'll need to apply for a Minor Variation. Minor Variations are used when removing licensable activities from your licence, or making minor amendments to the layout of the premises. If your proposed change does adversely affect the licensable objectives, you'll need to apply for a Variation. Please refer to the guide on variations (PDF) [485KB] (opens new window)  if you're unsure which type your proposed change falls under.

Please read the minor variations guidance (PDF) [44KB] (opens new window) before starting your application. Incorrect applications or missing information will mean your application is rejected.

How to apply for a Minor Variation

In order to apply for a Minor Variation you are required to:

  • complete and return the Minor Variations application form (PDF) [87KB] (opens new window) , along with the fee of £89
  • enclose the fee as detailed on the application form
  • return both parts of your original Premises Licence
    • if this is not available, please confirm why in writing
  • submit a plan of the building with your application
  • display a Public Notice ( example of a Public Notice (PDF) [14KB] (opens new window) )
    • must be displayed in a conspicuous place on the premises for at least 10 working days, starting after the day the application was submitted
    • must be displayed where it can be conveniently read by members of the public from the exterior of the premises
    • must be at least A4 size
    • must be white in colour
    • must be printed legibly in black ink or typed in a black font equal or greater than font size 16
    • if the premises covers an area of more than 50 square metres, identical notices must be displayed every 50 metres of the perimeter of the premises
    • ensure your application is complete and valid before displaying your Public Notice. If incorrect, you may need to display again for 10 working days after submission of a complete application
    • the Public Notice gives the public the opportunity to make representations. If the representation is valid it may result in a Committee hearing at South Holland District Council.

Your Minor Variation will be acknowledged within three working days. The decision to authorise or reject the application is made by our Licensing Team, who may liaise with any of the Responsible licensing authorities to assist with making a decision. Any valid public representations will also be considered. We'll contact you if there are any amendments needed to enable us to accept the application. Please keep a copy of the completed application forms. A decision will be made within 15 working days of accepting a complete application.

 

Surrender Premises Licence

If you would like to surrender your Premises Licence, you must complete and return a  surrender premises licence application form (PDF) [37KB] (opens new window) . You should also enclose both parts of the original Premises Licence.

Transfer Premises Licence

A transfer of a Premises Licence can be applied for when a new party wishes to become the new Premises Licence holder. If a current Premises Licence lapses (for example, through bankruptcy or death) a person or company has 28 days to apply to transfer the licence into their name. After this time, a new Premises Licence will have to be applied for. A transfer can take immediate effect or a certain date can be specified.

To apply to transfer a Premises Licence you are required to:

Our Licensing Team will acknowledge your request within three working days. The Police will review the application and can submit objections if they feel the application is detrimental to any of the four licensing objectives. If objections are received from the Police, it may result in a Committee hearing at South Holland District Council.

Change of name or address

If you are a Premises Licence holder and have had a change of name or address, please complete and return the relevant application form available below, along with payment of £10.50. Alternatively, you can apply online using the .

Change of Premises Name

If you wish to change the name of the premises, please complete and return the Change of Premises Name form (PDF) [19KB] (opens new window) , along with payment of £10.50. Alternatively, you can apply online using the .

Review an existing Premises Licence

You can request a review of a licence if you feel a premise is in breach of its conditions. To request a review of a current Premises Licence, you must be an interested party. You must be either:

  • living in the vicinity of the premises, or an organisation representing people living in the vicinity
  • involved in a business in the vicinity, or an organisation representing people involved in a business in the vicinity
  • a local elected district Councillor of the Licensing Authority.

You must be able to show how it affects your quality of life and it must relate to one of the four licensing objectives:

  • the protection of children from harm
  • public safety
  • prevention of crime and disorder
  • prevention of public nuisance.

If you would like us to review a Premises Licence, please call 01775 761161 or email licensing@sholland.gov.uk and our Licensing Team will co-ordinate a review. It would be helpful if you could keep a log of incidents related to the premises on the report sheets available below. This information will assist us with an investigation. The guidance notes also give information on the review process.

If applicable, a hearing may take place and all parties will be invited, which will be held in public. At a hearing, the Committee could choose to leave the licence as it is, modify the licence conditions, exclude activities form the licence, suspend or even revoke the licence.

Representations on a Premises Licence

Once a valid application is submitted, you have 28 days to lodge a representation. The expiry date for representations will be shown on the newspaper notice or public notice on the premises. All representations must be made in writing to:

  • Licensing Team
    South Holland District Council
    Council Offices
    Priory Road
    Spalding 
    PE11 2XE
  • or via email licensing@sholland.gov.uk.

For a representation to be valid and relevant, it must show the impact of the grant of the proposed licensable activities. Representations must relate to one or more of the licensing objectives under the Licensing Act 2003, which are:

  • the protection of children from harm
  • public safety
  • prevention of crime and disorder
  • prevention of public nuisance.

You can complete the Representation form (PDF) [24KB] (opens new window)  and send to us by post or email, as above. For further information on making valid representations, including appealing decisions, please visit the Home Office website (opens new window).

Copies of all representations will be forwarded to the applicant. Anonymous representations will not be accepted by the Licensing Authority. Only under exceptional circumstances will the Licensing Authority not disclose any personal details.

Please be aware that if your representation is valid, a hearing may be required at South Holland District Council. You will be invited to attend in person to that hearing should the licence application have to be determined by our Licensing Sub-Committee. Your representation will also be included in the papers presented to the Committee and therefore will pass into the public domain. It is therefore possible that details of your representation may be picked up by journalists.

Apply for a Provisional Statement

Anyone interested in making a future application for a Premises Licence can obtain a Provisional Statement, which will give an indication of the likelihood of obtaining a Premises Licence. The statement can be applied for premises that are being constructed, about to be constructed, extended or altered for the purpose of being used for one or more licensable activities. A Provisional Statement does not convert into a Premises Licence once the construction is complete.

To apply for a Provisional Statement you are required to:

  • complete and return the Provisional Statement application form (PDF) [230KB] (opens new window)
  • for premises under construction the fee is £315, if no national non-domestic rateable value (NNDRV) (opens new window) is assigned the fee is £100 (until an NNDRV is assigned)
  • the application must be submitted to South Holland District Council and each of the Responsible licensing authorities
  • enclose the fee as detailed on the application form
  • submit a plan of the building clearly showing the works to be completed
  • display a Public Notice ( example of a public notice (PDF) [14KB] (opens new window) )
  • it must be displayed in a conspicuous place on the premises for at least 10 consecutive days, starting after the day the application was submitted
    • must be displayed where it can be conveniently read by members of public from the exterior of the premises
    • must be at least A4 size
    • must be blue in colour
    • must be printed legibly in black ink or typed in a black font equal or greater than font size 16
    • if the premises covers an of more than 50 square metres, identical notices must be displayed every 50 metres of the perimeter of the premises
    • ensure your application is complete and valid before displaying your Public Notice. If incorrect, you may need to display again for 28 consecutive days after submission of a complete application
    • the Public Notice gives the public the opportunity to make representations. If the representation is valid it may result in a Committee hearing at South Holland District Council.

Our Licensing Team will acknowledge your request within three working days. The Responsible Authorities will review the application and can submit representations if they feel the application is detrimental to any of the four licensing objectives. If objections are received, it may result in a Committee hearing at South Holland District Council.

Notification of interest

Any person or organisation with a legal interest in a premises may give us notice of their interest, in order to be kept informed of any changes to the licensing register in respect of that premises. A legal interest is defined as:

  • the freeholder or leaseholder of the premises
  • a legal mortgagee in respect of the premises
  • a person in occupation of the premises.

In order to give notification to us, you are required to complete and return the Notification of Interest application form (PDF) [50KB] (opens new window) , along with the fee of £21.

On receipt of your completed application, we will record your interest in the premises and return the notice to you. You will then be informed of any applications made on the premises in relation to the Licensing Act 2003 (Alcohol and Entertainment). The notice of interest is valid for 12 months. If you wish to kept informed after this time, you should submit a new notice.

Interim Authority Notice

A notice can be given where a licence has lapsed due to the death, incapacity or insolvency of a Premises Licence holder and no application has been made to transfer the licence. When an  Interim Authority Notice (PDF) [84KB] (opens new window)  is granted, a business can continue as normal until the licence is transferred. You must contact us within 28 days after the day the licence lapsed and the person giving notice must have a prescribed interest in the premises (for example, the leaseholder) or be connected to the previous licence holder. 

In order to apply for an Interim Authority Notice, please contact us. For further information on Premises Licences, please refer to the Department for Digital, Culture, Media and Sport website (opens new window) or contact us.

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