1. What licence do I need to apply for?
2. What is regulated entertainment?
3. What is late night refreshment?
4. How much will a licence cost me?
5. How long are licences valid for?
6. What is a temporary event notice?
7. Our village hall has a premises licence for regulated entertainment only, what do we need to do to include alcohol?
8. If I would like to operate a mobile burger van, what licence will I need?
9. Who can object to a premises licence application or apply to review a premises licence?
10. How to I object to a premises licence application?
11. What happens if someone objects to my application?
12. What can I do if my application is refused or if I am unhappy with the decision of the licensing sub-committee?
13. Once a premises licence has been granted, can it be amended?
14. If a premises is causing a problem, what can I do?
15. How do I apply to review a premises licence?
16. I hold a licence allowing the sale of alcohol for consumption on the premises. What do I need to do if I wish to start serving alcohol to tables outside?
17. Is it possible to licence a boat for the sale of alcohol and/or provision of regulated entertainment?
1. What licence do I need to apply for?
- A premises licence is required for any place in which licensable activities are to take place (sale of alcohol, regulated entertainment, late night refreshment)
- A personal licence is required in order to authorise the sale of supply of alcohol to the public. Each premises licence requires there to be a personal licence holder designated as the premises supervisor (exemption for community premises).
- A club premises certificate is required for registered clubs that wish to provide the supply of alcohol to their members and guests and/or any other licensable activity (regulated entertainment and late night refreshment).
2. What is 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.
3. What is 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.
4. How much will a licence cost me?
- Click here for a list of our fees.
5. How long are licences valid for?
- A personal licence is valid for 10 years
- A premises licence lasts indefinitely unless revoked (as long as the business continues in its current form or unless you wish to vary the terms of the licence).
6. What is a temporary event notice?
- A notice given to the licensing authority and the police to inform us of the intention to hold a small one-off event involving one or more licensable activity. Click here for more information.
7. Our village hall has a premises licence for regulated entertainment only, what do we need to do to include alcohol?
- For a small scale one-off event you would require a temporary event notice.
- If you wish to include the sale of alcohol as a permanent licensable activity you will require a new premises licence. This will require an application fee and an annual fee will be charged. An annual fee is not a requirement for community premises licensed for entertainment only.
- If there is not a personal licence holder in your community who wishes to be specified as the designated premises supervisor, there is an exemption for community premises from this requirement. The responsibility for the sale of alcohol is taken on by the committee as a whole. The committee structure and a robust hiring agreement must be provided as part of the application.
8. If I would like to operate a mobile burger van, what licence will I need?
- If you are selling hot food or hot drinks after 11pm you will need a premises licence.
- Before selling food you must register with your local environmental health department.
- Street trading licences are required in Ivybridge and Torcross beach, elsewhere you will need the landowner’s permission. If you require a street trading licence please contact the licensing department on 01803 861336.
9. Who can object to a premises licence application or apply for a review of a premises licence?
- Responsible authority: Police, Fire & Rescue Service, Health & Safety, Child Protection, Environmental Health, Planning, Trading Standards and Maritime & Coastguard Agency (for boats only).
- Interested Party: someone living in the vicinity of the premises; a body representing persons who live in that vicinity; a person involved in a business in that vicinity or a body representing persons involved in such businesses.
- A District Councillor.
10. How do I object to a premises licence application?
- You can make a representation in respect of an application by writing to:
The Licensing Manager
South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE
- Or by emailing licensing@southhams.gov.uk
- For more information about a premises licence application, please contact the licensing department on 01803 861336.
- An objection must relate to one or more of the four licensing objectives, these are:
-Prevention of crime and disorder;
-Public safety;
-Prevention of public nuisance;
-Protection of children from harm.
Representations which do not address these objectives cannot be considered.
11. What happens if someone objects to my application?
- We will try to mediate between both parties to find an acceptable outcome. This may involve making amendments to the application.
- If mediation is not possible, the application will be heard by the licensing sub-committee which is made up of three members of the licensing committee. They will make a decision based upon the licensing objectives and the evidence provided.
12. What happens if my application is refused or I am unhappy with the decision of the licensing sub-committee?
- You have a right to appeal the decision within 21 days, to the Magistrates Court.
13. Once a premises licence has been granted, can it be amended?
- Yes, you are able to apply to make variations to your premises licence.
- If you wish to make a small amendment to you licence, such as a minor structural change or a change relating to regulated entertainment, it is likely you will be able to apply for this under a minor variation application.
- If you wish to make a more extensive change to the licence, such as completely changing the layout of the premises or increasing hours for sale of alcohol or then you will need to apply for a full variation.
- The procedure for a full variation is very similar to that for applying for a new premises licence.
14. If a premises is causing a problem, what can I do?
- Please call the Licensing Department on 01803 861336 or email licensing@southhams.gov.uk.
- Our initial response would be to try and deal with the issue informally by talking with the licence holder and hopefully reaching an acceptable agreement.
- If a problem persists and cannot be dealt with under alternative legislation, such as Environmental Protection Act for noise nuisance, then you are able to apply for a premises licence to be reviewed. Your objections must relate to one or more of the licensing objectives.
15. How do I apply to review a premises licence?
- If you are experiencing a problem with a premises, you are able to apply for their licence to be reviewed, as long as your objection is in relation to one or more of the licensing objectives.
- To apply for a review, you must complete an application form. This form must be served holder on the premises licence holder, the licensing authority and copied to all responsible authorities.
- Following receipt of a complete application for a review, the licensing authority will advertise the notice of the application. During the next 28 days other interested parties and/or responsible authorities are able to submit their own representations. A hearing date will then be set.
16. I hold a licence allowing the sale of alcohol for consumption on the premises. What do I need to do if I wish to start serving alcohol to tables outside?
- If the area outside is a pavement or highway, you will need to apply to Devon County Council for a street café licence.
- Once you have obtained a street café licence, or if the area is on your own land, you will then need to apply to vary your premises licence to allow persons to take alcohol off the premises into your designated seating area.
17. Is it possible to licence a boat for the sale of alcohol and/or provision of regulated entertainment?
- Yes. A premises licence will be required. The same procedure is required to licence a boat as for a building on land. In addition to the standard responsible authorities, a copy of the application will also need to be sent to the Maritime and Coastguard Agency.
