Licensing Act 2003 - advice and application forms

Under the Licensing Act 2003, the Council has to promote the four licensing objectives:

1. the prevention of crime and disorder;
2. public safety;
3. the prevention of public nuisance; and
4. the protection of children from harm

and it must also have regard to:

1. its Statement of Licensing Policy, and
2. any guidance issued by the Secretary of State under section 182 of the Act.

The Statement of Licensing Policy has to be reviewed every three years and comments on the revised policy are invited by 10 September 2010.

Application forms

All the official application forms are available in Adobe pdf and MS Word format and can be downloaded from the DCMS forms webpage (This link will open in a new window). Alternatively applications can be made electronically (This link will open in a new window) via the BusinessLink portal. Please note that postal and electronic application requirements are different and so you must use either one or the other. The electronic forms will only be accepted if they are submitted through the BusinessLink system; please do not print and send them to us..

As the application procedures are quite complicated, you may find it helpful to consult our Guidance for Applicants.

Tacit Consent

Tacit consent applies to applications for premises licences, club premises certificates and temporary event notices provided they have been submitted electronically via the BusinessLink portal or where the business can show proof of delivery from a post office or recognised courier and and where all the relevant documentation has been received by the Licensing Authority.

Once the period for making representations on an application has expired, the Licensing Authority will advise the applicant whether the licence has been granted or will go to a hearing.

Responsible authorities

Depending on the type of application being made, copies need to be sent to Surrey Police and the Responsible Authorities. In the case of applications made through the BusinessLink portal, the Licensing Authority will forward electronic copies of the documents to the Police and Responsible Authorities.

Fees

Please click the following link for details of the current fees set by the Government.

Premises Licences and Club Premises Certificates

Applicatons for Premises Licences and Club Premises Certificates must be made to the Licensing Authority with copies to Surrey Police and the Responsible Authorities.The fee is based on the rateable value of the premises and, once granted, there is an annual fee also based on the rateable value. Licences and Certificates are normally granted in perpetuity and only terminate when something happens, e.g. bankruptcy or when the premises closes and the licence is handed back.

Notice of an application must be posted outside the premises and be advertised in a newspaper cirulating in the area. Residents and businesses (Interested Parties) in the vicinity of the premises are able to make representations on an application, based on one or more of the licensing objectives; representations need to be supported by evidence. Interested Parties may also seek a review of the licence or certificate if they have evidence that the licensing objectives are being breached.

Applications to vary licences or certificates have to go through the same procedure as an application for a new licence or certificate. However, under a recent amendment, there is a now a simplified procedure for minor variations that are unlikely to impact on the licensing objectives. This procedure is quicker and has a reduced fee, but if they are rejected they then have to follow the full variation procedure.

Personal Licences

Applications for Personal Licences must be made to the Licensing Authority in which the applicant lives and the licence will be valid for 10 years. Only the Police can object to an application for a Personal Licence.

For more information and answers to FAQ's please go to the DCMS personal licence webpage

The following provides details of the relevant offences in Schedule 4 of the Licensing Act 2003; the document is in Adobe pdf format.

Qualifying clubs

Most non-profit making clubs can apply for a Club Premises Certificate. The supply of alcohol in such clubs does not need to be made by someone with a Personal Licence and a Premises Licence is not required. Qualifying clubs may include Royal British Legion, working men's clubs, sports clubs, etc.

Temporary Events Notices

If an activity will last not more than 96 hours and is for not more than 499 people, a full licence for a licensable activity is not required and a Temporary Event Notice can be served on the Council and the Police.

The Temporary Event Notice (TEN) must be received by the Council and the Police at least 10 clear working days before the function.The 10 working days does not include the day on which the notice is received or the day of the event and please remember that Bank Holidays, public holidays and weekends are not counted as working days. Applicants are advised not to submit their notice on the deadline in case there are problems, e.g. postal delays or defects with the notice that cannot be corrected in time and their notification is rejected. It is recommended that applicants submit their TEN a month beforehand. The Police can object to the TEN on crime and disorder grounds, and so long as they do not object to the notice, the function can go ahead. In the event that the Police object to the TEN, the applicant can appeal to the Licensing Authority.

1. No premises may be used for temporary events on more than a total of 15 days in any calendar year, and
2. No premises (even public houses) may have more than 12 temporary events in any calendar Year and
3. Anyone who does not hold a Personal Licence to sell liquor can only submit 5 notices in any calendar year (Personal Licence holders are subject to a limit of 50 temporary events per calendar year but these would have to be spread over at least five different premises as each premises can only have 12 TENs a year).

There must be at least 24 hours before the next temporary event at the same premises if it is organised by the same person or his/her associate. So the same person(s) cannot run two consecutive temporary events at the same premises without a break.

Temporary Event Notices - Advice.

Advice on displaying the acknowledged TEN

Exemption for tombola and raffles

If the following conditions are met, then any raffle, Tombola or similar activity offering alcohol as a prize is exempt from the need to have a premises licence or a TEN. It is for the lottery organiser to ensure that all such conditions are met and in fact exist.

• The lottery must not be run for private gain
• The lottery is incidental to a "non-commercial event" (No money raised by the event organisers can be for private gain)
• Any alcohol must be in a sealed container
• No ticket may be sold other than during the event and where the event is taking place
• The lottery result must be declared during the event and at the place where the event takes place
• There cannot be any rollovers
• The maximum amount that may be deducted towards the cost of prizes is £500
• The maximum amount that may be deducted towards organisational costs is £100

If in doubt, then it is recommended that the TEN procedure be adopted

Advisory leaflets

The following are advisory leaflets providing more information on licensing. The documents in pdf (Acrobat format) may take several minutes to load.

• Children & Alcohol
• Clubs
• Late Night Refreshment
• Licensable Activities
• Temporary Event Notices
• Village and Community Halls
• Making Representations and Requesting Reviews for Licensing

The DCMS has published Guidance for Interested Parties on making representations, appealing licensing decisions in the courts and applying for a review.

Related information

If copyrighted music is played in public, the premises needs a licence issued by the Performing Rights Society. This is entirely separate from any Premises Licence issued by the Council and also applies to premises playing background music. Premises playing live and/or recorded music should, therefore, ensure that they have the relevant permission. More information is available on the Performing Rights Society (This link will open in a new window) website

For further information please contact the Licensing Section on 01883 732897 or e-mail licensing@tandridge.gov.uk

Or write to us at:
Tandridge District Council
8 Station Road East
Oxted RH8 0BT

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