This guidance should assist you in completing and applying for a premises licence under the Licensing Act 2003.
The following information will guide you on what is required in respect of:
However, if you wish to discuss your application, don't hesitate to contact either Sue Lomas or Ian Nicholls on 0845 129 77 77 / 01298 28400 extension 4452 or 4461 respectively.
Click here for further guidance (external website**) to applicants for a new or variation premises licence, and for completing your application.
| A (£0-£4,300) |
B (£4,301- £33,000) |
C (£33,001- £87,000) |
D (£87,001- £125,000) |
E (£125,001+) |
|---|---|---|---|---|
| £100 | £190 | £315 | £450 | £635 |
| *Non-domestic rateable value of premises. Particular types of premises which do not have a non-domestic rateable value are allocated to Band A above. | ||||
| A | B | C | D | E |
|---|---|---|---|---|
| £70 | £180 | £295 | 320 | £350 |
| Occasion on which fee may be payable | Fee |
|---|---|
| Supply of copies of information contained in the register | Set by relevant local authority |
| Application for copy of licence or summary on theft, loss etc of premises licences or summary | £10.50 in all cases |
| Notification of change of name of address (holder of premises licence) | £10.50 in all cases |
| Application to vary to specify individual as premises supervisor | £23.00 |
| Application to transfer premises licence | £23.00 |
| Interim authority notice | £23.00 |
| Application for making of a provisional statement | £195.00 |
| Application for copy of certificate or summary on theft, loss etc of certificate or summary | £10.50 in all cases |
| Notification of change of name or alteration of club rules | £10.50 in all cases |
| Change of relevant registered address of club | £10.50 in all cases |
| Notice of interest in any premises | £21.00 |
This Council does not accept cash payments.
Plans must:
These details are important in making it clear which premises or parts of premises have been licensed if the application is granted; and to enable responsible authorities and interested parties to better consider the adequacy of any operating schedule.
NB. The plans submitted with your application will form part of your Licence, if granted.
Applications for new licence or a variation of an existing licence under the Licensing Act 2003 must be advertised in two ways:
All notices must contain the following information:
The public notice in the newspaper should be along the following lines:
| Licensing Act 2003 Public Notice of application for grant of a*Premises licence/Provisional Statement/Variation/ Club Premises Certificate/Variation Name of applicant:................ |
| 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 is not exceeding £5,000. |
| *insert whichever is applicable |
It is a requirement of the Act that, if you are seeking a new licence or wish to vary an existing licence, each one of the responsible authorities listed below is supplied with a copy of your application at the same time as you send your application to us. For applicants in the Borough of High Peak, the responsible authorities are as follows:
WPC Sandra Barlow, Derbyshire Constabulary, Buxton Division, Silverlands, Buxton, SK17 6QJ
Mr B Cahill, Chief Fire Officer, Derbyshire Fire & Rescue Service, 3 Compton Grove, Buxton, SK17 9DW
In most instances this will be:
Environmental Health, High Peak Borough Council, Council Offices, Hayfield Road, Chapel-en-le-Frith, High Peak, SK23 0QJ
For applications concerning factories, quarries, etc this will be:
Health & Safety Executive, Midlands Region - Nottingham Office, 1st Floor, The Pearson Building, 55 Upper Parliament Street, Nottingham, NG1 6AU
Head of Regeneration, High Peak Borough Council, Council Offices, Hayfield Road, Chapel-en-le-Frith, High Peak, SK23 0QJ
or
Development Control, Peak District National Park Authority, Aldern House, Baslow Road, Bakewell, Derbyshire, DE45 1DS (for any premises falling in their area.)
Environmental Health, High Peak Borough Council, Council Offices, Hayfield Road, Chapel-en-le-Frith, High Peak, SK23 0QJ
Derbyshire Child Protection Committee, (f.a.o. Ms Dona Womack, Strategy Officer), Room F17 Children and Younger Adults, County Hall, Matlock, Derbyshire DE4 3AG
Derbyshire County Council, Cultural & Community Services, Trading Standards Service, Chatsworth Hall, Chesterfield Road, Matlock, DE4 3FW
Should a premise straddle two boundaries the licensing authority in whose area the greatest part of the premises is situated will be the licensing authority for that premise. In rare cases where the premises is located equally in two or more areas, the applicant can choose which authority will be the licensing authority. Close liaison must be kept with both authorities in these instances.
The following authorities border the Borough of High Peak:
In relation to a vessel only (e.g. canal boats):
Not applicable in High Peak.
South Area Office, Appleton House, 430 Birchwood Boulevard, Birchwood, Warrington, WA3 7WD
Trentside Offices, Scarrington Road, West Bridgford, Nottingham, NG2 5FA
Trafalgar House, Temple Court, Birchwood, Warrington, WA3 6GD
This is part of the application form where you will need to set out various details about how the premises will operate when carrying on licensable activities.
Part P of the application form asks you to "Describe the steps you intend to take to promote the four licensing objectives". Each one of the objectives needs to be completed and you may like to give thought to some of the suggestions shown below which could be offered by you in your application.
If the application is granted the information shown on your operating schedule will be incorporated into the licence to set out the permitted activities and the limitations on them.
Please note: Any statement you make in your operating schedule can be reproduced by this Authority to form a condition on your licence.
Does your premises have or intend to have:
*Registered by the Security Industry Authority
Please inform us if you will have:
The main concerns in relation to public nuisance are:
You should consider measures and proposed conditions detailing how you will address each issue.
Sound insulation to the fabric of the building, measures to minimise noise breakout and to prevent disturbance to the surrounding area, use of electronic sound limiters should all be considered.
Please bear in mind that noise, even at low levels, over a long period can be troublesome to local residents and could result in a review of your licence.
Please advise us if you intend to have:
You will receive a letter advising you that your application has been accepted and returning your receipt for payment of the fee, if applicable.
After the 28 day period has expired from the date your application was advertised outside the premises and provided no relevant representations are received, your licence will be issued to you. The Act requires this is done within 2 months of receipt of your application.
Should you think any of the conditions attaching to your licence are unfair, you then have a right of appeal to the Magistrates' Court within the following 21 days.
However, if this authority does receive representations, provided they are not frivolous or vexatious, a Panel Hearing may be called.
The only alternative to a Hearing would be the satisfactory resolution of concerns raised in a representation through negotiations with all parties concerned.
You must ensure that the summary of your licence is displayed on the premises.
Any changes associated with the licence must be notified immediately to this authority.
For instance, if you structurally alter the premises you must notify us or, if alcohol is sold and the premises supervisor leaves, then an application to change the DPS must be made to us.
Please see information on fees.
You and the representees will be invited to attend this Hearing. You may bring a representative with you if you wish.
The Council's Solicitor will be present, as will the Licensing Officer and at least three Elected Members of the Council.
One of the Members will be appointed as Chair for the Hearing.
After an introduction by the Licensing Officer, the representees will have an opportunity to explain to the Panel why they have objected to your application.
You and/or your representative can then respond, explaining how you might deal with the concerns raised.
Questions can be asked by both parties and the panel members.
After hearing all the evidence, Members will then decide whether to issue a licence to you. They may make a reduction on the hours you have requested or place restrictions on certain regulated entertainment. They may also decide that special conditions are placed on your licence.
Your licence will then be issued in line with the decisions of the Panel Hearing.
You then have a right of appeal to the Magistrates' Court within 21 days of receipt of the Licence.
Many establishments are introducing a smoke free policy in advance of possible legislation. Smoke free policies create a safer working environment and demonstrate your commitment to the wellbeing of your staff and customers and could deliver financial benefits too.
75% of the population do NOT smoke. Are you catering for as many customers as possible?
If you would like further information about developing a smoke free policy, contact LesleyS@highpeak.gov.uk or ring 0845 129 77 77 / 01298 28400 extension 4464.
Or will you be an active member of the Safer Pubs & Clubs Scheme or will your business operate in line with the Portman Group guidance? If so you should state this in the schedule.
These Notices can be served on this authority to cover the sale of alcohol, provision of late night refreshment or regulated entertainment for extra hours or activities not already permitted on an existing licence (or where no licence is in place at all).
However, only 12 TENs can be held in any premise in any one calendar year.
The cost is £21.00. For more information or to request a form, contact the address at the bottom of this page.
We would encourage you to make your application 28 days prior to the date of the event.
Licensing Office
Environment & Health Service
High Peak Borough Council
Council Offices
Hayfield Road
Chapel-en-le-Frith
High Peak
SK23 0QJ
LA2003@highpeak.gov.uk
Phone 0845 129 77 77 / 01298 28400 ext 4452
| Environmental Health Officer (for advice on noise, health & safety, food hygiene) | 0845 129 77 77 / 01298 28400 |
| Derbyshire Constabulary 'B' Division - Licensings | 01298 762015 |
| Derbyshire Fire & Rescue | 01298 25973 |
| Security Industry Authority | 020 7907 3700 |
| The Portman Group | 0870 609 6006 |
| Health & Safety Executive | 0845 345 0055 |
| Magistrates' Court | 01298 23951 or 77450 |
**Please note: High Peak Borough Council is not responsible for the content of any external websites.