The Licensing Act regulates the sale and supply of alcohol, the provision of regulated entertainment and the provision of hot refreshment late at night.
Licensing Act 2003 Applications
There are different types of authorisation under the Licensing Act as listed later on this page but for premises seeking a permanent permission an application for a premises licence or club premises certificate needs to be made to the Licensing team at the Council with copies sent to what are termed Responsible Authorities. The attached guidance assists in terms of the information required for Premise Licence / Club Premises Applications: Premise Licence Applications - Guidance
Recent change to the legislation allows a number of exemptions in respect of the provision of regulated entertainment. If you intend to operate under an exemption you should note the guidance and regulations.
The Licensing Act 2003 provides a clear focus on the promotion of four statutory objectives:
- Prevention of crime and disorder;
- Public safety;
- Prevention of public nuisance; and
- Protection of children from harm.
Any application should seek to promote these objectives. Any premises that undermine these objectives can be subject to enforcement action. Click on the following link for A summary of the Licensing Act 2003
The legislation allows what are called representations against an application if the licensing objectives are or would be compromised if the application were granted. Click this link to find out how to make a representation on an application’ make a representation for a review of an application
Licence Applications must be advertised. The following guidance provides advice concerning the advertisement of Licence applications Advertising applications
What type of Licence will I need?
There are four main categories of Licence/Certificate application. Click on the links to find out more:
- Premises Licence any premises where licensable activities are to be provided that are not limited to members of a club, will require a premises licence
- Club Premises Certificates for premises which are occupied and used regularly for club purposes
- Temporary Event Notice (TEN) if you want to sell alcohol or provide regulated entertainment for a temporary period
- A Personal Licence is also required for individuals wishing to authorise the sale of alcohol
Premises Licence
How much does it cost?
Fees are set by the Government and non-payment of premises licence or club premises certificate fees will lead to the immediate suspension of the licence: Table of Fees
Who can apply?
Any of the following may apply for a premises licence:
- anyone who 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.
How do I make an application?
Generally, any premises where licensable activities are to be provided, which is not limited to membership of a club, will require a premises licence. Applications can be made either online, or by post. The process is explained in broad terms below but any specific questions should be directed in an email to licensing@milton-keynes.gov.uk
The application form will show:
- The licensable activities
- The times when the activities will take place
- Any other times when the premises will be open to the public
- The steps proposed to be taken to promote the licensing objectives
- A scale plan
- Correct fee
Tips to ensure your application process goes smoothly;
- Read the relevant guidance document thoroughly prior to competition of the form.
- Common mistakes that lead to the rejection of an application tend to lie with failure to advertise correctly.
- An application can be deferred by the Council until receipt of all required information. The consultation period will not start until the application has been formally accepted.
- Advertising applications - many applications will need to be advertised on blue paper, or in the case of minor variations, white paper. Please look at the guidance documents for further information about application requirements.
General Process for 'New' and 'Variation' applications
Once an application has been correctly served and the 28 day public consultation begins, representations can be accepted by the Licensing Authority. If after 28 days, no representations are received, the application will be granted as applied for.
If there is an unresolved representation, a hearing will be held. The hearing will allow a Licensing Sub-Committee to listen to the applicant and those making representations, and then determine the application. The hearing will be held within 10-20 working days of the closure of the 28 day public consultation. The Sub-Committee can decide to grant the application, refuse it or grant with additional conditions or changes to the application.
Click the link to find out more about Making Representations
Is the premises licence granted if you do not hear from the Licensing Authority? - (Tacit Consent)
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 of 2 months. However, the target completion period for a Minor Variation application is 15 working days. Applications to vary the Designated Premises Supervisor and to Transfer the Premises Licence Holder is 42 days.
Other applications
There are a number of other applications available including; 'Transfer', 'Variation of Designated Premises Supervisor' and 'Minor variation'. Not all of these will require public advertising or consultation.
A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.
APPLY ONLINE:
Unfortunately there is a payment issue for application fees with the gov.uk system at present. If you want to submit an application through this portal please call us after doing so and we will contact you for payment separately 01908 252800. We are sorry about this and are trying and resolve the matter.
Designated Premises Supervisor - MKC uses its own system for this application type, so you my pay online normally.
DOWNLOAD APPLICATION FORMS AND APPLY BY POST:
Transfer of Premise Licence Holder
Designated Premises Supervisor
If you are issued a licence and it becomes lost or is stolen, please contact the Councils Licensing Team as soon as possible providing your name and contact details licensing@milton-keynes.gov.uk
Use this link to go back to the Alcohol and Entertainment main menu