Alcohol Licensing

Forrest Solicitors offers Licensing advice and services, to include Applications, Committee Representation, Court Representation, PACE Interviews and Licensing associated mediation.

The application costs vary dependant upon the time we anticipate will need to be spent on the matter, the complexity of the matter, the size and location of the premises, the content and information provided at the outset and that which we need to gather and whether a pre-application site visit is required. The level of fee also depends on whether the site is located in Cumulative Impact Policy area where there is a rebuttable presumption against the grant of a licence.

Festivals/large scale events involve more work and, therefore, are more time consuming and more complex than the standard premises licence application as we need to ensure the safety of the public at the highest level. These involve assisting with a safety management plan and can involve a number of pre-application meetings with the authorities before the premises licence application/associated documentation is submitted.

Garage Forecourt Premises Licensing is a more complex type of application. These applications normally require a site visit/meeting and pre- application calculations to establish the primary use, in addition to the Premises licence Application itself.

As Licensing is a very specialist area, licensing applications are dealt with by our Principal Solicitor who specialises in Licensing or by a Consultant Solicitor experienced in Licensing.

Although, in the majority of cases, we work on a fixed fee basis quoted at the outset; after we have taken your instructions, some work may need to be undertaken at the hourly rate where we can provide an estimate of time required to deal with the matter, as follows:

Where the hourly rate is applied, we will give you an estimate of the time to be spent and we will update you regularly throughout the case. Once instructed, you will receive a Client Care letter form us with all the costs information in connection with your case.

All fees above exclude disbursements. Disbursements are fees which have to be paid to third parties such as the council, the court and Legal Notice Fees to the Newspaper.

These fees are set against the non-domestic rateable value of the premises and the NDRV can be obtained from the government website on www.voa.gov.uk. We can advise as to this fee at the outset once we have all the premises information.

These fees can vary quite considerably dependent upon the location of the premises and the newspaper local to the area. This would only be estimated at the outset until the proof is prepared by the newspaper and the fee is set. We can then inform you of the exact fee.

If we need to instruct Counsel on a matter, ordinarily, this will also be based on a fixed fee which will be provided before proceeding with instructions to Counsel. VAT is added to Counsel Fees.

Once an application for a new premises licence or a full variation has been submitted, there is a period of 28 days during which a Responsible Authority or a resident can object to the application (put in a representation). During the application period, notices must be displayed for the entire 28 days at the premises and if no objections are received, the licence is deemed granted.

If objections are received during the 28 day period, then you will either need to negotiate with the objectors to attain withdrawal of the objections or if this cannot be achieved, the matter will be listed before a Licensing sub-committee within a period of 20 days, following the 28 day application period.

If we are required to attend a mediation with objectors or to represent you at a licensing committee hearing, this will attract further fees in addition to the costs of the application and will ordinarily dealt with at the hourly rate.

If the matter is rejected at committee stage, you have a right of Appeal to the Magistrates Court to challenge the decision of the committee within 21 days of receiving that decision and you will be advised in advance of submission of the Appeal Notice as to prospects of success and estimated costs (ordinarily based on the hourly rate).

This is normally an application to remove/amend/add conditions or change the layout plan (not including structural alterations or licensable hours amendments).

The most important difference between a minor variation and a full variation is that there is no hearing permitted, and if objections cannot be negotiated away, then the licence is not granted. Therefore, if we advise that the best way forward is a minor variation then we will have carried out the pre-application groundwork to ensure the smooth process of the application. If you require more information as to which application suits your needs, then please contact us to discuss.

A personal licence holder is required to authorise the sale of alcohol at a premises. The application for a personal licence must be accompanied by a National Certificate for Personal Licence Holders, a recent DBS check and photographs. The accompanying documents must be attained by you, but we can advise on how to achieve the certificate and the DBS Check. Once submitted, the authority will provide a personal Licence which has no cessation date. Please contact us for more advice on the process.

Some Local Authorities have commenced running courses for the National Certificate for personal licence holders and assist with your DBS check, and your personal licence application and this can often be more cost effective for you. Please call us to discuss your options in your local area.

The Government introduced Temporary Event Notices (TEN) to make provision for small scale one off events, or situations where Premises Licences do not meet the needs of a particular function on a particular night; for example somebody may want a special birthday party at a later time than is included on the Premises Licence, or it may be held in a marquee in a garden of a pub which is not covered under the Premises Licence. The maximum number of people who can enjoy the licensable activities is 499 including staff and any performers.

The events do not have to be special. If a notice is properly issued, and no counter notice is issued, a licensable activity becomes a permitted temporary activity under the TEN.

No further permission or authorisation is necessary. The Licensing Authority simply has to acknowledge the notice by signing it and sending it back to the applicant, thereby giving authority for the event to go ahead.

There are two types of TENs, a regular TEN and a late TEN. For more information on TENS or any other licensing application, please contact Andrea Forrest on 01524 874 810 or e-mail [email protected]. You can also request a call back via the website: www.forrestsolicitors.co.uk