Applying for a Provisional Statement

A Premises Licence or Club Premises Certificate is required in respect of any premises or part of a premises where it is intended to carry on licensable activity or qualifying club activity.  Where premises are being, or are about to be constructed for the purpose of being used for one or more of those activities, or are being or about to be extended or otherwise altered for that purpose (whether or not they are already being used for that purpose) investors may not commit the necessary investment unless they have some assurance that they have some degree of certainty that a premises licence would be granted for the premises once the work is complete.

Who can apply for a provisional statement?

Any person, if an individual aged 18 or over, who has an interest in the premises may apply for a provisional statement.  'Person' in this instance also includes a business (e.g. the applicant could be a firm or architects, or a construction firm or even a financier).

How long does a provisional statement last?

 
A provisional statement does not have a limited duration. However with the potential for there to be a material change over time, the longer the delay before a premises licence is applied for the greater the potential that representations, at the later application, may be allowed.
 
To apply for a Premises Licence you must send to the Licensing Authority:-
  • a completed application form;
  • a plan to the scale of 1:100 of the premises to which the application relates;
  • a schedule of works which will include a statement made by or on behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are to be used;
  • the fee of £315.

The plan must:

  • be drawn to standard scale, unless we have confirmed in writing that the use of an alternative scale is acceptable;
  • 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;
  • show the location of points of access to and egress from the premises;
  • show, if different from (c) above, the location of escape routes from the premises;
  • in a case where the premises is to be used for more than one licensable activity, show the area within the premises used for each activity;
  • show 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;
  • show, in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
  • show, in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
  • show, in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
  • show the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and,
  • show the location of a kitchen, if any, on the premises
The plan may include a legend through which the matters mentioned above are sufficiently illustrated by the use of symbols on the plan.
 
Copies of the application form and plan must also be sent to all Responsible Authorities.  A notice must be displayed at or on the premises to which the application relates, where it can be conveniently read from the exterior of the premises, for a period of not less than 28 consecutive days from the day following the day the application was given to the Licensing Authority.   Where the premises cover an area of more than 50 square meters, a further identical notice must be displayed every 50 metres along the external perimeter of the premises abutting any highway.  The notice must be on pale blue paper sized A4 or larger and printed legibly in black ink or typed in black in a font size equal to or larger than 16.
 
The notice must state:-
  • details of the relevant licensable activities that it is proposed will be carried on or from the premises,
  • the name of the applicant,
  • the postal address of the premises, or in the case where there is no postal address, a description of the premises sufficient to enable the location and extent of the premises to be identified,
  • the postal address and (where applicable) the worldwide web address where the register of the relevant licensing authority is kept and where and when the record of the application may be inspected,
  • the date by which an interested party or responsible authority may make representations to the relevant licensing authority and that representations should be made in writing,
  • that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

A notice, containing the same details, must be published in a local newspaper or similar publication on at least one occasion during the period of 10 working days following the day after giving the application to the Licensing Authority.  Copies of the application form and plan must also be sent to all Responsible Authorities.  Responsible authorities and interested parties will be able to make representations against the application.  If there are no representations the application will be granted.  If there are representations a hearing will be held before the Licensing Sub Committee.

The Licensing Act 2003 does not empower a licensing authority to refuse a provisional statement. Following the consideration of relevant representations the Licensing Committee may only indicate (as part of the issued statement) that it would consider certain steps to be necessary for the promotion of the licensing objectives when, and if, an application was made for a premises licence or club premises certificate following the issue of the provisional statement.

In order to lessen the potential for an application to be rejected as being invalid, or for representations being made, you are strongly advised to discuss your proposed application and how the forms have been completed with each of the relevant Responsible Authorities.

Application forms may be downloaded by using the link in Related Content.