Premises licence

Overview

A premises licence allows the licensed premises to:

  • sell or supply alcohol
  • provide regulated entertainment
  • provide late night refreshments (sale of hot food or hot drink to the public between 11pm and 5am)

If you are selling or supplying alcohol, you will need at least one person to hold a personal licecnce.

This person will be the designated premises supervisor.

More information

You can find out more about alcohol licensing and avaiable support at the following websites:

GOV.UK: Alcohol licensing

Bectu: union for creative ambition

Federation of Licensed Victuallers Associations (FLVA)

Apply for a premises license

To provide late-night refreshments, regulated entertainment and sell alcohol in South Tyneside, you need a licence from South Tyneside Council.

Forms to download

Email your forms to licensing@southtyneside.gov.uk.

When completing your application, you should take into account the Council's:

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
  • A chief police officer of a force in England and Wales
  • Anyone discharging a statutory or function under Her Majesty's prerogative
  • A person from an educational institute
  • Any other permitted person

Applicants must not be under 18 years of age.

Application evaluation process

Applications must be sent to the licensing authority for the area the premises is 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 amound of time the licence is needed
  • 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 may be required to advertise their application and to give notice of the application to any other person or responsible body, e.g. South Tyneside Council, chief police officer or fire and rescue authority.

The licensing authority must grant the application, which can be subject to conditions.

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

The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (i.e. representations that were not deemed frivolous or vexatious) and the chief of 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.

Timeframe for processing applications

If your application is successful and we have received all of the necessary documentation, your application will automatically be deemed as "granted" after the 28 day consultation period.

If the Council receive a representation, your application cannot be determined until the matter has been considered by the Council's Licensing Committee.

Tacit consent

Tacit consent is where an application is treated as accepted if a reply is not recieved within a certain timeframe.

Tacit consent will apply. If you have not been contacted during the 28 day representation period, your application is automatically deemed to be granted.

If you would like to check on the progress of your application, please contact the Licensing Team on 0191 424 7695 or email licensing@southtyneside.gov.uk.

Appealing a decision

Please contact South Tyneside Council in the first instance.

If an application for a licence is refused, you can appeal.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Licence holder appeals

Please contact South Tyneside Council in the first instance.

If an application is made by the chief police officer 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 complaints

An interested party or responsible authority may apply to the licensing authority to review the premises licence.

A hearing will be held by the licensing authority.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Other appeals

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.

An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.

An interested party 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.

An interested party 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.

Information we need from you

Your application must include as much information as possible about your premises / club premises and the activities you want to happen there.

It must also tell us what measures you intend to put in place to promote the licensing objectives.

The four key objectives people applying for licences must seek to promote are:

  • Prevention of crime and disorder
  • Public safety
  • Prevention of public nuisance
  • Protection of children from harm

All are of equal importance and are the only matters that can be taken into account when applications are considered.

Premises plan

You must include a plan of your premises to 1:100 scale.

The plan must show:

  • The boundary of the building and any external and internal walls
  • The location of entry and exit points to the premises
  • Escape routes if different
  • The area(s) where each licensable activity is to take place
  • Fixed structures or objects in a temporarily fixed location (not furniture)
  • The location and height of any raised areas such as a stage
  • The location of any stairs, steps, elevators and/or lifts
  • Public conveniences
  • Fire safety equipment
  • The kitchen if applicable

Fee

You must enclose the fee.

Send the application

You must send a full copy of your application to all of the responsible authorities with the exception of the coast guard, unless your premise is a vessel.

Advertisement

You must also advertise your application by a notice at the premises and in a local newspaper.

Notice at the premises

You must display a notice at or on the premises to which the application relates to, for a period of not less than 28 consecutive days starting on the day after the day on which the application was given to the licensing authority, which is:

  • Of a size equal to or larger than A4
  • Of a pale blue colour
  • Printed legibly in black ink or typed in black in a font of a size equal to or larger than 16

Notice in a local paper

You must also publish a notice in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises.

The notice must be published on at least one occasion during the period of ten working days starting on the day after the day on which the application was given to the licensing authority.

Both notices must contain a statement of the relevant licensable activities or relevant qualifying club activities which it is proposed will be carried on at, or from the premises.

The notice should state:

  • The name of the applicant or club
  • The postal address of the premises or, if there is no postal address, a description of the premises sufficient to enable the location and extent of the premises to be identified
  • The postal address and the Internet web address where the register of the licensing authority is kept and where and when the record of the application may be inspected
  • The date by which an interested party or responsible authority may make representations to the licensing authority
  • That representations shall be made in writing
  • That 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

Premises supervisor

The designated premises supervisor must be specified in the premises licence.

This is so there is a responsible person who can be identified at the premises.

The designated premises supervisor should be the person who has responsibility for the day-to-day running of the premises.

Alcohol sales must not take place when there is no designated premises supervisor or where he / she does not have a personal licence.

The designated premises supervisor will need to apply to the Council to make an application.

Apply to be a premises supervisor

To apply to be a premises supervisor, you need to complete a premises supervisor application.

Apply to change a premises supervisor

To apply to change a premises supervisor, you need to complete a change a premises supervisor application.

Make a complaint about licensed premises

If you're having problems with pubs, clubs, off licences or late night take aways, then you can ask the Council to review its licence if you are being adversely affected by its operation.

A review must be based on a problem happening at or in the vicinity of the licensed premises, and must be connected to one of the four licensing objectives:

  • The prevention of crime and disorder
  • The prevention of public nuisance
  • Public safety
  • The protection of children from harm

Responsible authorities including the police, trading standards and environmental health can apply for a review, but the Council must also consider requests from people who live and work in the vicinity of the licensed premises.

Request a review of a premises license

To find out more about the review process contact the Licensing Team on 0191 424 7949 or email licensing@southtyneside.gov.uk.