Licensing Act 2003 Premises Licence and Club Premises Certificate

In this section:

What is a Premises Licence or Club Premises Certificate? 
How do I apply for a Premises Licence or Club Premises Certificate? 
How do I comment on a Licensing application? 
What if there are problems with a Premises or Club which already has a licence?
Online Service
Commenting on applications
Comments

What is a Premises Licence or Club Premises Certificate?

A Premises Licence is required for the sale or supply of alcohol, provision of regulated entertainment or Late Night Refreshment (the provision of hot food or drink between 23:00 and 05:00).

A Club Premises Certificate authorises these activities in respect of qualifying members clubs.

How do I apply for a Premises Licence or Club Premises Certificate?

An application form must be completed to apply for either a Premises Licence or Club Premises Certificate. The forms can be accessed online or downloaded along with various other application forms that may be required once a Premises Licence or Club Premises Certificate has been granted by following the link below:

When submitting new or variation applications for both Premises Licence and Club Premises Certificates copies must also be sent to the relevant other persons who can be found by following the link below.

List of Other Persons for Brighton & Hove City Council Licensing Applications (PDF 25kb)

How do I comment on a Licensing application?

Under the Licensing Act 2003 various powers are now available to safeguard those affected by a licence - some of which didn't exist in the past.  When an application is made for a new or variation of a Premises Licence or Club Premises Certificate there is a 28 day consultation period.
During this consultation another person such as a responsible authority, local resident or local business may submit a representation (either supporting or objecting to the application). Representations must be made relating to one of the four licensing objectives which are:

  • Prevention of Crime & Disorder
  • Prevention of Public Nuisance
  • Protection of Children from harm
  • Public Safety

The Department of Culture Media and Sport (DCMS) has supplied some guidance for other persons who wish to make representations, the council has also produced it's own guidance to assist those persons wishing to make representations together with an application form. All of these documents can be downloaded below.

On 13 March 2008 Council included in the Licensing Policy for 2007-2010 a Special Policy regarding cumulative impact - Statement of Licensing_Policy_Booklet 2011 [6.37Mb PDF] - which provides, along with the Act and government guidance & regulations, the basis of licensing decisions under the new regime.

The effect of this special policy is that applications for new premises licences or club premises certificates or variations which are likely to add to the existing Cumulative Impact, will normally be refused following relevant representations. This presumption can be rebutted by the applicant if they can show that their application will have no negative Cumulative Impact.

What if there are problems with a Premises or Club which already has a licence?

If there are problems with a licenced premises then other persons can report these to the relevant authority. Below is a brief list of who this should be:

  • Noise issues should be reported to the councils Environmental Protection Team on 01273 294490
  • Licensing issues should be reported to the councils Licensing Team on 01273 294429
  • Reports of Crime should be reported to the Police by dialling 999 if it is an emergency or reporting it to your local police station if not or dialling 0845 60 70 999

The Licensing Act 2003 also has provisions for Other Persons living or operating businesses in the area of a licences premises or a body representing them to apply to the Licensing Authority for a Review of the Licence if it is adversely affecting them.

Reviews must be made using a form designed by government which can be downloaded below together with guidance notes from the Department for Culture Media and Sport (DCMS) and Brighton & Hove City Council on how to apply for a review. All applications for a review must be copied to all the relevant Other Persons which can be found in the guidance notes supplied with the application or on the link below.

Application for a Review of a Premises Licence or Club Premises Certificate [PDF 70kb]
DCMS guidance for Other Persons wishing to apply for a Review (PDF 83kb)
Brighton & Hove City Council guidance for Other Persons wishing to apply for a Review (PDF 31kb)
List of Other Persons for calling a review of a Premises Licence or Club Premises Certificate in Brighton & Hove (PDF 25kb)

Online Service

We have developed an online system for licensing applications.  The software has been tested to make sure it is compatible with existing systems and to ensure it is safe & confidential in use. 
Further developments are expected so that applicants, interested parties and other persons will be able to access certain parts of the new system via the internet to: make comments, see what's been asked for, check on progress, etc.
The council's existing online payments system will be extended to accept licensing payments.  Other licensing applications will also be coming online once the system is up & running.
However we are able to accept credit and debit card payments either in person or over the telephone.

Commenting on applications

Applications received are available to view in our on-line Public Register - some will be open to consultation.  Please see our licensing applications page for more details.

Comments

Queries or comments can be emailed directly [ehl.safety@brighton-hove.gov.uk], or please send them to:

Licensing Team
Second Floor
Bartholomew House
Bartholomew Square
Brighton
BN1 1JP