Premises Licences

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.


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.

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.

Regulation Summary

A summary of the eligibility criteria for this licence

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, e.g. 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 (i.e. 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.

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 if you applied through the UK Welcomes service or use the contact details below.

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.

NB: You must have the latest version of Acrobat Reader installed.  The forms may NOT be used to make a postal application.  

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

You should also send a copy of your application to the authorities listed in the Responsible Authorities list here:

Licensing Act 2003 Responsible Authorities

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.

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.

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, Citizens Advice 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.

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.

Trade Associations

Association of Licensed Multiple Retailers (ALMR)

Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)

Federation of Licensed Victuallers Associations

In partnership with EUGO