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Premises Licences

To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales.

 

 

New Mandatory Conditions as of 1 October 2014

 

The mandatory conditions relating to irresponsible promotions, the provision of free water, the adoption and application of age verification policies, and the provision of small measures at licensed premises were amended as of 1st October 2014.

 

Mandatory Conditions (Amended October 2014)


Eligibility criteria

Any of the following may apply for a premises licence:
 

  • anyone who uses 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.

 

 

A summary of the regulations relating to this licence are available here.

 

 

Application evaluation process 

Applications can be made in writing and must be sent to the licensing authority for the area where the premises are located.

 

Applications that are made in writing must be in a specific format and be accompanied by the required fee, plans (if applicable) and any other relevant documentation.

 

 

For new and full variation applications an operating schedule will also be required which is included in the application form.  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;
  • information in respect of the premises supervisor;
  • whether any alcohol that is to be sold is for consumption on or off the premises or both;
  • the steps proposed to be taken to promote the licensing objectives;
  • any other required information.

 


For new, or full variation applications a notice must be displayed on the premises for a period of 28 consecutive days starting from the day after the application is submitted to the Licensing Authority. The Notice must be A4 in size and light blue in colour.
 

A notice must also be displayed in a local newspaper circulating in the area to which the premises relate. The notice must contain the same information as the notice on the premises and be displayed in the newspaper within 10 working days starting the working day after the application is submitted. The notice only has to appear once in the local paper. 

 

 

Submitting your Premises Licence Application/Variation Application

The rules about how the parties are notified of your application are very specific. The date on which a document is “given” to a party is not necessarily the same as the date on which you place it in the post or the date that they receive it. The document will be “given” on the date of Deemed Service. The date of Deemed Service differs, depending upon what method you use to serve the papers. Deemed Service of all the papers must fall on the same date to satisfy the requirement that notice is given to all the parties on the same day.

 

For the avoidance of doubt, the Licensing Authority recommends that you use the same method of service for all the papers that you send.

 

The following table provides information on how to calculate Deemed Service:

 

Method of Service

How Deemed Service is Calculated

1st Class Post

If you send the document by first class post then it is deemed to have been served two days after it was placed in the post, provided that day is a business day (if not then it is deemed to have been served on the next business day).

1st Class Recorded Delivery

This is calculated in the same way as 1st Class Post.

 

Special Delivery or other service providing for delivery on the next business day

This is calculated in the same way as 1st Class Post.

 

Placed through letterbox by hand

If the document is delivered before 4.30pm on a business day then it is deemed to have been served on the day that it is delivered. If it is delivered after 4.30pm or on a day that is not a business then it is deemed to have been served on the next business day.

 

Handed directly to relevant person

If the document is delivered before 4.30pm on a business day then it is deemed to have been served on the day that it is delivered. If it is delivered after 4.30pm or on a day that is not a business then it is deemed to have been served on the next business day.

 

 

The Licensing Authority does not recommend using any method of service other than those mentioned above. For the avoidance of doubt, the Licensing Authority strongly recommends the use of first class Royal Mail for the service of all papers.

 

If you send a document using Royal Mail (or any other postal or delivery service) and they return the documents to you or confirm that it has not been delivered then it will be deemed not to have been served at all.

 

Proof of Service

 

In order that the Licensing Authority can be satisfied that you have complied with the rules on serving the documentation, you must provide Proof of Postage or a Certificate of Service to them on the same day as you submit the application. 

 

Minor variation application

A notice is also required for a minor variation application. The notice must meet the statutory requirements and be no smaller than A4 size and on white paper.

 

However, unlike full variations the  notice only has to be displayed on the premises for a period of 10 consecutive days starting the day after the application is made and no newspaper notice is required.

 

 

Guidance on minor variations

 

Public notice templates to display in both the premises and newspaper are available below:

 

  • New premises licence application public notice template - ( PremisesNewspaper )
  • Variation (full) of a premises licence public notice template - ( PremisesNewspaper )
  • Variation (minor) of a premises licence public notice template ( Premises )

 

A statutory fee is payable upon application.  Licensing Act 2003 fees

 

 

On 25 April 2012 Central Government amended licensing legislation for premises licence holders that fail to pay their annual fees.  The Licensing Authority are now permitted to suspend Premises Licences where a licence holder fails to pay the fee by the due date.  Before suspending a licence the licence holder will be given 21 days to pay the outsanding fee.  Failure to pay the fee will result in suspension of the Premises 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 the local authority by the end of the target completion period.

 

 

Apply via post

If you wish to apply for a new premises licence, or interest in a licensed premises, or vary an existing licence please download the relevant form below and complete in full.
 

 

Once completed, applications should be sent to the Licensing Authority, accompanied by the relevant fee and any required documentation at the following address:

 

The Licensing Authority, Scarborough Borough Council, Town Hall, St Nicholas Street, Scarborough, North Yorkshire, YO11 2HG.

 

Please note that unlike online applications the applicant is required to send copies of their applications to the relevant responsible authorities.  The table below details which responsible authorities must receive copies of the application form.

 

 

Application

 

Responsible Authority to be

Consulted

New Premises Licence All
New Provisional Statement All
Variation of premises licence (full) All
Variation of premises licence (minor) None*
Transfer of premises licence Police only

Vary the licence to specify an individual as the designated

premises supervisor (DPS)

Police only
Interim Authority Notice Police only
Notification of interest in a premises None

*The Licensing Authority will consult those responsible authorities

it considers necessary

 
 
List of Responsible Authorities
 
If you have any questions relating to the application process or how to complete the forms please contact the Licensing Service on 01723 232323 or email licensing.services@scarborough.gov.uk.
 

Register

A public register is available online.  If you wish to view the Council's online register please click here.  You can also view a copy of the register at the Council's Offices during normal office hours.  To make an appointment to view the registers please contact the Licensing Service on 01723 232323 or alternatively email licensing.services@scarborough.gov.uk.

 

 

 

Failed Application redress

Please contact the Local Authority in the first instance.

 

An appeal against a decision may be made by the applicant within 21 days from the date of receipt of the notification of the decision to:

 

Scarborough Magistrates’ Court

The Law Courts

Northway

Scarborough

YO12 7AE

 

 

 

Licence Holder redress

Please contact the Local Authority in the first instance.

 

If an application is made by the chief police officer, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations.

 

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. An appeal must be made within 21 days from the date of receipt of the notification of the decision to:

 

Scarborough Magistrates’ Court

The Law Courts

Northway

Scarborough

YO12 7AE

 

 

 

Consumer complaint

An individual or responsible authority may apply to the licensing authority to review a premises licence which will  necessitate a hearing being held by the Licensing Authority. Click here for further information.

 

An appeal against a decision may be made by the applicant, licence holder or a party who has made relevant representations within 21 days from the date of receipt of the notification of the decision to:

 

 

Scarborough Magistrates’ Court

The Law Courts

Northway

Scarborough

YO12 7AE

 

 

Other redress

The chief police officer for the police area where the premises are located can apply to the Licensing Authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given 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.

 

A chief police officer can give a notice to the Licensing Authority if they believe that the transfer of a licence to another, or change in Designated Premises supervisor under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.

 

 

Trade associations

 

Scarborough Borough Council,Town Hall, St Nicholas Street, Scarborough, North Yorkshire. YO11 2HG
Customer First Contact Centre
Gas Safety Week