Premises Licence Application and Guidance
For further information concerning the Licensing Objective "Protecting Children from Harm”, see Surrey County Council's “Protecting Children from Harm”
Premises Licence – How to Change
The Home Office has published its revised Guidance to the Licensing Act 2003 following the changes which came into effect on 06/04/2017. The changes to the Licensing Act 2003 were brought about by the Immigration Act 2016 and the Policing and Crime Act 2017. Please click on this link for new application forms
What do I need to know?
- A premises licence permits licensable activities to take place on or from a defined area, a building, part of building, a vessel, vehicle or temporary structure.
- A premises licence application can be made by an individual, several individuals, a company or organisation, or other prescribed persons such as individuals acting as representatives for a company or individual.
- The application for a premises licence is normally the responsibility of the owner of the business or the committee responsible for the building.
- If the premises are leased, the freeholder has a right to inform Surrey Heath Borough Council, Licensing Authority that they own, part own, or occupy the premises, and they have a right to know of any applications, notices and requests for any other information.
- You may not apply for a premises licence if you are under 18 years of age.
- The applicant for a premises licence does not need to be a personal licence holder.
Submitting the Application form
The additional information required to be submitted with the application is listed on the last page of the application form. Please ensure that you attach everything to your application otherwise it will be invalid.
- A completed application form, including operating schedule and any changes to conditions and activities if submitting a variation.
- The correct fee
- A plan of 1:100 (unless a different scale is agreed with the Licensing section)
- The plan should show the location and extent of the boundary of the building, the exits, the areas used for licensable activities, any stage, the fire safety equipment and the location of any kitchen.
- If the premises licence application is to include the retail of alcohol, the consent of the individual personal licence holder who wishes to be the premises supervisor is required.
The original application and all accompanying information as details on the application form must be served to Surrey Heath Borough Council, Licensing section. For your own benefit, you may wish to get a receipt for the delivery of the application or send the application by registered post and keep the tickets as evidence it has been sent
A copy of the completed forms and all accompanying documentation must also be sent to all "Responsible Authorities".
The responsible authorities must confirm to the Council's Licensing section that they have received copies of the application. Without this confirmation the Licensing section will not consider the application complete.
Incomplete applications will be dealt with in one of two ways. If the application is missing one or two simple details, a letter requesting the missing documentation will be sent to the applicant and the application will be kept on hold. If there is more than one or two simple details, the application will be rejected and returned to the sender.
- Operating Schedule Information
- Contact Details for Responsible Authorities
- Special Cumulative Impact Policy
Advertising the Application
Media and Press Contacts
When a complete application has been submitted, the applicant has a duty to advertise said application for a period of no less than 28 consecutive days starting the day following the day the application was served on the licensing authority.
The Notice shall be:
- Of a size equal or larger than A4
- Of a pale blue colour
- Printed legibly in black ink or types in black in font size 16 or bigger.
The application must also be advertised in the local newspaper circulating in the relevant parts of the Borough of Surrey Heath. The newspaper notice must be circulated at least on one occasion not more than 10 working days after the application has been submitted to the licensing authority.
Both the newspaper notice and the notice from the application will contain the following information:
- The relevant licensable activities proposed to carry out at the premises
- The proposed changes of the application ( If a variation)
- The name of the applicant
- The postal address of the premises, or if not applicable a description of the premises concerned
- Details of where the register of the Surrey Heath Borough Council is held and where it can be inspected
The dates between which an interested party and a responsible authority may make representations to Surrey Heath Licensing Section
- A statement that all representations must be made in writing
- A statement that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the absence.
What happens next?
Where a complete application form has been submitted with the appropriate fees and other paperwork, including the display of appropriate notices in the papers an on the premises, and there are no representations within the 28 consecutive days deadline, the licence will be granted.
However, if there is an adverse representation from any interested party or responsible authority has been received, the licensing section will decided whether the representation is relevant. If the licensing section find the representation relevant they may arrange a hearing before the licensing committee will be held. All relevant parties will be notified. A decision will be made by the licensing committee or sub-committee and the details of that decision will be circulated to the parties concerned.
The applicant does have the right to appeal and this should be made to the South-east Magistrates' Court. Professional advice should be sought where it is uncertain what the best course of action should be.