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Premises licences - existing licence holders

How to renew or change a premises licence, notifications of interest and other information about premises licences. 

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 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 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 (pdf 394kb)

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:

Licensing 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 (pdf 65kb)

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 (pdf 394kb)

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.

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