Licensing Act 2003 premises licences

Premises licences


Licence summary

To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales.

Eligibility criteria

Any of the following may apply for a premises licence:

  • anyone who uses carries on a business in the premises to which the application relates
  • a recognised club
  • a charity
  • a health service body
  • a person who is registered under 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 or function under Her Majesty's prerogative
  • a person from an educational institute
  • any other permitted person

Applicants must not be under 18 years of age.

Regulation summary

A summary of the eligibility criteria for this licence

Application evaluation process

Applications must be sent to the licensing authority for the area where the premises are located.

Applications must be in a specific format and be accompanied by any required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).

An operating schedule will 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 premises supervisor
  • whether any alcohol that is to be sold is for consumption on or of the premises or both
  • the steps proposed to be taken to promote the licensing objectives
  • any other required information

Applications for a New Premises Application & for a Variation of Premises Licence under the Licensing Act 2003 must also be submitted to the responsible authorities.

Applications to Transfer, Vary/disapply the Designated Premises Supervisor and apply for an interim authority must also be sent to the Police.

Applicants may be required to advertise their application and to give notice of the application to any other person or responsible body, eg the local authority, chief police officer or fire and rescue authority.

The licensing authority must grant the application, which can be subject to conditions. A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.

The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious) and the chief of police.

Applications can also be made to vary or transfer a licence. A hearing may have to be heard 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.

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

OR

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. You can do this online here if you applied through the UK Welcomes service or use the contact details below

Downloadable forms - apply via post

Apply online

Failed application redress

Please contact us in the first instance.

If an application for a licence is refused the failed applicant can appeal.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Licence holder redress

Please contact us in the first instance on the details at the bottom of this page.

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

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

Licensing Act 2003 statement of licensing policy

Licensing Act 2003 statement of licensing policy

Public registers

Public registers are available to view at our office between 9.30am – 4.30pm Monday to Fridays.

To view our public registers please contact the licensing department to make an appointment on the details below.

Contact us

Licensing Unit
Walsall Council
Civic Centre
Darwall Street
Walsall
WS1 1TP

Telephone 01922 653050
Email Licensing@walsall.gov.uk

This page was last updated on 14 November 2014