Premises licence

Right to work checks

The Immigration Act 2016 introduced immigration safeguards in respect of licensing applications made in England or Wales on or after 6 April 2017. The intention is to prevent illegal working in premises licensed for the sale of alcohol or late night refreshment. Premises licences to sell alcohol or provide late night refreshment cannot be issued to an individual who does not have permission to be in the UK, or is not entitled to undertake work relating to the carrying on of a licensable activity.

Licences issued to those with limited permission to be in the UK will lapse when their permission to be in the UK and work in a licensable activity comes to an end.

The Home Office (Immigration Enforcement)) are now a Responsible Authority and applicants will have to copy relevant premises licence applications to them in the same way that they are obliged to send copies to the other Responsible Authorities.

Licensing authorities are under a duty not to issue licences to individuals who do not have the required immigration permission to work in a licensable activity.

The right to work provisions apply to premises licences for alcohol and late night refreshment, (but not entertainment only licences) and personal licences.

The relevant premises licence application forms have been amended and contain guidance about the documents required to demonstrate the right to remain, and work, in the UK.

Apply online

• Apply for a premises licence
• Provisional statement
• Apply for need for a designated premises supervisor to be disapplied
• Apply to vary a premises licence
• Apply to vary a premises licence to specify an individual as designated premises supervisor
• Consent to be designated as premises supervisor
• Apply to transfer a premises licence
• Consent to transfer a premises licence
• Notify of an interest in premises under section 178
• Interim authority notice
• Apply for a minor variation to a premises or club licence
• Notify of change of name or address - Premises Licence
• Request to be removed as a designated premises supervisor
• Make an annual payment for an alcohol premises licence

Licence summary

To provide late-night refreshments, regulated entertainment, or sell alcohol, you need a licence from the licensing authority. North Kesteven District Council is the licensing authority for the North Kesteven District.

Eligibility criteria

Any of the following may apply for a premises licence:

• anyone who uses / carries on a business in 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 in Wales, or the Health and Social Care Act 2008 in an independent hospital in England
• a chief police officer of a force in England and Wales
• the proprietor of an educational establishment
• any other permitted person

Applicants must not be under 18 years of age.

Regulation summary

• Licensing Act 2003

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 will be required to advertise their application and to give notice of the application to any other person or responsible authority, eg the local authority, chief police officer or fire and rescue authority. We will advertise the application on our website.

We must grant the application, which can be subject to conditions, unless any relevant representations are received. A hearing must be held if representations are made in respect of the application. If a hearing is held the licence may be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.

We will serve a notice of our decision on the applicant, any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious) and the 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 review applications.

Will tacit consent apply?

Yes. This means that 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

Failed application redress

Please contact us in the first instance.

If an application for a licence is refused the failed applicant can appeal.

Appeals are made to a 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 police officer, 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

Any person or responsible authority may apply to us to review the premises licence. We will hold a hearing.

Appeals are made to a Magistrates’ court within 21 days of notice of the decision following a hearing.

Other redress

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.

Any person or responsible authority may make representations in relation to a licence application or request the licensing authority to review a licence.

Any person 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.

Any person 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.