Applications must contain a description of the premises and be accompanied by an operational plan, a layout plan, a planning certificate, a building standards certificate and if applicable, a food hygiene certificate.
An operating plan will detail the following:
- the activities to be carried out on the premises
- the times when alcohol will be sold
- whether alcohol is to be sold for consumption on or off the premises or both
- times when any activities other than the sale of alcohol will be carried out
- where alcohol is to be sold on the premises a statement detailing whether children or young people will be allow on the premises and if so details of when they can be present, times and parts of the premises they can enter
- the capacity of the premises
- specific information about the premises manager
- any other information required
The licensing board will give notice of the application, together with a copy of it, to the following:
- every person who has a notifiable interest in the land neighbouring the premises
- any community council for the area the premises is situated
- the council for the area the premises is situated, unless the council are the applicant
- the chief constable for the area
- the local authority for the area in which the premises is situated
The chief constable must give a notice that the applicant or connected people have not been convicted of a relevant offence and detailing any convictions and a report detailing all cases of antisocial behaviour that have taken place on or around the premises and all complaints and other representations concerning antisocial behaviour within the previous year.
A Licensing Board must consider any notices it receives relating to representations or objections and serve a copy of the notice on the applicant.
A hearing must be held to determine the application. If any of the grounds for refusal apply the application must be refused.
The following are grounds for refusal:
- the premises are excluded premises
- there are no exceptional circumstances for allowing the sale of alcohol over a 24 hour period or if the application requests the sale of alcohol off the premises before 10.00, after 22.00 or both
- the applicant has had another application refused within the last 12 months
- the granting of the application would not be consistent with one or more of the licensing objectives
- considering the nature of the activities proposed, the location, character and condition of the premises and the types of people likely to visit the premises it is decided that the premises are unsuitable for selling alcohol
- that if the application was granted there would be too many licensed premises in the vicinity
If it is felt that an application would be allowed with a modification and the applicant accepts the modification, the licence must be granted.
If the application is refused the Licensing Board must give reasons for the refusal.
If an applicant or a connected person is convicted of an offence after the date the application was submitted but before it is determined they must notify the Licensing Board. If such information is received a Licensing Board must suspend the application and give notice to the chief constable of the conviction. The chief constable must respond by way of a notice within 21 days as to whether the conviction can be confirmed and if so if it is a relevant or foreign offence.
Applications to vary a licence must be made to the Licensing Board and must be accompanied by the licence or if this is not possible with a statement saying why the licence cannot be produced. If the variation is minor the application must be allowed. For any other application a hearing must be held.
If any of the grounds for refusal apply, the application must be refused. The grounds for refusal are the same as above except that an application for a variation cannot be allowed if a previous application has been made and rejected within the previous 12 months.
Applications to transfer the licence to another person (the transferee) must be accompanied by the licence or if this is not possible with a statement saying why the licence cannot be produced. A Licensing Board will give notice of such an application to the chief constable who must respond within 21 days with a notice stating whether the transferee has been convicted of a relevant or foreign offence.
A person other than the premises licence holder can apply to have the licence transferred if the licence holder dies or becomes incapacitated, becomes insolvent, is dissolved or the premises is transferred to another person. The same process will apply to such an application. Applications to vary licences can be made at the same time.