Applying for an alcohol license

Setfords Legal Guides

Applying for an alcohol licence

For businesses

T: 0845 450 6135

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Setfords Legal Guides

Applying for an alcohol licence When the Government altered the licensing laws in 2003, the idea was to create a “cafe culture” very much along the continental lines. This means that cafes, coffee bars, sandwich bars and restaurants should be able to obtain a licence to sell alcohol much more easily than in the past.

Applying for a licence no longer involves a trip to the Magistrates’ Court and the hours of operation are no longer “set in stone” by law. Nevertheless, there are still a number of formalities to go through, notices to be served, adverts to be placed and displayed and councils, which are now the licensing bodies, must still have a licensing policy which has to be complied with. This is a lot to get to grips with, and in many cases the local authority will require special conditions to, for instance, prevent nuisance to neighbours and make sure that children are protected.

There are a number of steps as part of the application process in order to ensure a smooth running application. These include:• Discussing your requirements, such as opening

times and the sort of activities to be covered by your licence

• Preparation of the application form• Ensuring that the plan complies with the

regulations (see below)• Contact the Council to find out if there are any

specific controls or restrictions they would want to see offered as part of the application

• Preparing documents to be served on the “responsible authorities” (Police, fire service, environmental health etc) and make sure those parties are notified at the right time

• Preparing the notice which needs to be displayed on site (usually referred to as “the blue notice”)

• Arranging for the necessary advertisement of the application to be placed in a local newspaper and confirm that to the licensing authority

• Advising you of the progress of the application and pass on the formal licence when granted

What needs to be included & considered

The plan needs to be drawn up with specific requirements in mind such as where the fire exits are. You may already have a suitable plan of the premises you wish you have licensed.

If you are not sure, we will check the plan for you and let you know whether it is suitable. If you don’t have a plan one will need to be drawn up and we can organise that for you, although there is an additional charge for that service.

Objections are sometimes made even in the most ordinary cases. If there are objections then the Council will normally organise a meeting of the licensing sub-committee where you will be able to attend and make representations directly to Committee members. As an additional service, we can represent you at any such hearing. The costs involved for this will vary depending on what the objections are and how many there are, but we will agree those with you at the time.

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Setfords Legal Guides

You will need to nominate a Designated Premises Supervisor (DPS). If you do not hold a personal licence, or do not have an employee with a personal licence who will act as DPS, we can assist you with attaining a personal licence. You will need to take a training course (usually 1 – 2 days) and sit a short exam in order to attain an appropriate qualification. We can arrange this for you through a local trainer convenient to you. A Criminal Records Bureau check will be required and you would also need to supply a passport sized photograph for the licence. For a small additional fee we can oversee the personal licence application as well as the premises licence application.

Additional special conditions may be asked for by any of the responsible authorities. We will happily negotiate and liaise with those bodies to make sure that your application is passed, but this may incur an additional charge.

Application fees are in addition to our charges. Most premises attract an application fee of £195.00, usually set on the rateable value of the property. If the premises is particularly large, such as a sports stadium, or are unusual, such as a boat, the fees may vary and we will advise you of that before we confirm our instructions with you.

Advertising fees are also in addition to our fees. We will need to place an advertisement in a local paper, and the costs of doing this can vary widely. Whilst we will try to negotiate the best deal for you, the cost of the advertisement is likely to be considerable, certainly several hundred pounds and possibly over

Additional spend

T: 0845 450 [email protected]

How much are the legal fees likely to be?

Our standard fixed fee for carrying out all of the work covered by the above bullet points on the previous page is £950.00 + VAT. If you wish to instruct us, we will need a deposit from you of £600.00 and the remainder, including the application fee and the advertisement costs, immediately before we submit the application.

How long will the application take?

Once the application form has been prepared and the plan drawn up, it normally takes about 30 days for all the notices to be sent out, advertisements placed and displayed and for the Council to deal with the application and approve it. If the application has to go to the licensing sub-committee, that will take longer and we would advise you at the time.

T: 0845 450 [email protected]

Contact Us

For more information on applying for an alcohol license please contact:

Matthew Barrett T: 0121 345 8100M: 07939 118871E: [email protected]

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This content of this guide is for information purposes only and does not constitute legal advice. For detailed legal advic please contact us and we will be happy to assist. No liability can be accepted in relation to any reliance on the content of this guide. Copyright in this publication belongs to Setfords Solicitors. Extracts may not be copied without our express permission. Setfords Solicitors is a trading name of Meaby and Co Solicitors LLP. Our registered number is OC322672. Our registered office address is 2 Camberwell Church St Camberwell Green London SE5 8QY. We are regulated by the Solicitors Regulation Authority SRA number 447880