Premises_Licence_(New_and_Full_Variation_Applications)_Applicant_Guidance_(v13)_(11.08.20)

• A Registration Certificate or document certifying permanent residence issued by the Home Office to a national of a European Economic Area country or Switzerland.. • A Permanent Residen

PREMISES LICENCE (NEW AND FULL VARIATION APPLICATIONS)

APPLICANT GUIDANCE – LICENSING ACT 2003

This document is issued by Chichester District Council, the ‘Licensing Authority’, as a general guide to assist applicants with making a complete and correct new or full Premises Licence variation application in compliance with the requirements of the Licensing Act 2003 It is not, however, intended to be a fully comprehensive summary of the statutory legislation and its associated regulations and guidance

If you would like further advice, please contact the Licensing Authority (the ‘Authority’):

Licensing Team, Growth & Place, Chichester District Council, East Pallant House, 1 East Pallant,

Chichester, West Sussex, PO19 1TY – Tel: 01243 534740or email: licensing@chichester.gov.uk

1 E NTITLEMENT TO W ORK IN THE UK (N EW A PPLICATIONS O NLY ) 1

Appendices

1 W EST S USSEX F IRE AND R ESCUE S ERVICE – G UIDANCE N OTE 13

3 E NVIRONMENTAL P ROTECTION T EAM – G UIDANCE N OTE 16

4 S TATUTORY N OTICES – E XAMPLE T EXT FOR N OTICE T O B E D ISPLAYED AT

P REMISES AND N EWSPAPER A DVERT

18

1 ENTITLEMENT TO WORK IN THE UK (N EW A PPLICATIONS O NLY )

All applicants (individuals or partnerships but not companies or limited liability partnerships) living in the

UK must be entitled to be in the UK and to work in a licensable activity Applicants who are not living in the UK are not required to be eligible to work in the UK to hold a Premises Licence

An individual is disqualified from applying for a Premises Licence if:

(a) the individual requires leave (immigration permission) to enter or remain in the UK and has not been granted it, or

(b) the individual has been granted such leave and the leave -

 is invalid,

 has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time, or otherwise), or

 is subject to a condition preventing the person from doing work relating to the carrying on of

a licensable activity

Where appropriate, applicants are required to submit one of the following documents as evidence of an

entitlement to work in the UK Please provide either a photocopy or scanned copy of the original

document (which does not need to be endorsed as a true copy) and not the original Please also

ensure that in all respects the copy provided is clearly legible

• An expired or current passport showing the holder, or a person named in the passport as the child

of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the

UK [See note below about which sections of the passport must be provided]

• An expired or current passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of an European Economic Area country or Switzerland

• A Registration Certificate or document certifying permanent residence issued by the Home Office

to a national of a European Economic Area country or Switzerland

• A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland

• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home

Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK

• A current passport endorsed to show that the holder is exempt from immigration control, is

allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK

• A current Immigration Status Document issued by the Home Office to the holder with an

endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no

time limit on their stay in the UK, when produced in combination with an official document

giving the person’s permanent National Insurance number and their name issued by a

Government agency or a previous employer

• A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, when produced in combination with an official

document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer

• A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when

produced in combination with an official document giving the person’s permanent National

Insurance number and their name issued by a Government agency or a previous employer

• A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance number and their

name issued by a Government agency or a previous employer

• A current passport endorsed to show that the holder is allowed to stay in the UK and is currently

allowed to work and is not subject to a condition preventing the holder from doing work relating to the carrying on of a licensable activity

• A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home

Office to the holder which indicates that the named person can currently stay in the UK and is allowed to work relating to the carrying on of a licensable activity

• A current Residence Card issued by the Home Office to a person who is not a national of an

European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights of residence

• A current Immigration Status Document containing a photograph issued by the Home Office to the

holder with an endorsement indicating that the named person may stay in the UK, and is allowed

to work and is not subject to a condition preventing the holder from doing work relating to the

carrying on of a licensable activity when produced in combination with an official document

giving the person’s permanent National Insurance number and their name issued by a

Government agency or a previous employer

• A Certificate of Application, less than 6 months old, issued by the Home Office under regulation

17(3) or 18A(2) of the Immigration (European Economic Area) Regulations 2006, to a person who

is not a national of an European Economic Area state or Switzerland but who is a family member

of such a national or who has derivative rights of residence

• Reasonable evidence that the person has an outstanding application to vary their permission to be

in the UK with the Home Office, such as the Home Office acknowledgement letter or proof of postage evidence, or reasonable evidence that the person has an appeal or administrative review pending on an immigration decision, such as an appeal or administrative review reference number

• Reasonable evidence that a person who is not a national of an European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights of

residence in exercising treaty rights in the UK

including: evidence of the applicant’s own identity – such as a passport,

- evidence of their relationship with the European Economic Area family member – e.g a marriage certificate, civil partnership certificate or birth certificate, and

- evidence that the European Economic Area national has a right of permanent residence in the UK or is one of the following if they have been in the UK for more than 3 months:

a) working e.g employment contract, wage slips, letter from the employer,

b) self-employed e.g contracts, invoices, or audited accounts with a bank,

c) studying e.g letter from the school, college or university and evidence of sufficient

funds, or d) self-sufficient e.g bank statements

Family members of European Economic Area nationals who are studying or financially independent must also provide evidence that the European Economic Area national and any family members hold comprehensive sickness insurance in the UK This can include a private medical insurance policy, an

EHIC card or an S1, S2 or S3 form.

Original documents must not be sent to licensing authorities If the document copied is a

passport, a copy of the following pages should be

provided: any page containing the holder’s personal details including nationality;

- any page containing the holder’s photograph;

- any page containing the holder’s signature;

- any page containing the date of expiry; and

- any page containing information indicating the holder has permission to enter or remain in the UK and is permitted to work

If the document is not a passport, a copy of the whole document should be provided

2 LICENSING OBJECTIVES

The Licensing Act 2003 (the ’Act) has four objectives that are paramount, they are:

(a) Prevention of Crime and Disorder;

(c) Prevention of Public Nuisance; and

(d) Protection of Children from Harm

Each of the licensing objectives is of equal importance, and applicants must carefully consider in the

‘Operating Schedule’ (see Section 4 below) how they will promote each when licensing functions are undertaken

3 LICENSABLE ACTIVITIES

There are four activities that are regulated by the Act, these are known as the ‘licensable activities’, they are:

(a) The sale by retail of alcohol;

(b) The supply of alcohol by or on behalf of a Club to, or to the order of, a member of the Club; (c) The provision of regulated entertainment; and

(d) The provision of late night refreshment

4 WHAT IS A PREMISES LICENCE

A Premises Licence (the ‘licence’) is granted to authorise a premises to be used for licensable

activities The licence will be subject to conditions regulating the use of the premises to ensure that the four licensing objectives are promoted A licence has effect until it is revoked, lapsed, suspended or surrendered and is not time limited unless the applicant so requests

5 OPERATING SCHEDULE

For both new and full variation applications, an Operating Schedule is required as part of the

application This should include information that enables an assessment to be undertaken by

Responsible Authorities and any other person in relation to the steps that have, or will, be taken to promote the licensing objectives For example it must set out the following:

 The relevant licensable activities to be conducted on the premises;

 The times during which it is proposed that the relevant licensable activities are to take place (including the times during each day of the week, during particular holiday periods and seasons, if it

is likely that the times would differ during different parts of the year);

When completing the application form and requesting ‘non-standard timings’, it is important that applicants clearly identify both the time and dates to ensure that all Responsible Authorities and any other person are made fully aware of when the proposed non-standard timings will occur This will enable a valid and reasoned judgement on an application to be made by Responsible Authorities and any other person It is acceptable to request non-standard timings for recognised dates such

as ‘St George’s Day’, ‘Bonfire Night’, ‘Burns Night’, ‘the first Friday in August’ or ‘the last Friday,

Saturday and Sunday in January’.

Examples of non-standard timings which would not be acceptable as being compliant with the requirements of Section 17(4) of the Act would include the following:

‘General – Olympic and Commonwealth Games Football – National teams in World Cup or

European Cup (qualifying rounds and finals) Rugby – National teams in World Cup, European Cup and England, Scotland, Wales, Ireland or Lions tours Cricket – National team in World Cup, test matches, the Ashes and England tours Boxing – Major world championships Motor sport – Grand Prix and World Rally Championships’, ‘one day in June’ or ‘a Thursday, Friday and Saturday in July’.

If applicants state a non-standard timing as shown above, the application will not be

accepted by the Authority as being validly made in accordance with the provisions of the Act.

 Any other times when the premises are to be open to the public;

 Where the licence is required only for a limited period, that period;

 Where the licensable activities include the retail sale of alcohol, the name and address of the individual to be specified as the Designated Premises Supervisor (the ‘DPS’) The DPS must be a holder of a Personal Licence and this person will normally have been given day to day responsibility for running the premises by the holder of the licence It is this Authority’s view that the DPS does

not have to be on the premises at all times, although it is anticipated that they will spend a

significant amount of their time at the premises when it is trading It should also be noted that if the

DPS is the only Personal Licence holder at the premises, they must authorise all non-Personal

Licence holders who makes retail sales of alcohol at the premises, to do so on their behalf This Authority strongly recommends that such authorisation is given in writing This is in accordance with the Statutory Guidance issued by the Home Office which is available from

https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003 To assist, this Authority has drafted an example written

authorisation document which is available from our website at

https://www.chichester.gov.uk/article/25496/Compliance-information-and-advice

 Where the licensable activities include the retail sale of alcohol, whether the alcohol will be supplied for consumption on or off the premises or both; and

 The steps that the applicant proposes to take to promote the licensing objectives, (please remember, in each case regard must be had to the particular type of premises and/or licensable activities being applied for) The Statutory Guidance issued by the Home Office provides at Section

2 a wealth of information in relation to the formulation of conditions, this is available from

https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003

To assist, below we have provided information on some areas that applicant’s may wish to consider in relation to each of the licensing objectives

PREVENTION OF CRIME AND DISORDER

 Radio links and telephone communications

 Door supervisors

 Restricting access to glassware

 Alternatives to traditional glassware

 Open containers not to be taken from the premises

 CCTV

 Restrictions on drinking areas

 Capacity limits

 Proof of age cards

 Crime prevention notices

 Drinks promotions

 Signage

 Large capacity venues used exclusively or primarily for the ‘vertical’ consumption of alcohol (HVVDs)

PUBLIC SAFETY

 Safety checks

 Escape routes

 Disabled people

 Lighting

 Capacity limits

 Access for emergency vehicles

 First aid

 Temporary electrical installations

 Indoor sports entertainments

 Special effects

 Alterations to the premises

In addition to the above points, there are particular public safety matters which should be considered in connection with theatres and cinemas

Premises used for closely seated audiences

 Attendants

 Seating

 Drinks

 Balcony fronts

 Special effects

 Ceilings

Premises used for film exhibitions

 Attendants – premises without a staff alerting system

 Attendants – premises with a staff alerting system

 Minimum lighting

THE PREVENTION OF PUBLIC NUISANCE

 Hours

 Noise and vibration

 Noxious smells

 Light pollution

THE PROTECTION OF CHILDREN FROM HARM

 Access for children to licensed premises – in general

 Age restrictions – specific

 Age restrictions – cinemas

 Theatres

 Performances especially for children

 Children in performances

 The Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks

 Proof of age cards

West Sussex Fire & Rescue Service, Sussex Police and the Environmental Protection Team (three

‘Responsible Authorities’ under the Act), have provided some additional guidance on this matter and this is provided at Appendix 1, 2 and 3 As these have been independently produced, if you require any clarification in connection with them, please contact the appropriate Responsible Authority direct using the contact details specified within Section 8

6 PLAN OF PREMISES

Plans are not required to be drawn to a particular scale, however they must be in a format which is clear and legible in all material respects, i.e they must be accessible and provide sufficient detail in order to determine the application, including the relative size of any features relevant to the application The plan may include a legend through which the matters mentioned or referred to below are

sufficiently illustrated by the use of different coloured lines/symbols on the plan Please note that the plan must be included at the time the application is submitted

The plan must show clearly the following:

(a) the extent of the boundary of the building, if relevant, and any external and internal walls of the building, and if different, the perimeter of the premises;

(b) the location of points of access to and egress from the premises;

(c) if different from (b) above, the location of escape routes from the premises;

(d) in a case where the premises is to be used for more than one licensable activity, the area within the premises used for each activity;

(e) fixed structures (including furniture) or similar objects temporarily in a fixed location (but not

furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;

(f) in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;

(g) in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;

(h) in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;

(i) the location and type of fire safety and any other safety equipment (e.g fire extinguishers, fire doors, fire alarms, location of CCTV cameras and other similar equipment) including, if applicable marine safety equipment (e.g marine evacuation equipment and other similar equipment); and (j) the location of a kitchen, if any, on the premises

7 ADVERTISING APPLICATIONS

1Applications for both a new or full variation of a licence must be advertised in accordance with the requirements detailed below

DISPLAYING A NOTICE

(a) A notice must be displayed for a period of no less than 28 consecutive days (starting on the day

after the day on which the application was given to the Authority) The notice must be of a size equal to 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 16pt

(b) The notice must in all cases be prominently displayed at or on the premises to which the

application relates It must be sited so that it can be conveniently read from the exterior of the premises In the case of a premises covering an area of more than fifty metres square, a further notice complying with the same requirements must be displayed every fifty metres along the external perimeter of the premises abutting any highway

PUBLISHING A NOTICE

1A notice must be published 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 Authority), in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the

premises

2CONTENT OF NOTICES

3

4In all cases, the notices referred to above, shall state -

 the name of the applicant;

 the postal address of the premises which is subject of the application, 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, where applicable, the worldwide web address where the register of the relevant Authority is kept and where and when the record of the application may be inspected The relevant address to see the Authority’s register is, Licensing Authority, Chichester District Council, East Pallant House, 1 East Pallant, Chichester, West Sussex, PO19 1TY and the offices are open

Monday to Thursday 8.45am to 5.10pm and Friday 8.45am to 5.00pm The Authority does not currently have an online register

 the date by which a Responsible Authority or any other person may make representations to the relevant Authority;

 that representations shall be made in writing (this includes email); and

 that it is an offence knowingly or recklessly to make a false statement in connection with an

application and that a person is liable to an unlimited fine on conviction should such a false

statement be made, and

either;

 In the case of new licence, the notice(s) must contain a statement of the relevant licensable

activities which it is proposed will be carried on or from the premises, or

 In the case of an application to vary a licence, the notices shall briefly describe the proposed

variation(s)

Appendix 4 shows a text only example of the layout/information that is appropriate for the statutory Notices that are required to be displayed at the premises and published as set out above However, it should be noted that it is the applicant’s responsibility to ensure that both Notices meet in all respects the requirements of the legislation and regulations, dependent upon each type of application submitted

Prior to placing an order for an advert to be published, we would strongly recommend that it is confirmed with the Authority that the application has been accepted as having been validly submitted

8 FEES

The fees payable in respect of applications concerning licences are set by central Government They are based on the non-domestic rateable value of each premises, which are currently split into five individual bandings, A-E shown below

Band

Non-domestic

rateable value

A

(£0

-£4,300)

B

(£4,301 -

£33,000)

C

(£33,001 -

£87,000)

D

(£87,001 -

£125,000)

E

(£125,001 +)

If applicants do not know the ‘banding’ into which a premises falls, then they may contact the Valuation Office Agency (VOA) by telephone on 0845 602 1507 Alternatively a search can be undertaken using the VOA website at https://www.tax.service.gov.uk/business-rates-find/search The current

non-domestic rateable value will also be shown on the latest Non Domestic Rate Bill issued by Chichester District Council

Where a premises does not have a non-domestic rateable value, it automatically falls into Band A, unless the premises are in the course of construction, in which case it falls into Band C

Where an application relates to a licence that would or already authorises licensable activities to take place at a premises at which 5,000 or more people may be allowed at any one time, there is an

additional application fee payable

Once a licence is granted, an annual fee is payable on each anniversary of the date that the licence was initially granted This fee is again determined by the non-domestic rateable value of the premises and there is again an additional amount payable if the licence allows more than 5,000 people

E XEMPTION FROM P AYMENT OF F EES

In certain circumstances, there are exemptions from paying fees that relate to the provision of

regulated entertainment only These relate to schools and colleges and to church halls, village hand

alike For further details please contact the Authority

P AYMENT OF F EE

Application fees should be paid by card via our Customer Services Team when visiting the council offices or by telephone on 01243 534740

Please see below for details of the fees payable

Table 1 - Fees payable for Premises Licence applications:

Band

Non-domestic rateable value A

(£0

-£4,300)

B

(£4,301

-£33,000)

C

(£33,001

-£87,000)

D

(£87,001 -

£125,000)

E

(£125,001 +)

Application for grant of a new

Application for variation of a

Table 1

* In a case where the application relates to a premises in Band ‘D’ or Band ‘E’, and the use of the

premises is exclusively or primarily for the supply of alcohol for consumption on the

premises, the amount of fee is, in the case of Band ‘D’, two times the amount of the fee applicable

for that Band, and in the case of Band ‘E’, three times the amount of the fee applicable for that Band

Table 2 – An additional fee is to be paid in respect of an application for, or full variation of, a licence

that authorises licensable activities to take place at premises at which 5,000 or more people may be allowed at any one time

Table 2

9 RESPONSIBLE AUTHORITIES ADDRESSES