How to Complete your Application Form

New Premises Licence

Licensing Act 2003

Incomplete ApplicationsWe cannot accept incomplete applications. The time limit for processing will not, therefore, start until you have supplied a correctly completed application, fee, and all other documentation required.

Duration of LicencePremises Licences last for the life of the business and do not need to be renewed. There is however an annual maintenance charge which is payable to the Licensing Authority on the anniversary of the date of issue of your initial licence.

Designated Premises Supervisor (if supplying alcohol)Those premises from which alcohol is sold (except for registered clubs) must appoint a Designated Premises Supervisor (DPS). This person is ultimately responsible for everything that happens on the premises, including offences that may take place. You are only permitted to nominate one DPS per premises. The DPS does not have to be present all the time. However, as they are responsible for ensuring the premises are compliant with the law, we would suggest you appoint somebody who has day-to-day responsibility for the relevant part of the business.The DPS must hold a valid personal licence. A separate guidance sheet and application form is available.

This information has been made as comprehensive as possible. However, in attempting to simplify the law, certain requirements have been omitted. Full details of what you must do are in the legislation itself. Laws can and do change. This information was accurate when produced, but may have changed since. We must advise that only the Courts can give an authoritative opinion on statute law.

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Applications for a New Premises Licence

PreambleIf you are completing the form by hand please write legibly in BLOCK CAPITALS. In all cases ensure that your answers are inside the boxes and written in black ink. Us additional sheets if necessary.

Insert the name of the applicant on the first line.

Part 1 (of the application form)Provide the detail as requested e.g. postal town, post code etc.Include the Non-domestic rateable value of the premises. This can be obtained from your business rates bill or the Valuation Office http://www.voa.gov.uk

Part 2 (of the application form)The first part of this section concerns the type of applicant you are. Tick the appropriate box.Go to the part of the form relating to the section you have ticked

e.g. Subsection section (A) for individual applicants, and complete that part.Subsection (b) for companies, charities, schools, etc.

Part 3 (of the application form) Operating Schedule

Start DateUnless you specify otherwise, your variation if granted will not take effect until the second appointed day. You can ask for it to take effect at a later date if you wish but no variation can commence earlier than the second appointed day.

End DateIf you wish the Premises Licence to end at a particular date, specify it here.

Description of the Premises

Your description should state: Whether the premises are detached, terraced etc and what they adjoin, e.g. “terraced

adjoining cab office and florist shop”; Description of main use of premises, e.g. pub, restaurant, nightclub; How many floors the premises consists of; Which floors are used for licensable activities; What entertainment facilities are provided, if applicable; Brief descriptions of what other parts of the premises are used for.

So for example you might say, “Three storey detached building used primarily as public house. Top floor used for hotel accommodation, first floor has a function room hired out for private parties. Ground floor consists of bar area and kitchen. Bar area used for public to drink and dance. Piano and karaoke machine in bar area.” Include any other information you feel may be relevant to the licensing objectives.Please check the notes at the end of the application form.

Licensable ActivitiesThe licensable activities are listed here and you must put a tick against the licensable activities you intend to provide. (Please read the next section on hours of operation before filling out any of the tables on licensable activity):

Opening TimesYou must state what licensable activities you intend to provide, and the times you would like to do this. Times must be given in the 24 hour clock.All times commence at 12 midnight where applicable. There are two boxes for times, to account for when you remain closed during the day (or do not wish to provide licensable activities).

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Let’s say you wanted to open from 11.00am to 11.00pm on Mondays to Thursdays, 11.00am to 2.00am on Fridays and Saturdays, and from 11.00am to 10.30pm on Sundays. You would fill the boxes in like this:

Supply of AlcoholDay Start Finish

Monday 1100 2300- -

Tuesday 1100 2300- -

Wednesday 1100 2300- -

Thursday 1100 2300- -

Friday 1100 0000- -

Saturday 0000 02001100 0000

Sunday 0000 02001100 2230

Seasonal VariationsThis would allow you to open later on say, Christmas Eve, or to open later during the summer months (you would have to specify which months). You need to say when you want to open and for how long. We recommend you use this box if you know you want to open later during seasonal periods, rather than wasting a Temporary Event Notice in applying for extensions.

Non Standard TimingsThis caters for special events or Bank Holidays, for example. You may normally open until 11.00pm on Mondays, but on the first Monday of every month a folk club meet at your premises and you would like to provide alcohol and regulated entertainment until midnight on these occasions. You would put the details in this box.

Indoors or OutdoorsIf licensed activities will take place in a building or similar structure, please tick “Indoors”. If activities are to take place in the open air, or with a roof cover and no side wall covers, please tick “Outdoors”. If you are a pub with a garden (for example) and you would like licensable activities to take place in the garden, you would tick both boxes.

Further DetailsYou are expected to state the type of activity to be authorised and where applicable, the frequency of these activities. (If you intend to provide licensed activities regularly you do not need to specify this).

Table A (on application form)Plays - if the premises licence is for a one off event, you would put the play title here. Otherwise you would state, for example, whether the plays are for children only, a mixed audience, for an amateur dramatics association, and so on.

Table B (on application form)Film Exhibitions - if a cinema, you may say here how many screens you have. You may describe the type of films you intend to show, e.g. art films, mixed films for all age ranges, and so on.

Table C (on application form)Indoor Sporting Events - describe the type of sports you intend to provide.

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Table D (on application form)Boxing and Wrestling Entertainments - the category of fights you may wish to provide, whether they will be professional or amateur and so on.

Table E (on application form)Performance of Live Music - how many musicians do you intend to have performing, what type of music will they play, and will the music be amplified or unamplified?

Table F (on application form)Playing of Recorded Music - what sort of recorded music? Will it be a DJ or a sound system? What is the power output of any sound system to be used? Will you be providing karaoke?

Table G (on application form)Performance of Dance - what type of dancing? Will there be a stage or will it be roaming dancers, such as striptease artistes?

Table H (on application form)Entertainment of a Similar Description - describe the type of entertainment, e.g. comedy shows, hypnotism performances etc.

Table I (on application form)Provision of Facilities for Making Music - describe the provision, e.g. a piano, guitars etc. Describe how the facilities will be used, e.g. a folk club.

Table J (on application form)Provision of Facilities for Dancing - describe where the dancefloor will be, what size it is etc.

Table K (on application form)Provision of Facilities for Entertainment of a Similar Description - describe what the facilities are and what they might be used for.

Table L (on application form)Late Night Refreshment - Say what you intend to do, e.g. selling food for takeaway purposes only, selling food for consumption on the premises, the type of food you sell etc.

Table M (on application form)Supply of Alcohol - this table must be completed if alcohol is to be supplied on the premises. If part M is completed you must also complete Part B3 on the application form.

Designated Premises Supervisor (if supplying alcohol)Those premises from which alcohol is sold (except for registered clubs) must appoint a Designated Premises Supervisor (DPS). This person is ultimately responsible for everything that happens on the premises, including offences that may take place. You are only permitted to nominate one DPS per premises. The DPS does not have to be present all the time. However, as they are responsible for ensuring the premises are compliant with the law, we would suggest you appoint somebody who has day-to-day responsibility for the relevant part of the business.The DPS must hold a valid personal licence. A separate guidance sheet and application form is available.

Table N (on the application form)Activities That May Give Rise to Concern in Respect of Children - This could include nudity or semi-nudity (such as exotic dancers) or the presence of gaming machines.

Table O (on the application form)Hours Premises are Open to the Public - State the earliest time people are admitted to the premises, and the latest time they will leave.

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P (on the application form) - Steps You Intend to Take to Promote the Four Licensing ObjectivesPlease read the separate guidance sheet on preparing operating schedules.This is a very important part of the form. You must use this area to demonstrate that you will be able to run your business in the new manner without contravening any of the four licensing objectives.You need to satisfy the responsible authorities and any other interested parties (e.g. local residents), that you can run the premises responsibly and in accordance with the licensing objectives. If these people do not feel the steps you propose are adequate, they may object to the variation being granted.It is clearly in everybody’s interests to reduce the likelihood of people objecting to your variation. You should therefore think very carefully about how you are going to address the four licensing objectives. You only need to state the measures you will take regarding the variation you seek, not the way you currently run your business. So think about the variation you are seeking, and any potential problems it could cause.Some examples of things you may wish to consider are given below.

General - All Four Licensing Objectives Providing registered door supervisors; Having a Personal Licence Holder on the premises at all times the licence is being used; Staff training on licensing issues; Installing a CCTV system.

The Prevention of Crime and Disorder Drugs policies/notices; Membership of a local Pubwatch scheme; Providing adequate lighting; Use of a walkie talkie link to other licensed premises in the area; Age restrictions; Search policies; Bottle bans.

Public Safety Provision of emergency lighting; Provision of additional escape routes; Accommodation limits; First Aid provision; Seating arrangements; Use of special effects; Number of attendants.

The Prevention of Public NuisanceThis area is particularly important if you are seeking to extend your licence hours. You are not expected to control or seek to control the behaviour of persons once they have left the premises.

Provision and use of a noise limiting device; Secondary glazing/soundproofing; Noise patrols of the local area; Keeping the music to a reasonable level; Litter clearance; Considerate loading/unloading arrangements; Controlling noxious odours from cooking etc; Not using external areas after a certain time; Restricting hours that amplified music will take place; Keeping doors and windows closed while the licence is being used; Prevention of light pollution; Notices asking patrons to leave quietly.

The Protection of Children from Harm Restricting access to adult entertainment, e.g. lap dancing, age restricted films etc;

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Provision of children’s areas; CRB checks of staff involved in looking after young people; Proof of age cards; Prevention of access to gaming machines; A limit on the hours during which children can be present on the premises; Requirement to be accompanied by an adult; Requirement for attendants to be present when children’s activities are taking place.

You are not expected to address issues already covered by existing legislation, e.g. “I will not serve to people who are obviously drunk” or “I will not serve alcohol to under-18’s”.Whatever you put in this section will become a condition of your licence. Therefore you should not specify anything that you are not able, or not prepared to do if the variation is granted.It may be that no additional steps are required, in which case you can leave the relevant box(es) blank.

Part 4 - Signatures If the application is made by a limited company, partnership or unincorporated association, someone who has the capacity to bind the company or partnership should sign. Your Agent may sign on your behalf providing he or she has the actual authority to do so.Where there are two applicants, they both must sign the form.For straight conversions applicants must send a copy of the application with all relevant documents (e.g. plans) to the police at:

Documents to be IncludedYou must enclose the following:

The fee; An appropriate plan of the premises. The standard scale for plans to accompany applications

should be 1 to 100 and must show:

a. The location of the extent of the boundary of the building, and if different, the perimeter of the premises.

b. The position of any external and internal walls.c. The location of exits from the premises.d. Escape routes from the premises must be shown if they are different to the exits from the

premises.e. Where the premises is to be used for more than one licensable activity, the area within the

premises used for each activityf. The position of any fixed structures or fixed furniture or similar objects which are

temporarily in a fixed position may impede use of the exits or escape routes.g. Where the premises include a stage or raised area, the location and height of each stage

or area relative to the floor.h. The location of any steps, stairs, elevators or lifts.i. The location of any room(s) containing public conveniences.j. The location and type of any fire safety or other safety equipment.k. The location of the kitchen (if any) upon the premises.

To assist the Fire Authority and the other responsible authorities the plan may include a legend through which the matters mentioned or referred to in a - k above are sufficiently illustrated by the use of symbols on the plan.

The consent form from the proposed Designated Premises Supervisor (who must be a personal licence holder).

Advertising Your Application

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In your PremisesThe application should be advertised upon the premises by displaying a notice containing details of the proposal including the name of the applicant, the address, the licensing authority name and address, the period when representations may be made and reminders that representations must be in writing and that making a false statement is an offence. The notice must be pale blue in colour, be of a minimum size A4, printed legibly in black ink or typed in black in a font size equal to, or larger than 16.

The notice must be displayed in a prominent position where it can conveniently be read by the public from the exterior of the premises. It must remain in place for a not less than 28 consecutive days starting on the day after which the application was submitted to the Licensing Team. Where the premises covers an area of more than 50 metres square, further notices in the same format must be placed every 50 metres along the external perimeter of the premises adjacent to the highway.

In the Local PressYou must also publish notice of your variation application in a Local Newspaper. The notice must be published at least once during the occasion 10 working days starting the day after the application was made to the licensing Authority. A form for this purpose is available We request that proof of your newspaper advertisement be provided to Fylde Borough Council, as soon as is practically possible.

Local papers for the Fylde are:

The Evening GazetteAvroe HouseAvroe CrescentBlackpool Business ParkBlackpool FY4 2DPTel. 01253 400800

Lytham St Annes Express12 St Annes Road WestLytham St AnnesLancsTel: 01253 724236

The form of advertising is specified in the Personal Licences, Hearings, Premises Licenses and Club Premises Certificates and Licensing Register Regulations which can be viewed at the Office of Public Sector Information Website www.opsi.gov.uk. A sample is also attached at annex 1.

Copy to Responsible AuthoritiesIn order for your application for variation to be submitted correctly you must send the original application together with all the relevant documents to :

The Licensing Team:Fylde Borough CouncilTown HallSt AnnesLytham St AnnesLancs FY8 1LWTel: 01253 658658Fax: 01253 713113E-Mail: licensing@fylde.gov.uk

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A copy of your application together with all the relevant documents must also be sent to the following:

The Lancashire Constabulary:Lancashire ConstabularyLicensing UnitWestern Division HQBonny StreetBlackpoolFY1 5RLTel: 01253 293933

Fire SafetyLancashire Fire and Rescue ServiceSt Annes Fire Station St Andrews Road NorthSt AnnesLancs FY8 2JQTel: 01253 722286

Local Weights and Measures AuthorityPrincipal Officer for Underage SalesLancashire Trading Standards58-60 Guildhall StreetPrestonPR1 3PRTel: 01772 533573

Child Protection Paul JenkinsLancashire Safeguarding Children’s Board Manager Room B52, PO Box 61County HallPrestonPR1 8RJTel: 01772 536288

Primary Care TrustVicky PuttSenior Public Health Improvement SpecialistNHS North LancashireMoor Lane MillsLancasterLA1 1QD

Environmental Protection, Health & Safety and PlanningEnforcement of the Health & Safety at Work Act 1974 etc. is undertaken by the Health & Safety Executive or inspectors of the local authority Environmental Services Division. The allocation of responsibility is described in The Health and Safety at Work (Enforcement Authority) Regulations. The majority of premises in the Service Industry sector are the responsibility of the inspectors employed by the Local Council.

To simplify the application process 3 further copies of the original application together with supporting documents should be forwarded to the Licensing Team who will distribute them throughout the Authority.

The address for communication is as previously quoted and representatives form the Departments can be contacted as follows:

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Health and SafetyTel: 01253 658620

Environmental ProtectionTel: 01253 658604

PlanningTel: 01253 658460

Any of these authorities are entitled to make representations about your application, providing they are relevant to any of the four licensing objectives. Local residents and businesses may also make representations, providing they are relevant to any of the objectives.

If your application is incomplete you may have to resubmit it to all these authorities. Please note that your application will not be processed until all the relevant and correct documents are received.

What if Relevant Representations are Made?If representations are made, the Council will initially try to mediate between parties. For example, the Police may object to the Designated Premises Supervisor you have nominated. This could be resolved by removing that person from the application and replacing them with somebody deemed more suitable.If mediation fails, the Council’s Licensing Panel will determine your application. The Panel is comprised of elected Members of the Council.You will be invited to attend the hearing to give evidence, answer questions, and call any witnesses. The Panel will listen to evidence from both sides before deciding whether to grant the variation. They may grant it as requested, grant with conditions (provided these are relevant to the licensing objectives) or refuse your application.

AppealsIf you are dissatisfied with a decision made by the Council, you may appeal to the Magistrates Court, within 21 days of being notified of the Council’s decision.

FeesThe Department for Culture, Media and Sport have published a system of standard fees set by the Secretary of State. The Statutory Instruments detailing these fee’s were published on 21st January 2005:

Band A B C D E

Non Domestic Rateable Value None -£4300

£4301 - £33000

£33001 - £87000

£87001 - £125000

£125000 +

Premises LicencesNew application and variation £100 £190 £315 £450 £635Multiplier applied to premises used exclusively or primarily for the supply of alcohol for consumption on the premises (Bands D & E only)

N/A N/A N/A X2(£900)

X3(1905)

Annual Charge* £70 £180 £295 £320 £350Annual charge multiplier applied to premises used exclusively or primarily for the supply of alcohol for consumption on the premises (Bands D & E only)

N/A N/A N/A X2(£640)

X3(£1050)

Schools, Church Halls and Village HallsAn application for a Premises Licence which relates to the provision of regulated Entertainment only. No Fee shall be payable if:

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1. The application is by a proprietor of an school or a college, in respect of premises that are or form part of that school or college; and the provision of regulated entertainment is carried on by the school or college for or on behalf of them and their purposes.

2. That the application is in respect of premises that are or form part of a church hall, chapel hall or other similar building; or a village hall, parish hall or community hall or other similar building.

Other Fees Permitted Temporary Activities, Personal Licences and Miscellaneous

Application or Notice FeeSection 25 – Theft, loss, etc. of premises licence or summary £10.50Section 29 – Application for a provisional statement where premises being built. £315.00

Section 33 – Notification of change of name or address £10.50Section 37 – Application to vary licence to specify individual as premises supervisor. £23

Section 42 – Application for transfer of premises licence £23Section 47 – Interim authority notice following death, etc of Licence holder £23

Section 79 – Theft, loss etc. of certificate or summary £10.50Section 82 – Notification of change of name or alteration of rules of club £10.50Section 83(1) or (2) – Change of relevant registered address of club £10.50Section 100 – Temporary Event Notice £21Section 110 – Theft, loss, etc. of Temporary Event Notice £10.50Section 117 – Application for a grant or renewal of Personal Licence £37Section 126 – Theft, loss, etc. of Personal Licence £10.50Section 127 – Duty to notify change of name or address £10.50Section 178 – Right of freeholder, etc. to be notified of licensing matters £21

Contact Us:Licensing TeamFylde Borough CouncilSt Annes Town HallLytham St AnnesLancashireFY8 1LW

Email: licensing@fylde.gov.ukPhone: 01253 658658Fax: 01253 713113Internet: www.fylde.gov.uk/licensing/

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BOROUGH OF FYLDE

LICENSING ACT 2003 - NOTICE OF APPLICATION FOR A PREMISES LICENCE

Premises

Notice is given that has applied to Borough of Fylde Licensing Authority for a Grant/Variation of a Premises Licence under the Licensing Act 2003.

The Licensable activities are:

Anyone who wishes to make representations regarding this application must give notice in writing to:

Licensing DepartmentFylde Borough CouncilTown HallLytham St. AnnesLancashireFY8 1LW

Or by e-mail to: licensing@fylde.gov.ukRepresentations may be made for 28 consecutive days from the date of this notice.

The Application Record and Register may be viewed between 9am & 5pm Monday to Friday at the above address or at - www.fylde.gov.uk

It is an offence under Section 158 of the Licensing Act 2003, 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 is up to level 5 on the standard scale (£5000).

Dated:

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