Provisional Statements

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. If you intend to build or alter a premises that will be used for licensable activities, provided that you are aged 18 or over and have an interest in the premises you can apply for a provisional statement.

Whilst you will need to complete a provisional statement and must provide a schedule of works and plans, the rest of the requirements, application procedure and decision making are the same as if you are applying for a new licence.

What do I do when the work is finished ?

You will need to apply for a premises licence. Provided nothing substantial has changed representations will not be accepted if the person could reasonably have been expected to make such an objection at the time the Provisional Statement was applied for and there has been no material change in circumstances of the premises or the vicinity of them.

Eligibility Criteria

Any of the following may apply for a provisional statement:

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.

Regulation Summary

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

Application Evaluation Process

Applications can be made in writing or via our online application system 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. To view the requirements of the plans please click here. 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, provisional statements 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.

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. Further guidance issued by the government on minor variations is available here.

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

Provisional statement application public notice template - ( Premises / Newspaper )

A statutory fee is payable upon application. To view the Licensing Act 2003 fees click here.

The Secretary of State has produced Guidance under section 182 of the Licensing Act 2003. To view this guidance click here. The Licensing Authority when considering any application has regard to this guidance.

As a requirement of the Act the Licensing Authority has also produced a Licensing Policy that is used by the authority when determining applications. To view the Council's Licensing Policy click here.

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 online (available soon)

Apply via post

If you wish to apply for a provisional statement please download the relevant form below and complete in full.

Application for a provisional statement

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

The addresses for all of the responsible authorities are available here.

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 interested party 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.

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

A review application pack is available here.

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.