To sell or supply alcohol, to provide regulated entertainment or to provide late-night refreshments you need to be licensed by your Local Authority.
The following people, provided they are over 18 years of age, may apply for a Premise Licence:
- Anyone who carries on, or intends to carry on, a business in the premises which involves the use of the premises for any licensable activity
- A recognised club
- A charity
- A health service body or 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 proprietor of an educational institution
- Any other permitted person
A Summary of the Licensing Act 2003 has been produced by the Department for Culture, Media and Sport.
Application Evaluation Process
Applications must be sent to the Licensing Authority for the area where the premises are located.
Applications must be in a specific format and be accompanied by the appropriate fee.
The application will need to 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
- In the case of applicants who wish to have a limited licence, the period the licence is required for
- Information in respect of the Premises Supervisor
- Whether any alcohol that is to be sold is for consumption on or of the premises or both
- The steps proposed to be taken to promote the licensing objectives
- Any other required information
Applicants will also need to provide a plan of the premises, which must be in a specified format, and a form of consent from the intended premises supervisor where the application seeks the sale of alcohol.
Applicants will be required to advertise their application in the form of public notices and an advert in a local newspaper. They are also required to serve copies of their application to the Responsible Authorities.
Applicants are encouraged to consider the Council's Statement of Licensing Policy and HM Government's Guidance published under section 182 of the act when preparing their operating schedule and the steps they propose to take to promote the licensing objectives.
The Licensing Authority must grant the application unless "relevant" representations (ie representations that were not deemed frivolous or vexatious) against the grant have been received.
A Hearing must be held where "relevant" representations are made in respect of the application.
If a Hearing is held the Licence can be granted; or granted subject to additional conditions. Licensable activities listed in the application can be excluded or the application can be rejected.
The Licensing Authority will serve a notice of its decision on the applicant, any person who has made "relevant" representations and the Chief Officer of Police.
Applications can also be made for variation to an existing Licence, and the procedure is broadly similar to that for the initial grant of the licence. Again, a Hearing may be necessary if "relevant" representations are received.
Other applications that can be made are applications for transfer, for minor variation, for interim authority notice following the death, incapacity or insolvency of a Licence Holder.
Where problems associated with the operation of a premises and its failure to meet the licensing objectives then application may be made by Interested Parties, as defined under the Act, or Responsible Authorities for a Review of the Premises Licence.
Tacit Consent does apply to Premises Licences.
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. For Rother District Council the target completion period for a Premises Licence is 30 calendar days from receipt of the application.
The fee for your Licence will depend on the rateable value of your premises, the capacity of the premises, it's location and also the type of application. Our dedicated fee page explains fees in further detail.
Who you must send a copy of your application to.
Find out who is entitled to make representation in relation to an application.
You will find all our pdf application forms on our dedicated application form page.
Because Premises Licensing is covered by the European Services Directive, you can also apply for you licence online using the gov.uk website.
Includes information on redress for the applicant and Licence Holder and information on complaints for customers.
You may find the following organisations useful: