Licence
Summary
To provide
regulated entertainment, sell alcohol or late-night refreshments in
the North Somerset area, you need a licence from us.
fees are payable for applications
relating to a premises licences.
No fees are
required when only regulated entertainment is being provided in
schools or community buildings e.g. village, church or community
halls.
Further
information on the Licensing Act 2003 can be found on the
Department for Culture, Media and Sport’s website.
Eligibility Criteria
Any of the
following may apply for a premises licence:
-
anyone who
uses or carries on a business in the premises to which the
application relates
-
a recognised
club
-
a
charity
-
a health
service body
-
a person who
is registered under the Care Standards Act 2000 in relation to an
independent hospital
-
a chief
police officer of a force in England and Wales
-
anyone
discharging a statutory or function under Her Majesty's
prerogative
-
a person from
an educational institute
-
any other
permitted person
Applicants must
not be under 18 years of age.
Regulation Summary
The main
legislation covering this permission is the
Licensing
Act 2003.
Application Evaluation Process
Applications
must be in a specific format. An operating schedule, a plan of the
premises and a form of consent from the premises supervisor (for
applications where the sale of alcohol will be a licensable
activity) are required.
An operating
schedule will include details of:
-
the
licensable activities
-
the times
when the activities will take place
-
any other
times when the premises will be open to the public
-
in the case
of applicants who wish to have a limited licence, the period the
licence is required for
-
information
in respect of the premises supervisor
-
whether any
alcohol that is to be sold is for consumption on or of the premises
or both
-
the steps
proposed to be taken to promote the licensing objectives
-
any other
required information
Applicants will
be required to advertise their application and to give notice of
the application to any other person or responsible body, e.g. the
local authority, chief police officer or fire and rescue
authority.
The licensing
authority must grant the application, which can be subject to
conditions, if no representations are made. A hearing must be held
if relevant representations are made in respect of the application.
If a hearing is held the licence can be granted or granted subject
to additional conditions, licensable activities listed in the
application can be excluded or the application can be rejected.
The licensing
authority will serve a notice of its decision on the applicant, any
person who has made relevant representations (i.e. representations
that were not deemed frivolous or vexatious) and the chief of
police.
Applications
can also be made to vary or transfer a licence. A hearing may have
to be heard if relevant representations are made against a
variation or transfer application.
Applications
can also be made for an interim authority notice following the
death, incapacity or insolvency of a licence holder, change of the
designated premises supervisor or the review of a current
licence.
Will
Tacit Consent Apply?
Yes. This means
that you will be able to act as though your application is granted
if you have not heard from us by the end of the target completion
period of 42 days.
Apply
online
Downloadable forms and other documents.
If you wish to
complete an application by hand and return it to us by post, you
can download the
application forms here.
We have
produced a
Statement of Licensing
Policy(2011-2014) (operative from 7 January 2011) that
sets out the general principles of how we will administer the
requirements of the Licensing Act 2003.
Failed
Application Redress
Please contact
us in the first instance.
If an
application for a licence is refused the failed applicant can
appeal. Appeals must be made to the
North Somerset Magistrates'
Court within 21 days of being notified of the decision made by
the licensing authority.
Licence
Holder Redress
Please contact
us in the first instance.
A licence
holder may appeal against any conditions attached to a licence, a
decision to reject a variation application, a decision to reject a
transfer application or a decision to exclude an activity or person
as premises supervisor.
Appeals must be
made to the North Somerset Magistrates'
Court within 21 days of being notified of the decision made by
the licensing authority.
Consumer Complaint
An interested
party or responsible authority may apply to us to review a premises
licence. A hearing will be held if we receive a relevant
request.
Appeals must be
made to
the North Somerset Magistrates'
Court within 21 days of being notified of the decision made by
the licensing authority.
Other
Redress
The police can
apply to us for an expedited review of the licence if the premises
are licensed to sell alcohol by retail. A senior officer has to
give a certificate that they are of the opinion that the premises
are associated with either serious crime or disorder or both. A
hearing will be held and the licence holder and other interested
parties may make representations.
The police can
give a notice to us if they believe that the transfer of a licence
to another or a variation application could undermine crime
prevention objectives. Such a notice must be given within 14 days
of receiving notification of the application.
An interested
party or responsible body may make representations in relation to a
licence application or request us to review a licence.
An interested
party or responsible authority may apply to us to review a current
premises licence. A hearing will be held if we receive a relevant
request.
An interested
party or relevant authority who made relevant representations at a
licensing hearing may appeal against the granting of a licence or
against any condition, variation, licensable activity or premises
supervisor decisions.
Appeals must be
made to the local Magistrates' court within 21 days of being
notified of the decision made by the licensing authority.
Public
Registers
Details of
premises licences that we have issued can be viewed using our
licensed
premises search facility.
Trade
Associations
Contact Details
For more
information please contact the
Licensing
Team.
