Premises Licence Management FAQ
The following information is intended as a guide to the main provisions of the legislation.
Applicants should take their own professional and legal advice where appropriate.
Tunbridge Wells Borough Council offers a “Pre-Application Advice service which can be found at our Pre application advice service page.
There will be a fee involved however the amount charged will depend on the type of changes being made. Please see the “licensing fees” page on our website.
Yes, you can change the name of your premises by notifying the licensing authority by completing the online form at “Change name or address” on our website.
You can apply to change the Designated Premises Supervisor online via our website at “Changing the Designated Premises Supervisor (DPS)”
As the Designated Premises Supervisor consent form must be physically signed by the person giving the consent, you will be required to download the consent form and send it via email to licensing@sevenoaks.gov.uk.
The Designated Premises Supervisor consent form forms part of the full application document and can be downloaded here.
Tacit consent will apply therefore your application will take effect immediately or on a date specified in the application form.
Only the police can object to the change in Designated Premises Supervisor if the Chief Officer of Police in that area is satisfied that granting of the application would undermine the crime prevention objective.
Notice of the objection must be given to the Licensing authority within 14 days beginning with the day on which the police are notified of the application.
The Licensing Authority will hold a hearing to determine the notice given by police.
The Licensing Act 2003 provides that the applicant may apply for the individual to take up the post immediately and, in such cases, the issue would be whether the individual should be removed from the post. The Licensing Authority considering the matter must restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision.
Either party would be entitled to appeal if their argument is rejected.
You must complete the “Request to be removed as designated premises supervisor” form found on our website and provide a copy to the Premises Licence Holder and the Licensing Authority.
Yes, the premises licence can be transferred by applying to the licensing authority.
You can apply online to transfer the premises licence here
Yes, you can apply by post by downloading the application form here
Yes, the existing premises licence holder must give consent for the transfer to take place. The application form includes a consent form which must be physically signed by the existing licence holder and submitted with your application.
As the consent form must be physically signed, it may be posted or emailed to the Licensing Authority. For more information on how to send the consent form, please contact the Licensing Partnership team on 01732 227004.
Yes, however if the existing premises licence holder cannot be contacted, you must indicate on the application form that this is the case and state what steps you have taken to contact the previous licence holder.
An application to transfer a premises licence may usually only be made with the consent of the existing licence holder, however, consent may not be required if the applicant can demonstrate:
- that they have taken all reasonable steps to obtain that consent and;
- that, if the applicant wishes the transfer to have immediate effect, he would be in a position to use the premises during the 14-day consultation period for the licensable activity or activities authorised by the premises licence.
This will be decided by a Licensing Officer who will determine if the application can be processed or if further steps need to be taken to contact the licence holder.
Yes, the application may take effect immediately or on a date specified in the application form.
If the Chief Officer of police for the area where the premises is situated is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give a notice of this to the Licensing Authority within 14 days. We will then hold a hearing to determine the notice given by the police.
Important Note: Individual applicants are not entitled to be issued with a licence if the licence authorises the sale of alcohol or late night refreshment if they do not have the entitlement to live or work in the UK, or if they are subject to a condition preventing them from doing work relating to the carrying on of a licensable activity.
Home Office Immigration Enforcement must be served with a copy of the application (where the premises sells alcohol by retail or provides late night refreshment) and will have 14 days to object if they have grounds to do so.
Should there be no representation to the application from the Police or Immigration Enforcement, the application will be granted, and the amended licence issued to the individual in due course.
Once the transfer is deemed granted, you will receive an updated premises licence (Part A) and a licence summary (Part B).
In such circumstances the premises licence will lapse unless an Interim Authority Notice is given to the licensing authority, or an application has been submitted to the Licensing Authority to transfer the premises licence.
It must be given to the licensing authority within 28 consecutive days beginning the day after the licence lapsed.
As long as the application to transfer the premises licence has been submitted within 28 days of the licence becoming lapsed, tacit consent will apply, which will allow licensable activities to continue.
The notice reinstates the premises licence as if the person giving the notice is the holder of the licence and thereby allows licensable activities to continue to take place pending a formal application for transfer.
It must be given to the licensing authority within 28 consecutive days beginning the day after the licence lapsed.
It can be given by:
- A person with a prescribed interest in the premises as set out in the regulations made under the Licensing Act 2003
- A person connected to the former holder of the licence (normally a personal representative of the former holder; or a person with a power of attorney, or where a person has become insolvent, that person’s insolvency practitioner)
- The person giving the Interim Authority Notice must be entitled to work in the UK.
Important Note: Individual applicants are not entitled to be issued with a licence if the licence authorises the sale of alcohol or late night refreshment if they do not have the entitlement to live or work in the UK, or if they are subject to a condition preventing them from doing work relating to the carrying on of a licensable activity.
Home Office Immigration Enforcement must be served with a copy of the application (where the premises sells alcohol by retail or provides late night refreshment) and will have 14 days to object if they have grounds to do so.
Should there be no representation to the application from the Police or Immigration Enforcement, the application will be granted, and the amended licence issued to the individual in due course.
The maximum period for which an interim authority notice may have effect is three months.
The police can object if they believe that failure to cancel the notice would undermine the crime prevention objective.
The Home Office (Immigration Enforcement) can object if they believe that failure to cancel the notice would undermine the prevention of illegal working in licensed premises.
The licensing authority must hold a hearing to consider the objection notice and cancel the interim authority notice if it decides that it is appropriate to do so for the promotion of the crime prevention objective.
Where an Interim Authority Notice is cancelled the applicant may appeal the decision to the Magistrate’s Court within 21 days of the notice of decision.
Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period, which is subject to the submission of all information required.
The timescale is 20 days after receipt of a valid application.
Once a premises holder informs the licensing authority that they wish to surrender the current licence, it becomes lapsed.
A person can apply within 28 consecutive days from the day the licence lapsed, to have the premises licence transferred to them with immediate effect pending the determination of the transfer application.
This will result in the licence being reinstated from the point at which the transfer application was received.
If an application for a licence is refused the failed applicant can appeal the decision.
Appeals are made to the Magistrate’s Court within 21 days of the notice of decision.
A licence holder may appeal 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.