| Licence summary |
A "premises licence" issued by the local authority is
needed before late-night refreshment or regulated
entertainment can be provided, or alcohol sold, in England and
Wales.
Entertainment:
The definition of “regulated entertainment” for the purpose of
this Act is complicated. Where the conditions below are met,
authorisation is needed for the types of entertainment and
provision of facilities for entertainment listed below -
Entertainment includes performance of plays, exhibition of
films, indoor sporting events, boxing/ wrestling, live music,
recorded music, performance of dance, and entertainment like music
or dance.
Entertainment facilities include facilities for enabling persons
to take part in entertainment like making music or dancing (or
similar).
There are a number of exemptions, detailed in the
legislation.
- Condition one - the entertainment is (or facilities are)
provided (1) to any extent for members of the public or a section
of the public, (2) exclusively for members of … a qualifying club…
and their guests (this is new) or (3) where it is for
“consideration and with a view to a profit”.
- Condition two – the premises on which the entertainment is
(facilities are) provided are made available for the purpose, or
for purposes which include the purpose, of enabling the
entertainment to take place.
Late night refreshment:
A premises licence is needed to authorise supply of hot foot or
hot drink for consumption on or off premises between 11pm and 5am
the following morning. This includes mobile vehicles (when they are
parked) and takeaways, which have not needed a licence before.
There are a number of exemptions.
Sale of Alcohol:
Authorisation under the licensing act is needed for any sale of
alcohol, whether direct or indirect. This will usually
be by way of a Premises Licence. For
occasional events, please see our "temporary event notice" pages.
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| Eligibility Criteria |
Any of the following may apply for a premises licence:
- anyone who is in a position to use 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.
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| Regulation Summary |
A summary of the eligibility criteria for this licence
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| 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
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 Officer of Police, or Fire
and Rescue Authority.
If there are no representations (objections), the licensing
authority must grant the application. A hearing will
generally be held if any representations are made in respect of the
application - the application may then be
refused, granted, or granted subject to additional conditions
and/ or with licensable activities limited
or excluded.
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 applications for Review of
Premises Licences.
For more information about applying for and making variations to
Premises Licences please visit our Licensing Act 2003 page.
We are happy to help you to complete forms by appointment at our
office: we can send application forms for you to complete or you
can download them from our Licensing Act
page with our guidance notes, which explain the
process.
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| Will Tacit Consent Apply? |
Yes, except for applications for "minor variation": if we do not
determine such applications within 15 working days they are deemed
refused - the Government considered that deemed refusal was
necessary in this case to minimise the risk of any high risk
changes being approved inadvertently. For other premises licence
related application types, you will be able to act as though your
application is granted if you have not heard from us by the
end of the target completion period. You can contact
us online
here if you applied through the UK Welcomes service or use the
contact details below.
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| Apply online |
Follow these links to apply ONLINE through the national
Business Link portal. To use this service you will have to
register with the Government Gateway, a simple process.
Please note that you must NOT use these forms for postal
applications.
Note that when an application for a new licence is made
totally ONLINE (including all supporting documentation and payment)
the applicant does not have to copy the application to the
Responsible Authorities, we will do that.
Apply
for a premises licence in Malvern Hills
Apply for a
provisional statement
Apply for a the need for a Designated Premises
Supervisor in a community premises, to
be disapplied
Application to vary a premises licence to
specify an individual as designated premises
supervisor and the proposed designated premises supervisor
must complete the consent
to be designated.
Application for a
minor variation to a premises licence or club premises
certificate
Apply to
vary your premises licence
Apply to
transfer your premises licence AND
Consent to transfer
Notify us of an
interest in premises
Apply for an Interim
Authority Notice (where licence holder has died or become
insolvent etc)
Request to
be removed as designated premises supervisor
Notify us of a
change of name or address
Make annual
fee payment for a premises licence.
NB: You must have the latest version of Acrobat Reader
installed. The forms may NOT be used to make a postal
application.
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| Apply by Post |
Please note: you may NOT use the online forms above to make
postal applications.
Telephone or e-mail us to ask for an application form, or
download application forms for postal applications from
the Home
Office. Send the completed form(s) with application fee to us at
the Licensing Department, Malvern Hills District Council, The
Council House, Avenue Road, Malvern, Worcestershire, WR14 3AF
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| Failed Application Redress |
Please contact us, in the first instance.
If an application for a licence is refused the failed applicant
can appeal to the Magistrates' Court, within 21 days of
notice of the decision.
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| Licence Holder Redress |
Please contact us, in the first instance.
If an application is made by the Chief Officer of Police, 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.
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| Consumer Complaint |
We would always advise that in the event of a complaint the
first contact is made with the trader by you - preferably in the
form a letter (with proof of delivery). If that has not worked, if
you are located in the UK, Consumer Direct will give
you advice. From outside the UK contact the UK European Consumer Centre.
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.
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| Other Redress |
Anyone suffering nuisance due to noise, smells
or similar because of a commercial premises should contract the
Worcestershire Hub phone number 01684 862151.
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.
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| Trade Associations |
Association of Licensed Multiple
Retailers (ALMR)
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Broadcasting, Entertainment,
Cinematograph and Theatre Union (BECTU)
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Federation
of Licensed Victuallers Associations
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