Have any new application for a premises licence been made?

If you would like to be able to see any new applications or variation applications to change an existing licence, all those that remain in their representation period are detailed in Licensing Applications.

The Licensing Act 2003 register contains information on applications for new Premises Licence Applications and changes to existing premises licences since 2005. If you wish to request a copy of the register you can do so by emailing your request to licensing@eastriding.gov.uk

A fee of £25 is payable for a copy of the register.

Do I need a licence to sell alcohol?

Yes

If you wish to sell or supply alcohol to members of the public, guests or members of a club, you will require permissions under the Licensing Act 2003.

It is also the sale of alcohol, if the alcohol is included within any entry fee or ticket or offered as a complimentary drink when purchasing a service or product.

You will need to apply for either a premises licence, a club premises certificate or a temporary event notice. You may also require a personal licence.

No

The following premises are not required to have a licence for the sale of alcohol, the provision of regulated entertainment or the provision of late night refreshment:

• an aircraft, hovercraft or railway vehicle engaged in a journey
• a vessel engaged on an international journey
• an approved wharf at a designated port or hoverport
• a royal palace
• a premise permanently or temporarily occupied by the armed forces of the crown at the time the activity takes place
• any premises in respect of which a certificate has been issued by a Minister of the Crown on the grounds of national security

• giving alcohol away as a lottery prize in a raffle or tombola is exempt from being a licensable activity provided that the alcohol is in a sealed container.

Do I need a licence to provide entertainment?

You may require a licence if you wish to provide any of the following:

• Any entertainment between 11pm - 8am

• Amplified live or recorded music for an audience of more than 500 people

• Anyone that provides recorded music (above a background level) to an audience on premises not licensed to sell alcohol

• Anyone that puts on a performance of a play or dance, to an audience of more than 500 people or provides lap-dancing and other forms of sexual entertainment.

• Anyone that puts on an indoor sporting event to an audience of more than 1000 people

• Anyone that puts on boxing/wrestling

• Anyone that puts on an exhibition of a film, that is not incidental to another activity.

You can read further information about entertainment licensing changes affecting whether you may need a licence to provide entertainment on the GOV.UK website:

GOV.UK - Entertainment licensing from 6 April 2015 (external website) 

You will need to apply for either a premises licence, a club premises certificate or a temporary event notice. If the entertainment you want to provide is not exempt.

Do I need a licence to sell hot food and drink?

Yes

If you wish to sell hot food or drink, or provide facilities to heat customer’s food on their behalf after 11pm until 5am on any day, you will need permission under The Licensing Act 2003.

You will need to apply for either a premises licence, or a temporary event notice.

You may also need to register your business. Read more about setting up and registering a new food business.

No

The following are exempt from needing a late night refreshment licence:

• residents and their guests in hotels and comparable premises
• members of a recognised club
• employees
• hot food and drink supplied by a registered charity
• hot food and drink that is free of charge. It is not regarded as free if in order to obtain the hot food or drink you must purchase some other item or pay an administration fee
• hot drink from a vending machine provided that the machine is operated by a member of the public.

What is a premises licence and do they expire?

A premises licence allows the sale of alcohol and/or regulated entertainment and/or late night refreshment from a specific premise.

A premise can be a number of different things, for example, pub, cinema, restaurant, village hall, field, marquee, vehicle.

A premise can be licensed for a limited period of time or indefinitely.

Premises licence expiry

A premise licence (unless time-limited) will remain in force indefinitely as long as the premises licence holder does not:

• become bankrupt, insolvent or enter Individual voluntary arrangement
• decease or become too unwell to fulfil the role
• fail to pay the annual fee
• surrender the licence.

In the event of the death, mental incapacity or insolvency of the premises licence holder, a person may give the licensing authority an interim authority notice. This is so that the premises can continue to trade until the estate of the existing premises licence holder can be dealt with and a transfer application can be submitted.

Once a premises licence is in force, the licence is subject to an annual fee payment on the anniversary of the grant of the premise licence each year. The fee due is dependent on the rateable value of the premise. Failure to pay this fee can result in a premises licence being suspended.

Every licensed premise must prominently display within the premises their licence summary, showing the licensed hours and permissions.

What is a designated premises supervisor?

Every premise licensed to sell alcohol must have an individual listed on the licence that is responsible for the authorisation of the sale of alcohol.

The individual listed as the designated premises supervisor, will normally have the day to day control of the licensed premises and must hold a valid personal licence issued under The Licensing Act 2003.

Further information on applying for a personal licence can be found under personal licence category

A designated premises supervisor maybe liable for any offences committed under The Licensing Act 2003.

Where can I get advice on applying for a premises licence? 

To help your application run smoother, we offer a pre-application advice service to help you with:

• advice on completing the application forms
• advice on appropriate conditions drawn from a  model pool of relevant conditions  either from the Authority itself or conditions promoted through the Institute of Licensing and recommended as good practice in the Statement of Licensing Policy
• guidance on drawing up plans to accompany the application in accordance with the relevant regulations
• guidance on the process for nominating an appropriate designated premises supervisor
• assistance with completing the statutory notices and advertising, and
• one site visit to ensure plans are compliant with prescribed regulations and the appropriate statutory notices are correctly on display.

To request advice please email: licensing@eastriding.gov.uk 

An appointment will be booked for you, and then you will be asked to pay the relevant fee. 

Application advice is free for premises that are exempt from the statutory licence application fees. 

Small Premises (where alcohol sales are incidental to the main business) 

£95.00 (plus VAT) - 2 hrs and 30 minutes of officer time. 

Medium/Large Premises

£170.00 (plus VAT)  - 4 hrs and 30 minutes of officers time. 

Large Premise/Large Scale (dependent on the size of venue/event)

£290.00 - £550.00 (plus VAT)

The advice you will be given by experienced and qualified licensing officers.

The advice given will not include views from other responsible authorities such as the Police, Fire Authority, etc.

Other responsible authorities have the legal right to make a representation relating to the application even if advice has been sought and provided under a pre-app advice agreement. 

Determining any application that is subject to representations will be the mandate of the Licensing Sub-Committee who will consider the application and the representations on its own merits and determine the application accordingly.

How do I apply for a premises licence?

Before submitting any application for a premises licence it is advisory to read the legal guidance on The Licensing Act 2003 and our local policy, to fully understand the intention of the Licensing Act. 

Apply for a premise licence 

S182 Statutory Guidance Issued April 2018 (pdf 1mb) Licensing Act 2003 Policy (word 725kb)

Below are all application forms you may require: Declaration of Designated Premises Supervisor (word 40kb) (only required for premises to be licensed for the sale of alcohol). Plan requirements (pdf 98kb)

Advertising Document (Premises) (word 31kb)

Advertising Document (Local Newspaper) (word 29kb) Responsible Authorities contact list (word 19kb)

An application for a premises licence should be submitted to the licensing authority along with a plan of the premises, details of the designated premises supervisor, evidence of the right to work in the UK and the required fee. The fee is determined by the rateable value of the premises.

The Valuation Office Agency website can provide information on your rateable value:

Valuation Office Agency (external website)

Completed applications can be submitted directly to the licensing team by email or post or to one of our customer service centres.

By email to the licensing authority at licensing@eastriding.gov.uk

By post to:

Licensing Team
County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA.

Please use our customer service centre finder to locate your nearest centre, where a member of staff can check your application and take copies of your original documents.

Community premises – no requirement for a designated premises supervisor. Section 41(d) Licensing Act 2003

If your premise is a village hall or community premises you can apply to sell alcohol without the need for a designated premises supervisor under an exemption which would mean the committee would be responsible for all alcohol sales.

The need for a designated premises supervisor can be dis-applied under Section 41(d) of The Licensing Act 2003 and replaced with the following mandatory licence conditions:

• The responsibility for authorising sales of alcohol will be the committee or board of individuals responsible for the management of the premises.
• These individuals will be required to undertake the responsibilities that would normally be undertaken by a designated premises supervisor. Provided the premises licence holder (the committee) had properly authorised the sale of alcohol, for example in written form through a hire agreement, an organisation or hirer using these premises for the sale of alcohol under the authority of the premises licence would not be required to obtain a personal licence.

The applicant for a section 41(d) must submit to the licensing authority a completed application form, a fee (if relevant), existing premises licence and summary (if relevant) and copies of the premises hiring agreement and terms and conditions, demonstrating how the committee will seek not to undermine any of the licensing objectives below.

One copy of the completed application, with copies of the hiring agreement and terms and conditions must be served on Licensing Authority and  also be served on Humberside Police licensing team:

Section 41(d) Application Form (word 72kb)

Completed applications can be submitted directly to the licensing authority by:

Email: licensing@eastriding.gov.uk

Post:

Licensing Team,
County Hall,
Cross Street,
Beverley,
East Riding of Yorkshire,
HU17 9BA

In person: by submitting your application at a customer service centre.

Please use our customer service centre finder to locate your nearest centre and where a member of staff can check your application and take copies of your original documents.

If the applicant applies for the variation section 41(d) at the same time as a grant application for a premises licence or a section 34 premises licence variation application there is no additional fee. If applying for a variation under section 41(d) on its own, there is a fee of £23.

If the licensing authority determines that you meet the requirements to not need a designated premises supervisor and no concerns are raised by Humberside Police within 14 days of your application, your licence will be issued/amended as applicable.

Provisional statement

A provisional statement can be used to obtain confirmation that a premises that is not yet built, under construction or about to be substantially altered would be granted a premises licence. There is nothing to stop an individual making an application for a premises licence in the same situation.

The applicant for a provisional statement must go through the same process as a premises licence. However, at the end they will not be granted a premises licence.

Once the premises have been completed or nearly completed the applicant for the provisional statement will be required to submit a premises licence application. The licensing authority will not be able to accept any objections to the premises licence application unless the application has changed from the original provisional statement, or a responsible authority or interested party was unable to make an objection to the original application for a provisional statement and has a reasonable excuse:

Apply online for a provisional statement 

Advertising Document Public Notice provisional statement (word 67kb)

Advertising Document Newspaper provisional statement (word 31kb)

How can I pay for a premises licence?

Every application made must be accompanied by the correct fee, the fee is dependent of the rateable value of the premises the five banding groups are shown below:

• Band A 0 - 4,300 application fee £100
• Band B 4,301 - 33,000 application fee £190
• Band C 33,001 - 87,000 application fee £315
• Band D 87.001 - 125,000 application fee £450
• Band E 125,001 or above application fee £635

An application fee can be paid by telephone using your credit/debit card by calling (01482) 396297. 

Alternatively you, can pay by cheque made payable to East Riding of Yorkshire Council.

What happens after I submit my licence application?

The application goes through a statutory 28 day consultation period.

The applicant must advertise the application on the premises for a consecutive period of 28 days and once in a local newspaper within the first 10 working days of the application being made.

We recommend that advertisements are not placed in the newspaper until the licensing authority has notified you that they have accepted the application as valid.

During the 28 day consultation period responsible authorities and relevant persons have the right to comment on the application.

In order for comments to be accepted as valid objections under the terms of The Licensing Act 2003, objections must be relevant to one or more of the four licensing objectives:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm.

If relevant objections are received, the applicant will be informed a committee hearing to determine whether the licence application is granted.

If no relevant objections are received after 28 days the licence will be granted. The applicant will receive the premises licence and summary in the post with a covering letter stating that the licence has been granted.

A tacit consent does not apply to this application.

The applicant and designated premises supervisor may also be contacted by a licensing officer to arrange a meeting at the premises to go through the premises licence and conditions in order to insure that they understand their responsibilities under the Licensing Act 2003.

How do I pay my annual premises licence fee?

The annual fee for a premises licence falls due every year on the anniversary the licence was originally granted. Failure to pay the annual fee on or before the due date each year will result in the premises licence being suspended for use until the annual fee has been paid.

You can pay your annual fee online, you will need to know your premises reference number to do so:

Pay my annual premises licence online

Alternatively you can pay at your local customer service centre.

BACS payments can also be made, please contact licensing team for further details:

Email: licensing@eastriding.gov.uk

What other permissions may I need?

When applying for a premises licence you may also need permissions from other departments of the council or external partners as below:

Planning team

Business Rates

Trading Standards

Humberside Fire Brigade (external website)

Food Services

For live and recorded music you may also require permissions from Performing Rights Society or PPL.

The Performing Rights Society and the PPL websites can offer more advice on this.

Performing Rights Society (external website)

PPL (music rights) - (external website)

How do I change my premises licence?

Change of name or address, of any party listed on a licence

You can apply to change either the licence holders address or designated premises supervisor address or change of name in writing to:

The Licensing Authority by email to licensing@eastriding.gov.uk

A change of name or address will cost an administration fee of £10.50.

You will also be required to send the licensing authority your existing licence along with either a summary or personal licence card, for a replacement licence to be issued.

Change of the licence holder

In order to change the premises licence holder you are required to submit a premises transfer application to the licensing authority:

Apply online for a Premise Licence Transfer 

Consent to transfer (word 32kb)

A transfer application will normally take immediate effect, unless you specify a date for the transfer to take effect.

Humberside police and the Home Office -Secretary of State have 14 days from your application being submitted to object to the application on the grounds of crime and disorder. If an objection is received the licensing authority will contact you and you will be required to attend a committee hearing to decide whether the transfer application can be granted.

A tacit consent does not apply to this application.

If you are a licence holder and no longer have any involvement in the premise, unless you formally transfer the licence you will remain responsible for any offences and fees due under The Licensing Act 2003.

Change to the designated premises supervisor

In order to change the designated premises supervisor listed on a licence, the premises licence holder is required to submit a section 37 variation form to the licensing authority:

Apply online to vary the designated premises supervisor 

Consent of the individual to be the designated premises supervisor (word 41kb)

A variation of a designated premises supervisor application will normally take immediate effect, unless you specify a date for the variation to take effect.

Humberside police have 14 days from your application being submitted to object to the application on the grounds of crime and disorder. If an objection is received the licensing authority will contact you and you will be required to attend a committee hearing to decide whether the DPS variation application can be granted.

A tacit consent does not apply to this application.

If you no longer have any involvement in the premise, unless you formally remove yourself as the designated premises supervisor you will remain responsible for any offences due under The Licensing Act 2003.

Removal of the designated premises supervisor

In order to remove yourself from the position of designated premises supervisor on any licence, you must make an application to the licensing authority:

Apply online for removal of designated premises supervisor 

Notice of your request to be removed at a designated premises supervisor needs to be sent to the licence holder, using the below form.

Notice to the premises licence holder, request to be removed as a designated premises supervisor (word 24kb)

A tacit consent does not apply to this application.

Please note: No sale of alcohol can take place at any premises when there is no designated premises supervisor listed on the licence.

Section 34 variation – additions/changes to existing licence permissions

Apply online for a variation of premise licence 

Under a section 34 variation you can apply to change any of the below permissions on an existing premises licence:

• hours of trade
• add, remove, extend or reduce alcohol supply or sale
• add, remove, extend or reduce the provision of regulated entertainment
• add, remove, extend or limit late night refreshment
• change to the premises plan/layout
• add, remove or alter licence conditions.

Before applying for a variation of your premises licence you should consider reading:

Licensing Act 2003 Policy (word 725kb)

To apply for an section 34 variation you must submit to the licensing authority:

• a completed section 34 variation form, this must be completed and signed by the premises licence holder

Variation Section 34 Application Form (word 88kb)

• a fee
• a plan if applicable (please note if you add any licensable activities you will require a new plan showing where these will take place)

Plan requirements (pdf 98kb)

• original premises licence and summary for a new one to be re-issued
• declaration of designated premises supervisor if applicable.

Declaration of Designated Premises Supervisor (word 41kb) (Only required for premises to be licensed for the sale of alcohol)

Applications can be submitted direct to the Licensing Authority by:

Email: licensing@eastriding.gov.uk

Post to:

Licencing Team
County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA.

Or you can submit your application at a customer service centre.

The applicant for a section 34 variation must also give a copy of the application form and if applicable a copy of the plan and details of the designated premises supervisor to each of the responsible authorities:

Responsible Authorities contact details (word 19kb)

The application goes through a 28 day consultation period. The applicant must advertise the application on the premises for a consecutive period of 28 days and once in a local newspaper within the first 10 days of the application.

Advertising Document S34 (Premises) (word 33kb)

Advertising Document S34 (Local Newspaper) (word 31kb)

We recommend that advertisements are not placed in the newspaper until the licensing authority has notified you that they have accepted the application as valid.

During the 28-day consultation period responsible authorities and relevant persons have the right to comment on the application.

In order to be accepted as a valid comment under the terms of The Licensing Act 2003 objections must be relevant to one or more of the four licensing objectives:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm.

If relevant objections are received the applicant will be informed and invited to a committee hearing to determine whether the section 34 variation application may be granted.

If no relevant objections are received after 28 days the licence will be granted with the amendments. 

Email: licensing@eastriding.gov.uk

A tacit consent does not apply to this application.

Sections 41(a) – minor variation

Apply online for a minor variation

A section 41(a) application may be used to alter some of permissions on a premises licence or club premises certificate. Any proposed alterations to the licence must not have any adverse effect on the promotion of the four licensing objectives:

Under a section 41(a) application the premises licence holder can apply to:

• add/remove/extend or reduce the provision of regulated entertainment and facilities for regulated entertainment
• add/remove/extend or reduce the provision of late-night refreshment
• make a minor alteration to the plan or layout of the premises
• add/remove or alter conditions
• reduce the hours for the sale/supply of alcohol.

 Under a section 41(a) application you can not apply to alter the following:

• add or extend the hours for the supply/sale of alcohol
• alter the plan to increase the overall size of the premises
• alter the plan of the premises for large structural changes.

Advertising Doc S41(a) (pdf 70kb)

Applications can be submitted directly to the Licensing Authority by:

Email: licensing@eastriding.gov.uk

Post to:

County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA

Or you can submit your application at a customer service centre.

The premises licence-holder must advertise the application by posting a white notice on the premises for a period of ten consecutive days starting on the day after the day when the application is given to the licensing authority.

The licensing authority may then consult with any of the responsible authorities considered necessary:

• The Police
• licensing authority compliance team
• fire authority
• public health body
• heath and safety
• local planning
• environmental health
• child protection
• weights and measures
• British Waterways Board (ships and vessels only).

The licensing authority must grant the application after 14 days if no relevant representations have been received. .

If the application for a section 41(a) minor variation is not determined within 14 days by the licensing authority it is deemed not granted.

No tacit consent applies to this application.

If relevant objections are received, your application will not be granted and you may be asked to submit a section 34 variation.

Interim authority notice

A premises licence will lapse in the event of the death, incapacity, mental incapacity or insolvency of the premises licence holder. In the event of this occurs application can be made to the licensing authority for an interim authority notice. This allows a premises to continue to trade until the estate of the existing premises licence holder can be dealt with and a transfer application can be submitted.

Apply online for a interim authority notice 

Tacit consent does not apply to this application.

Once in place, the interim authority notice will hold the licence as valid for up to three months or until a valid transfer application has been submitted to the licensing authority. If a valid transfer application is not received by the end of the three month period the premises licence will lapse. 

What is a notification of interest?

If you are the property owner of a premises licensed under the provisions of The Licensing Act 2003, you can apply to the Licensing Authority to be notified of any application made to change the premises licence.

Apply online for a notification of interest in a premise licence 

This will include the applications below:

• Section 34 variation application

• Section 41(a) minor variation

• Transfer application

• Designated premises supervisor variation application

• Interim authority notice

• Premises licence surrender

• Review of a premises licence.

Notification of an interested party (word 133kb)

Applications can be submitted directly to the Licensing Authority by:

Email: licensing@eastriding.gov.uk

The application needs to be accompanied by a fee of £21, the notification will last for one year. 

A tacit consent does not apply to this application.

Who regulates premises licences?

The licensing authority regulates and enforces all licences issued under The Licensing Act 2003.

If you have any complaints or concerns about a premise, for example, if you believe they are either unlicensed, operating outside their permitted hours or failing to promote the licensing objectives. You can report these to the Licensing Authority, in writing to:

Email: licensing@eastriding.gov.uk

Once concerns have been raised, the licensing authority will investigate the matter and deal with the issue in line with East Riding of Yorkshire Council's Licensing Policy enforcement protocols.

Licensing Act 2003 policy (word 725kb)

The licensing authority is not able to investigate anonymous complaints, and will always ask for complainants details to enable a full investigation and feedback to you.

All complaints detail will always be kept confidential, unless the investigation leads to a full prosecution in which the complainants’ details may have to be released.

Some complaints about licensed premises may be dealt with by other departments within the council or external partners:

Planning Department

Business Rates

Trading Standards

Fire Authority (external website)

Food Services

Humberside police (external website)

Committee hearings

A licensing authority must hold a committee hearing if one or more relevant objection is received for any of the following applications:

• new premises licence or club premises certificate
• section 34 variation of an existing premises licence or club premises certificate
• provisional statement
• review of a premises licence or club premises certificate.

A hearing must also be held where an objection is received from the police for any of the following applications:

• variation of the designated premises supervisor
• transfer of the premises licence
• interim authority notice
• personal licence
• temporary event notice.

A hearing will be arranged no later than:

• 48 hours for a summary review
• five working days for an interim authority notices
• seven working days for a standard temporary event notices
• 10 working days for a review after the last day of the 28 day representation
• in all other cases no later than 20 working days after the last day of the representation period. The applicant and any relevant persons will receive the committee report in the post prior to the hearing.

The Licensing Act 2003 committee is made up of 10 members.  Hearings are usually heard by a sub-committee of 3 members. During the hearing all relevant persons are heard.

As a result of the hearing the committee can decide to:

• grant the licence application
• add and remove conditions
• remove or limit the time of licensable activities
• limit the opening hours of a premises
• refuse to grant the licence.

Reviews

An application can be made for a review of a premise licence or club premises certificate by any of the responsible authorities or relevant persons.

The applicant for a review must give a copy of the application to the licence holder as well as all the responsible authorities.

The licensing authority must hold a hearing unless the application for a review is considered to be frivolous, vexatious or repetitious.

The decision made by the licensing committee in respect of a review does not come into place until the appeal period has ended, which is 21 days after the decision is given to all relevant persons.

Application for review (word 91kb)

A tacit consent does not apply to this application, meaning your application will not be automatically granted after a specified period of time. Each application must be assessed on its own merits. 

Appeals

An appeal can be made against any decision made by the licensing committee by the applicant for a licence, the applicant for a review, the holder of a premises licence or any person that made an objection to an application.

Appeals must be made in writing to the magistrates court for the area where the premises is located no longer than 21 days starting on the day the applicant was informed of the committee's decision.

What if I do not apply for a relevant licence? 

If you were to provide a licensable activity without any permissions in place, i.e a premises licence, club premises certificate or temporary event notice then you may be committing an offence under Section 136 of The Licensing Act 2003 the maximum penalty for such an offence is an unlimited fine and or a six month imprisonment for each offence committed.