Apply for a premises licence

You need a premises licence from your local licensing authority (usually your council) if you want to:

• sell or supply alcohol, for example in a pub, bar, restaurant, hotel, off-licence or supermarket
• serve hot food or drinks between 11pm and 5am (late night refreshment)
• put on regulated entertainment, such as live or recorded music, plays, films, indoor sporting events, boxing or wrestling

The licence attaches to the premises, not to you personally. It remains valid indefinitely until surrendered, revoked, or varied - but you must pay an annual fee to maintain it.

The application process takes at least 28 days due to the statutory consultation period, during which responsible authorities and members of the public can make representations about your application.

The four licensing objectives

All licensing decisions must promote the four licensing objectives set out in section 4 of the Licensing Act 2003. Your application must demonstrate how you will promote each objective:

Your operating schedule must address each objective with specific, practical measures. Generic statements are not sufficient - the licensing authority and responsible authorities will scrutinise your proposals.

For example, for prevention of crime and disorder, you might propose CCTV coverage, door staff at certain times, or a Challenge 25 age verification policy.

Application fees

The application fee depends on your premises' rateable value (the value used for business rates). Fees are set nationally and apply across England and Wales:

In addition to the application fee, you must pay an annual fee to maintain your licence. Annual fees follow the same band structure as application fees.

If your premises has no rateable value (for example, a temporary structure or new building not yet rated), it will be placed in Band A.

If your premises is in Band D or Band E and is used exclusively or primarily to sell alcohol for drinking on the premises, the application fee is two times the Band D fee or three times the Band E fee.

How to apply

Apply to your local licensing authority - usually your local council's licensing team. Most councils accept online applications, but you can also apply by post.

The 28-day consultation period

After you submit your application, there is a 28-day period during which responsible authorities and interested parties can make representations.

Responsible authorities include:

• The police (usually the most active in making representations)
• Fire and rescue service
• Environmental health (for noise and public nuisance issues)
• Planning authority
• Trading Standards
• Child protection services
• Public health
• The licensing authority itself

Interested parties are people living or carrying on business near your premises who may be affected by your activities. They can also make representations.

If no relevant representations are made, the licensing authority must grant the licence as you applied for it, subject only to conditions consistent with your operating schedule and the mandatory conditions set by law.

Representations and objections

Anyone making a representation must show it is relevant to one or more of the four licensing objectives. Representations that are frivolous, vexatious, or not relevant to the licensing objectives will be rejected.

If you receive representations, try to resolve them first. You can amend your operating schedule, for example by reducing your hours or adding measures, or accept extra conditions. Many representations are settled this way. If they cannot be resolved, the licensing authority must hold a hearing to decide your application.

The licensing hearing

If relevant representations are made and not resolved, your application will be determined at a hearing before the licensing sub-committee.

At the hearing:

• You can present your case and explain how you will promote the licensing objectives
• Those who made representations can explain their concerns
• The sub-committee can ask questions of all parties
• You can be represented by a solicitor or other person, but this is not required

The sub-committee can grant the licence as you applied for it, or grant it with the conditions it considers appropriate to promote the licensing objectives. It can also exclude some licensable activities from the licence, or refuse the application if that is appropriate to promote the objectives.

You will receive the decision in writing within 5 working days of the hearing. If you disagree with the decision, you can appeal to the magistrates' court within 21 days.

Designated Premises Supervisor

If your licence authorises the sale of alcohol, you must have a Designated Premises Supervisor (DPS) named on the licence. The DPS must hold a valid personal licence.

The DPS does not have to be present at all times, but they have day-to-day responsibility for running the premises and are the main point of contact for the licensing authority and police.

You can change your DPS by giving notice to the licensing authority, but you must always have a DPS named on the licence when selling alcohol.

Some community premises (village halls, church halls) can apply for an exemption from the DPS requirement if managed by a committee.

After you get your licence

Once your licence is granted:

• display the summary part of the licence at the premises where customers can read it
• keep the full licence available for police or licensing officers to inspect
• comply with its conditions, which are legally binding, since breaching them is a criminal offence
• pay the annual fee on each anniversary of the grant, or the licensing authority must suspend the licence, except in limited cases such as an administrative error
• tell the licensing authority if your address or the DPS changes, or if there are material changes to the premises

Penalties for operating without a licence

Operating without a premises licence when one is required is a criminal offence under section 136 of the Licensing Act 2003. On summary conviction you can get up to 6 months in prison, an unlimited fine, or both. Failing to produce your licence carries a fine of up to level 2 (£500).

The licensing authority can also apply to the magistrates' court for a closure order if premises are being used without authorisation.

Entertainment that does not need a licence

You do not need a licence for live or recorded music between 8am and 11pm on premises licensed to sell alcohol for drinking there, if the audience is no more than 500 people. Unamplified live music needs no licence anywhere between those hours, and nor does amplified live music at a workplace for an audience of up to 500.

Between 8am and 11pm, plays and dance for an audience of up to 500 and indoor sport for up to 1,000 spectators also need no licence. Boxing, wrestling and film screenings normally need one, and so does any entertainment between 11pm and 8am.

Further exemptions apply in set circumstances to places of worship, village and church halls, schools, hospitals and local authority premises, and to music that is incidental to other activities.

Temporary Event Notices

For one-off events, you may be able to use a Temporary Event Notice (TEN) instead of applying for a full premises licence or varying an existing licence:

Give the TEN to your council, and send copies to the police and environmental health, unless you apply online and the council sends them for you. The police or environmental health can object before the end of the third working day after they receive it, if they think the event would undermine a licensing objective.