Premises Licences
Kurnia are able to assist you from start to finish with your Premises Licence application.
We will work out the most suitable application for your premises and complete
the application form on your behalf
Work with your architects to ensure your plans are correct
Ensure the application and copies are served on the correct parties
Place the advert correctly for you in your local newspaper (In The Lincoln / East Lincolnshire region save you money as the cost of an advert can be over £120, with Kurnia we pass on the savings we have negotiated bringing the cost of the advert down, in most cases, to £50 plus vat)
Supply notices to be displayed on your premises
Liaise and try to resolve any representations
Track your application through the key stages
Please follow the below links to our pages in regard to:
Premises Licence Variation Applications
Applications to Change the Designated Premises Supervisor (DPS)
Applications to Change the Premises Licence Holder
Offences and Penalties Under the Licensing Act 2003
Please Note:
Premises Licence
The holder of a Premises Licence must keep the Licence or a certified copy of it at the premises and must display a summary of the licence prominently.
The summary is produced by the licensing authority and must contain information including:
- the licensable activities and hours authorised
- the identity of the licence holder
- the name of the designated premises supervisor
The Premises Licence holder must ensure that the licence is kept at the premises under the control of either the holder of the licence, or they may nominate someone, in writing, who works at the premises to be the custodian of the licence.
This authorisation must also be displayed on the premises. Sample authority notice for someone to hold a Premises Licence
Failure to comply with these requirements is a criminal offence punishable by a fine of £500. A constable or authorised person has the power to require the licence to be produced for examination.
To supply alcohol under the Licensing Act 2003 you must either hold a Personal Licence or be authorised by a Personal Licence holder. We recommend that if you are giving authority to someone supply alcohol then you complete an authorisation sheet. Click the link below for a sample.
NOTE: LOST, STOLEN, DAMAGED or DESTROYED LICENCES
In circumstances where any of your licences become lost, stolen, damaged or destroyed you may request a copy via the Licensing Authority in writing along with the appropriate fee. Please note that in the case where it has been lost or stolen the loss or theft must have been reported to the police. We would strongly recommend the obtaining full details of who, when and where the loss or theft was reported to prevent any delays in obtaining a copy.
DEATH, INCAPACITY, INSOLVENCY etc of the PREMISES LICENCE HOLDER
If the holder of a Premises Licence either;
dies, becomes mentally incapable, becomes insolvent, is dissolved, in the case of a club it ceases to become a recognised club, if an individual they enter into a voluntary arrangement, become adjudged bankrupt, has their estate sequestrated or enters into a deed of arrangement or if a company is approved of a voluntary arrangement, is appointed an administrator or receiver or goes into liquidation;
The Premises Licence lapses and may be transferred in some cases but only within 7 days of the Premises Licence lapsing.
It is therefore very important, especially if you are a tenant, to check who the actual holder of a Premises Licence is. It could be that a holding company is named as the holder of a Premises Licence. If this holding company went into administration and nothing is done to transfer the Premises Licence it could lapse and you may have to close.
Personal Licences
Sale and supply of alcohol must be authorised by an individual who is the holder of a Personal Licence. A Personal Licence holder must be able to produce the licence unless they have a reasonable excuse.
The supply and sale of alcohol should always abide by the conditions of the Premises Licence.
Staff need to be generally authorised to sell and supply alcohol and operators should consider:
- An appropriate clause in staff contracts.
- A signed and updated log held on the premises (see above)
NOTE: LOST, STOLEN, DAMAGED or DESTROYED LICENCES
In circumstances where any of your licences become lost, stolen, damaged or destroyed you may request a copy via the Licensing Authority in writing along with the appropriate fee. Please note that in the case where it has been lost or stolen the loss or theft must have been reported to the police. We would strongly recommend the obtaining full details of the who, when and where the loss of theft was reported to prevent any delays in obtaining a copy.
Designated Premises Supervisors (DPS)
The Premises Licence holder must ensure that there is one specified individual, among personal licence holders at the premises, who can be readily identified as the person with day-to-day responsibility for the running of the premises. This person is the DPS.
- The DPS may be the Premises Licence holder.
- The DPS must be named on the Premises Licence
- A DPS has the primary responsibility to ensure that alcohol is sold legally, in line with the terms of the licence granted for the premises and without harm to the four licensing objectives.
Offences which are most likely to cause a DPS’s own personal licence to be put at risk, or lead to a fine, or lead to the matter being reported to the licensing officer with a view to review of the premises licence.
Operating a licensable activity without a licence. This could take a number of forms
a. Selling alcohol to the public at premises that have neither licence nor TEN
b. Selling outside of licensed hours
c. Conducting public entertainment on premises where its license does not include it (primarily a premises licensee offence as it does not cover alcohol)
d. Continuing to sell alcohol when there is no valid DPS (mainly premises licensee)
e. Breach of licence conditions
- Holding alcohol for unauthorised sale
- Disorderly conduct of premises
- Selling alcohol to someone who is drunk, or permitting the sale
- Sale of alcohol to under 18s or permitting the sale
- Allowing an unaccompanied child (under 16) to come onto alcohol premises (ie bars, clubs but not restaurants) or allowing alcohol to be bought for a minor (except for 16-18 having beer, wine or cider with a meal so long as accompanied by an adult also having a meal and paying)
- Keeping smuggled goods on the premises
- failing to keep the DPS records up to date, including notifying all changes of address
It is strongly recommended that the DPS is employed at the premises. It is however possible for another qualified individual (an area manager for example) to be appointed as DPS provided:
- He/she holds a Personal Licence.
- Can be demonstrably shown to have day-to-day supervision of the premises.
The Supplementary Guidance issued under section 182 of the Licensing Act 2003 June 2006 has now clarified the situation with regard to a DPS having to be present on the premises all the time. It states:
In addition, the licence must require that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. This does not mean that the condition should require the presence on the premises at all material times of the designated premises supervisor. Similarly, the fact that every supply of alcohol must be made under the authority of a personal licence holder does not mean that only personal licence holders can make such sales or that they must be personally present at every transaction. A personal licence holder may authorise members of staff to make sales of alcohol during the course of an evening, but may be absent at times from the premises when a transaction takes place. However, the personal licence holder will not be able to escape responsibility for the actions of those he authorises to make such sales.
Regulated Entertainments & Exemptions
In normal circumstances the Premises Licence will specify any permission for Regulated Entertainment and we recommend that operators work to their licence (or, occasionally, under a Temporary Event Notice), but these entertainments are ONLY licensable if they are for the public. Anything that happens at a private event is outside the Act, whether it happens at home or in a hired hall or at premises that are otherwise licensed for alcohol and entertainment to the public.
General exemptions from Regulated Entertainment are
- Background music, whether live or recorded. The general definition of “background” is that it is ancillary to some other activity to create atmosphere, for instance a pub pianist, a CD player behind or even a jukebox (according to Guidance). Another way EHOs look at the definition is that music is background when customers can hold a normal level of conversation over it.
- Live TV broadcasts
- Morris dancing and the like
- Spontaneous music and dancing. The licensee does not need to act in any way to prevent customers from singing or playing instruments they have brought along, if the song or dance has not been organised by the licensee. Neither is there any problem with customers spontaneously starting to dance along to a tune on the jukebox or live music.