Licence summary
A premises licence is required to authorise a premises to be used for licensable activities, namely:
- The sale by retail of alcohol
- The supply of alcohol by clubs
- The provision of regulated entertainment
- The provision of late night refreshment
You will need a licence from the South Hams District Council if your premises are in the South Hams area.
Regulated entertainment
This is defined under the Licensing Act 2003 as:
- a performance of a play;
- an exhibition of a film;
- an indoor sporting event;
- a boxing or wrestling entertainment (indoor and outdoor);
- a performance of live music;
- any playing of recorded music;
- a performance of dance;
- entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance;
but only where the entertainment takes place in the presence of an audience and is provided at least partly to entertain that audience.
Late night refreshment
The provision of late night refreshment means the supply of hot food or hot drink to the public, for consumption on or off the premises, between 11:00 pm and 5:00 am or the supply of hot food or hot drink to any persons between those hours on or from premises to which the public has access.
Eligibility criteria
Any of the following may apply for a premises licence:
- any person who is carrying on or who proposes to carry on a business which involves the use of the premises to which the application relates
- a recognised club
- a charity
- a health service body
- a person who is registered under Part 2 of 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 function or function under Her Majesty's prerogative
- a person from an educational institute
- any other permitted person
A person in this context can be a business or a partnership.
Applicants must not be under 18 years of age.
A premises includes any place (locations within buildings or outside in the open air) and includes a vehicle, vessel or moveable structure. A premises licence can be granted on a permanent basis or for a time limited period.
Regulation summary
A summary of the regulation relating to this licence
Application evaluation process
Grant of new premises licence
An application for a premises licence must be made to the licensing authority for the area in which the premises is situated.
The application must be accompanied by:
- the required fee;
- an operating schedule,
- plan of the premises;
- if alcohol is to be sold, the name of the designated premises supervisor (dps) and consent form signed by the proposed dps;
- confirmation that the application has been simultaneously served to the appropriate responsible authorities.
Operating schedule
An operating schedule is a document in which the applicant sets out various details on how a premises is proposed to operate when carrying on licensable activities.
It must 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 designated premises supervisor, if the licensable activities include the retail sale of alcohol
- where alcohol is supplied, whether supplies are for consumption on and/or off the premises
- a statement of the steps the applicant proposes to take to promote the licensing objectives
- any other required information
The significance of the operating schedule is that if the application for the premises licence is granted, it will be incorporated into the licence and will set out the permitted activities and any limitations.
Plan of the premises
An application for a premises licence must be accompanied by a scaled plan of the premises to which the application relates. A premises plan must be of the standard scale –1:100 (unless previously agreed by the Licensing Authority in another format). The Licensing Authority’s preference is that plans should not be larger than A3 in size.
Responsible authorities
These are public bodies that must be fully notified of applications and that are entitled to make representations to the licensing authority in respect of the application. All representations made by responsible authorities are relevant representations if they concern the effect of the application on the licensing objectives.
The responsible authorities are:
- the Chief Officer of Police;
- the Devon and Somerset Fire and Rescue Service;
- South Hams District Council Health and Safety Team;
- the Health and Safety Executive;
- South Hams District Council Environmental Protection Team;
- South Hams District Council Planning Department;
- Devon County Council Children and Young Persons Services;
- Devon County Council Weights and Measures.
- Maritime & Coastguard Agency (boats only)
Consultation and advertising
The responsible authorities have 28 consecutive days to consider the application served upon them. Members of the public/interested parties also have a 28-day period within which to consider making a relevant representation - see 'Representations' below.
To advertise the application, the applicant must clearly display a Notice immediately on or outside the premises for a period of no less than twenty eight consecutive days starting on the day following the day on which the application was given to the South Hams District Council licensing department and during which time interested parties may make representations.
The Notice must be:
- of a size equal or larger than A4
- of a pale blue colour
- printed legibly in black ink or typed in black in a font of a size equal to or larger than 16.
For properties with a frontage onto a highway more than 50 metres long, the Notice should be displayed at 50 metre intervals.
Additionally, the applicant must publish a notice in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises. This must be advertised on at least one occasion during the period of ten working days starting on the day after the day on which the application was given to the South Hams District Council licensing department.
Content of notice (for premises display and advertisement in local paper)
The Notice should clearly contain a brief summary of the application setting out details as follows:
- proposed relevant licensable activities to be carried on or from the premises;
- the name of the applicant;
- the postal address of the premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises to be identified;
- the postal address and, where applicable, the world-wide web address where the record of the application may be inspected.
For this purpose the address will be:
The Licensing Authority
South Hams District Council
Follaton House
Plymouth Road
TOTNES
Devon
TQ9 5NE
Tel: 01803 861234
www.southhams.gov.uk
- the dates between which an interested party and responsible authorities may make representations to South Hams District Council (see advertising applications above);
- a statement that representations shall be made in writing; and
- a statement that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence - £5,000
Representations
A hearing on an application will occur where representations from interested parties or responsible authorities are received, as long as these are not deemed to be frivolous or vexatious objections:
- interested parties are businesses or residents in the vicinity of the premises and people representing businesses or residents;
- responsible authorities are as described above.
However, these representations must be considered by the licensing authority to have an impact on the promotion of one or more of the licensing objectives.
It is important to note that representations can be negative (objection) or positive (in support) of the application and must be made in writing or by email (see contact details below).
Where no objections or relevant representations are made by responsible authorities or interested parties, the licensing authority must grant the premises licence on the 29th consecutive day subject only to the mandatory conditions and the operating schedule.
If relevant representations are received, the licensing authority must hold a hearing and consider the representations, unless successful mediation has occurred.
Mediation
Mediation is successful where all parties, ie the applicant, all parties making relevant representations and with the agreement of the licensing authority; agree that the reasons for representation have been overcome and that these may be reflected in the licence issued, ie the operating schedule / licence conditions.
Any agreed changes to the original application must be formally passed at a hearing before the licensing sub-committee.
Hearing (mediation unsuccessful)
Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant, responsible authorities and interested parties at least 10 working days before the day of the hearing.
The applicant and parties described above must give notice to the Licensing Department at South Hams District Council at least 5 working days before the start of the hearing stating:
- whether they will attend the hearing in person;
- whether they will be represented by someone else (e.g. lawyer / councillor / MP);
- whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing);
- any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application
Hearing - what action is available to the licensing sub-committee?
When a hearing is held, the committee must take such steps as it considers necessary for the promotion of the licensing objectives.
These are:
- grant the licence subject to:
-the conditions volunteered in the operating schedule, modified to such extent as the committee considers necessary for the promotion of the licensing objectives;
-any mandatory conditions;
- exclude from the scope of the licence any of the licensable activities to which the application relates;
- refuse to specify a person in the licence as the premises supervisor;
- reject the application.
View committee hearings procedure
Determination
Where an application is either granted or rejected, the licensing authority will give a notice to that effect to the applicant, relevant responsible authorities and interested parties having made a successful representation and the chief officer of police for the area in which the premises is situated.
Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application.
Other premises licence applications
Applications can also be made to vary or transfer a licence or to change the Designated Premises Supervisor (DPS). A hearing may have to be held if representations are made or conditions relating to a transfer are not met.
Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.
Target completion time
Once South Hams District Council have received the completed application and associated supporting documents (if required) from the applicant the target completion time will be 29 days.
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. This does not apply to minor variation applications.
Apply online
New premises licence
Apply for a new premises licence
Variation to premises licence
Apply to vary your premises licence
Minor variation to premises licence
Apply for a minor variation to your premises licence
Transfer of premises licence
Apply to transfer your premises licence
Consent for premises licence to be transferred
Change of DPS
Apply to vary the designated premises supervisor
Consent to be designated premises supervisor
Disapplication of DPS
Apply for the requirement of a designated premises supervisor to be disapplied
Interim authority notice
Apply for an interim authority notice
Notification of interest
Notification of interest in a premises under section 178
Provisional statement
Apply for a provisional statement
Change of name or address
Notification of a change of name or address
Request to be removed as DPS
Request to be removed as designated premises supervisor
Forms to download, print, and post
Alternatively, click on one of the links below to open a copy of your required application form.
New premises licence
Application for the grant of a new premises licence
Variation to premises licence
Application to vary your premises licence
Minor variation to premises licence
Application for a minor variation to your premises licence
Transfer of premises licence
Application to transfer your premises licence
Consent of premises licence holder to transfer
Change of DPS
Application to change the designated premises supervisor
Consent to be designated premises supervisor
Disapplication of DPS
Application for the requirement of a designated premises supervisor to be disapplied
Interim authority notice
Interim authority notice
Notification of interest
Notification of interest in a property
Provisional statement
Application for a provisional statement
Change of name or address
Notification of change of premises details
Notification of a change of circumstances for a premises licence holder
Notification of a change of circumstances for a personal licence holder
Review
Application for the review of a premises licence
Further information
Committee Hearings Procedure Licensing Act 2003 – Information for Parties
Failed application redress
Please contact The Licensing Department at South Hams District Council in the first instance.
Appeal
Right of appeal exists to the Magistrates' Court for both applicant, relevant responsible authorities and interested parties and must be lodged with the Court within 21 consecutive days of the date of the objection notice.
The longest possible expected timescale for the determination of the grant of a premises licence, where a hearing proceeds, is 91 days (excluding the appeals process).
Fees
The fee for the grant of a premises licence is based on the non-domestic rateable value of the premises.
Click here to view fees for licence applications.
Contact details
Address
Licensing Department
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE
Tel: 01803 861234
Fax: 01803 861294
Email: licensing@southhams.gov.uk
Public register
Click here for information on how to view the public register.
Licence holder redress
Please contact The Licensing Department at South Hams District Council 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.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Consumer complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre
An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
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, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.
An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.
An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.
A chief police officer may make representations to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.
An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Trade associations
Association of Licensed Multiple Retailers (ALMR)
Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
Federation of Licensed Victuallers Associations (FLVA)
