The Licensing Act 2003 makes provision for an application for a Provisional Statement. This can be applied for by an applicant where the premises for which they apply are about to be built, are being built, or where a major alteration or extension is planned. This does not include vessels, vehicles or movable structures that are not permanently situated, moored or berthed.
The procedure enables the applicant to have an assessment made as to the feasibility of the proposed development prior to obtaining a premises licence and therefore prior to incurring any substantial expenditure and costs.
There is no obligation to apply for a Provisional Statement prior to applying for a premises licence and it is for the applicant to decide which to apply for.
To apply for a Provisional Statement, you must:
- submit a completed application form including an operating schedule.
- To see more about how we record and store your information please the Council’s privacy notice
- If alcohol is to be sold, the name of the Designated Premises Supervisor;
- Include the prescribed fee of £315.00, this can be either cash, cheque or Postal Order made payable to Hyndburn Borough Council. We can also take credit/debit card payments over the telephone
- enclose the plans of the works to be done at the premises
- send copies of the application and the plan to the Responsible Authorities
- publicise the application by displaying an A4 size notice immediately on or outside the premises for a 28 day period.
- publish the application in a local newspaper (Accrington Observer or Lancashire Evening Telegraph) within 10 workings days of submitting the application to the Licensing Authority
Like a premise licence, advertising your application gives Responsible Authorities, local residents and any other interested parties the opportunity to make representations in respect of your application during the 28 day notice period. If the representation is valid it may result in a Licensing Sub-Committee under Hearing Regulations. In some cases, the Licensing Authority will invite parties involved to a mediation meeting.
Where there are no objections or relevant representations, the Licensing Authority must grant the licence 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. This may result in:
- The rejection of the application;
- The refusal to accept a Designated Premises Supervisor (if the licensable activities relate to the supply of alcohol)
- The attachment of conditions to the licence if this is necessary for the promotion of one or more of the licensing objectives.
Following the issue of a provisional statement, the applicant must then apply to the Licensing Authority for a premises licence upon completion of the work. Under s32 of the Act, where the new premises is substantially the same as the premises described for the provisional statement, and the work has been satisfactorily completed, representations in respect of the application for the premises licence, are excluded. However, representations may be made against the premises licence where there has been a material change in circumstances relating to the premises or to the area in the vicinity of those premises since the provisional statement was made, and where the relevant person making the representation had a reasonable excuse for failing to make a representation about the provisional licence.