Where premises are being constructed or altered, or are going to be constructed or altered, people who have an interest in the premises may apply for a provisional statement.
Why apply for a provisional statement
It serves as an indicator as to whether a premises licence is likely to be granted before you begin your construction or alterations.
If a provisional statement is granted, you will still need to apply for a premises licence in the normal way before the premises can be used for any licensable activities.
There is no obligation to apply for a provisional statement prior and it is up to you to decide if you want to apply for one.
In order to lessen the potential for an application being rejected, or for representations being made, we strongly advise applicants to discuss their proposed application with the relevant responsible authorities first.
Vessels, vehicles or movable structures that are not permanently situated or moored can't apply for a provisional statement.
Who can apply for a provisional statement
A person can apply to us for a provisional statement if they are interested in the premises and they are aged 18 or over.
How long does it last
A provisional statement does not have an expiry date. However, we recommend that you apply for a full premises licence as soon as possible. If there is a lengthy delay before a premises licence is applied for there is a greater potential that comments in opposition to your proposal may be received.
A fee of £315 is required on application.
What you need to provide with your application
Please submit the following:
1. Completed application form (and privacy statement if applying by post)
This will provide:
- your details and explain your interest in the premises
- the licensable activities the premises will be used for
- the timings you would want to apply for
- a detailed plan of the works to be done at the premises.
- details of the steps that you will take to promote the four licensing objectives - these will be attached to your licence as conditions
2. A plan of the premises
Applications should be submitted with a plan of the premises which must be in a specific format.
How to produce a premises plan
The plan shall be drawn in standard scale (1:100) unless you have agreed with us in writing beforehand to use an alternative scale.
The plan must show:
- 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
- the location of points of access to the premises
- the location of escape routes from the premises (if different from other access points)
- in a case where the premises is used for more than one existing licensable activity, the area within the premises that will be used for each activity
- in a case where an existing licensable activity relates to the supply of alcohol, the location or locations on the premises which are used for consumption of alcohol
- 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
- if there is a stage or raised area, the location and height of each stage or area relative to the floor
- the location of steps, stairs, elevators or lifts if there are any
- the location of any rooms containing public conveniences if there are any
- the location and type of any fire safety and any other safety equipment
- the location of a kitchen, if any, on the premises
The plan may include a legend through which the matters mentioned or referred to above are sufficiently illustrated by the use of symbols.
3. Confirmation of advertisement of your application
You are required to advertise your application in two ways:
- in a local newspaper
- display a notice on the premises
You should submit confirmation of the newspaper submission with your application and a copy of the newspaper notice as soon as possible.
How to advertise your application
There are specific guidelines your advertisements must follow.
Advertising in a local newspaper
You should publish a notice in a local newspaper on least one day within 10 working days of submitting which your application to us.
You advertisement must contain:
- the name of the applicant
- the postal address of the premises. If it doesn't have one then a description of the premises that makes clear their location and size
- a statement of the relevant licensable activities which you are proposing to carry out
- the postal address and, where applicable, the web address where our licensing register is kept, and where and when the record of the application may be inspected
- the date by which any interested party or responsible authority may make representations (objections)
- explain that any representations need to be made in writing to us
- explain that it is an offence to knowingly or recklessly make a false statement in connection with an application and what the maximum fine is for conviction of this offence
Displaying a notice on your premises
You should display a notice at the premises for a period of no less than 28 consecutive days, starting the day after your application was given to us.
Your notice must be:
- A4 or larger than A4
- a pale blue colour
- printed legibly in black ink or typed in black in a font size of 16 or larger
It must be displayed prominently at or on the premises so that it can be easily read from the outside. If the premises covers an area of more than 50 metres square, a further notice in the same form and subject to the same requirements, must be placed every fifty metres along any external perimeter of the premises that opens onto a highway or street.
4. Confirmation that you have served your application to the responsible authorities
If you are applying online this will be done automatically.
If you have not applied online, you must provide a copy of the full application and documents to all responsible authorities.
What happens once you have made an application
Once we receive your application, a 28 day consultation period begins allowing comments (representations) to be made about the application by responsible authorities and any local residents or interested parties.
During this time, the responsible authorities will work with you to ensure your proposals are in line with the four licensing objectives.
If no objections are received during this period the application will be deemed granted after the last date for representations and your licence will be issued and sent to you.
If relevant representations are received within the 28 day consultation period a hearing will be held within 20 working days to determine your application. You will be notified where and when this will be in writing.
Tacit consent will apply
This means that you will be able to act as though your application is granted if you have not heard from us within 20 working days after the last date of representations. You should contact us for an update on your application at the end of your consultation period to confirm the status.
Apply for a provisional statement
You can apply online for a provisional statement.
How to make an appeal or a complaint
If you want to appeal a decision this must be done through the Magistrates Court within 21 days of our decision being made.