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Any business that operates in the entertainment and leisure industry needs to ensure it has the correct licences in place. Contact our Licensing Department. 
Jonathan Austin B.A., F.C.I Arb.
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Licensing
Any business that operates in the entertainment and leisure industry needs to ensure it has the correct licences in place. Any business owner will be aware of the potential consequences and costs of errors during the licensing application process e.g. opening premises late, being forced to close while licences are sorted out.We can assist you with all of your licensing requirements, from routine to more complex matters. We handle licensing applications, objections and appeals for a range of clients and can help with:
- Premises licences
- Betting and gaming licences
We can advise you on all aspects of licensing from the initial stages of making an application to ongoing operational issues. To help you manage your business and keep up to date on licensing law we can provide basic legal training and updates.
Premises licensed for the sale of alcohol must have a premises licence, granted by the local authority where the premises are situated.
The holder of the premises licence can be anyone – individual, partnership, charity, limited company, etc. and does not have to have any particular qualification (nor does a barperson or anyone else employed on the premises). NB: He does not have to have any legal interest in the premises.
The premises licence must, however, nominate a designated premises supervisor (“dps”). That individual must be professionally qualified (see below). There is no requirement that he be physically present when alcohol is being sold, but he is personally responsible for anything that goes on at the premises and is an important party. Normally, he will be the same as the licence holder.
If they don’t already have one, anyone intending to be a dps must obtain a new personal licence from the local authority where they live. In order to do this they will need to have attended a prescribed course at one of the local colleges leading to the grant of a supervisor’s certificate.
They will also need to carry out a criminal record check on themselves, using www.disclosurescotland.co.uk, just because an applicant has a previous conviction does not necessarily mean that they would be refused a personal licence.
The whole process of applying for a new premises licence takes 4-5 weeks (at least 28 days has to be allowed for potential objection).
If opposed, an application may take up to 2 months to determine, because there has to be a committee hearing.
Assuming they are unopposed applications for personal licences, transfer of licence/variation of DPS take 1 or 2 days
There is no equivalent of the old protection order (temporary authority), because the (a) transfer of the premises licence and, provided the correct qualification is in place, the (b) application for a personal licence and also the (c) variation of dps, are all very quick – pretty well same day.
If the buyer of licensed premises has no qualifications as dps, he will need to prepare to obtain them far in advance of the exchange date.
Best advice to a buyer who has no dps qualification (personal licence), is to enter into an arrangement with the seller that the latter will stay on as dps to give the buyer time to get his qualification and personal licence.
A seller may be advised to set a time limit on this and to write into the contract that he is entitled to visit the premises and supervise.
Fees:
The transfer of premises licence involves the completion of a fairly straightforward form of application, with a form of consent of the existing holder. These two forms are submitted to the local authority with a fee of £23.00. We charge £75 + VAT to prepare the first and £50 + VAT for the second. There is no enquiry into the suitability of the applicant, unless the police object (but they will usually be interested only in the dps).
The variation of dps involves the completion of a fairly straightforward form of application, with a form of consent of the new dps. These two forms are submitted to the local authority with a fee of £23.00. We charge £75 + VAT to prepare the first and £50 + VAT for the second.
An application for a personal licence involves the submission to the local authority of an application form, criminal record search, declaration of convictions and a fee of £37.00. We charge £75 + VAT for this procedure.
An application to vary a premises licence – e.g., to increase the hours of operation – involves the submission of a reasonably complex form with a plan and a fee of, usually, £100 or £190 depending on rateable values up to 33,000. The application has to be advertised (usual cost £125 + VAT) and we charge £350 + VAT plus £200 + VAT if the application is opposed and goes to a committee hearing).
Further information is available on the website of the Department for Constitutional Affairs or, locally to Thanet District Council.
Useful addresses:
The Licensing Department
Thanet District Council
PO Box 9
Cecil Street
Margate
CT9 1XZ
01843 577753
Chief Officer of Police
Police Station
Fort Hill
Margate
CT9 1HL
01843 222108
Kent Fire & Rescue Service
Thanet Fire Station
Margate Road
Broadstairs
CT10 2QD
01843 871020
Health & Safety Executive
South East Area Office
Phoenix House
23-25 Canteloupe Road
East Grinstead
RH19 3BE
01342 334200
Environmental Health
Thanet District Council
PO Box 9
Cecil Street
Margate
CT9 1XZ
01843 577000
Development Control
Thanet District Council
PO Box 9
Cecil Street
Margate
CT9 1XZ
01843 577000
Kent Social Services
St Peters House
Dane Valley Road
St Peters
Broadstairs
CT10 3JJ
01843 860000
Trading Standards
PO Box 71
Ashford
TN24 8WB
08457 585497
Boys & Maughan Solicitors, India House, 11 Hawley Street, Margate, CT9 1PZ Tel: 01843 234000
Boys & Maughan Solicitors, 83 Station Road, Birchington, CT7 9RB Tel: 01843 842356
Boys & Maughan Solicitors, 99 High Street, Broadstairs, CT10 1NQ Tel: 01843 868861
Boys & Maughan Solicitors, 57 Queen Street, Ramsgate, CT11 9EJ Tel: 01843 595990
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