Apply for a new Premises Licence
The following is intended as a guide to making an application for a premises licence. Hyndburn Borough Council cannot take responsibility or liability for any errors or omissions. You may wish to seek your own independent legal advice before making any licensing application to the Licensing Authority.
To carry out ‘licensable’ activities from a premises you’ll need to apply for a premises licence. Under the Licensing Act 2003 these licensable activities are:
- the retail sale of alcohol;
- the provision of regulated entertainment;
- the provision of late night refreshment.
The legislation (the Licensing Act 2003) provides a clear focus on four statutory objectives, which must be addressed when licensing functions are undertaken. These are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Any person (aged 18 or over) who is carrying on, or who proposes to carry on, a business which involves the use of premises (any place including one in the open air) for licensable activities can apply for a premises licence. This can be for a permanent basis or for a time limited period.
A person in this context can be:
- an individual
- a business
- a partnership
- a charity
- a hospital
- a school
Under the Licensing Act 2003, premises can be any place including:
- a building
- a moveable structure
- an open space
- a vehicle or vessel.
To make an application for a new premises licence, you need to:
- complete the prescribed application form which includes an Operating Schedule. To see more about how we record and store your information please see the Council’s privacy notice.
- enclose the prescribed fee by either cash, cheque or Postal Order made payable to Hyndburn Borough Council. We can also take credit/debit card payments over the telephone
- enclose a plan of the premises to which the application relates
- if the licence is to include the sale of alcohol, state the identity and enclose the consent of the Designated Premises Supervisor
- documents demonstrating the applicant’s entitlement to live and work in the UK (see guidance from the Home Office)
Once your application is complete, it must be submitted to the Licensing Authority by either post or email.
A copy of the completed application and accompanying documents must be served on all of the “Responsible Authorities” (including Home Office Immigration Enforcement), on the same day as the application is submitted to the Licensing Authority. If you do not send full copies to the Responsible Authorities, any one of them can declare your application to be invalid. If you are applying by email, the Licensing Authority will forward the application on.
As part of the application process, you are required to publicise your application in two different ways:
- by publishing a public notice in a local newspaper, on one occasion within 10 working days of submitting your application to the Licensing Authority. Local newspapers to Hyndburn are Accrington Observer and Lancashire Evening Telegraph.
- by displaying a statutory notice (on blue paper, A4 or larger) at or near the premises, for 28 days.
Advertising your application gives Responsible Authorities, local residents and any other person the opportunity to make representations in respect of your application during the 28 day notice period. If the representation is valid the application will be referred to a Licensing Sub-Committee for determination, unless the representation is withdrawn. In some cases, the Licensing Authority will invite parties involved to a mediation meeting.
If there are no representations, the application will be granted in the terms sought.
Once a premises licence is granted, it will last until such time as it is surrendered or revoked. An annual administration fee is payable in respect of all premises licences. This fee falls due on the first anniversary of the grant of the licence and every year thereafter.
Please use the following web link for application forms and guidance on applying for a premises licence to sell alcohol, late night hot food and drink or provide public entertainment (31 January):
To see more about how we record and store your information please see the Council’s privacy notice.