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Premises: Provisional Statement

Where premises are being or are about to be constructed/altered, the necessary investment may not be committed unless investors have some assurance not only that the project has appropriate planning permission, but that they have some degree of assurance that a premises licence covering the desired licensable activities would be granted for the premises when the building work is completed.

 

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Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

Applicants may apply for a provisional statement which acts as an indicator to whether a premises licence is likely to be granted upon completion of the construction work or alterations in accordance with the plans.

 

 

Application Process 

  •  Necessary Information
    An application for a provisional statement must be made to the licensing authority for the area in which the premises is situated.


    To make application you must submit:

    • relevant application form
    • the required fee (this is an application fee which is not refundable)
    • schedule of works
    • plan of the premises
    • confirmation that the application has been simultaneously served to the appropriate responsible authorities.

     

    A notice must be clearly displayed on the premises and must also be published in a local newspaper.

  •  Holding and deferring electronic applications (s182 guidance)

    If an application has been given at the weekend, the notice advertising the application (where applicable) may already be displayed outside the premises by the time that the licensing authority downloads the application. The Government therefore recommends that if a licensing authority holds an application, it should inform the applicant that the original (or if necessary, amended) notice must be displayed until the end of the revised period.

     

    Therefore, the applicant should not advertise the application in a local newspaper until they have received confirmation from the licensing authority that the application includes all the required information. This advice ensures applicants do not incur any unnecessary costs.

  •  Responsible authorities

    These are public bodies that must be fully notified of applications and that are entitled to make representations to the licensing authority in respect of the application. All representations made by responsible authorities are relevant representations if they concern the effect of the application on the licensing objectives.

     

    The responsible authorities are:

    • Chief Officer of Police
    • Fire and Rescue Service
    • Environmental Health
    • Planning
    • Trading Standards
    • Social Services
    • Health Board

     

    If applying for a licence for a vessel you must also consult with Maritime Coastguard Agency.

     

    When serving the application on the Licensing Authority, the applicant should simultaneously serve copies of the application and the plan on all relevant responsible authorities. The application is not valid until this has been completed.

     

    If applying online via UK Welcomes or through Flexible Support for Business the Vale of Glamorgan Council is responsible for sending the relevant copies to the responsible authorities.

     

    The responsible authorities have 28 consecutive days to consider the application served upon them. Members of the public/interested parties also have a 28-day period within which to consider making a relevant representation

  •  Determination

    Where an application is either granted or rejected, the licensing authority will give a notice to that effect to the applicant, relevant responsible authorities and other persons having made a successful representation and the chief officer of police for the area in which the premises is situated.

     

    Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application. A hearing on an application will only occur where non-frivolous or vexatious objections or representations from irresponsible authorities or other persons are received. However, these representations must be considered by the licensing authority to have an impact on the promotion of one or more of the licensing objectives. 

     

    It is important to note that representations can be negative (objection) or positive (in support) of the application and must be made in writing or by email. Where no objections or relevant representations are made by responsible authorities or interested parties, the licensing authority must grant the provisional statement on the 29th consecutive day subject only to the *mandatory conditions and the schedule of works.


    In the unlikely event, that you have not heard anything regarding your application after the 28-day period above, please contact us. The outcome of your application is not deemed granted if you have not heard from us for reasons of public health and safety.

    If relevant representations are received, the licensing authority must hold a hearing and consider the representations, unless successful mediation has occurred.

  •  Mediation

    Mediation is successful where all parties, i.e the applicant, all parties making relevant representations and with the agreement of the licensing authority; agree that the reasons for representation have been overcome and that these may be reflected in the licence issued, i.e the operating schedule/licence conditions.

  •  Hearing (mediation unsuccessful)

    Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant, responsible authorities and other persons at least 10 working days before the day of the hearing.

     

    The applicant and parties described above must give notice to Vale of Glamorgan Council at least 2 working days before the start of the hearing stating:

    • whether they will attend the hearing in person
    • whether they will be represented by someone else (e.g. lawyer / councillor / MP)
    • whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing)
    • any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application

     

  •  Hearing - what action is available to the licensing sub-committee?

    When a hearing is held, the committee must decide whether, if the premises were constructed or altered in the way proposed in the schedule of works and if a premises licence were sought for these premises, it would consider it necessary for the promotion of the licensable objectives to:

    • attach conditions to the licence
    • rule out any of the licensable activities applied for
    • refuse to specify the person nominated as premises supervisor
    • reject the application

     

 

 

 

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.

 

The target time is 28 calendar days.

This may be extended if objections are received to allow time for a hearing.

 

Background and Eligibility Criteria

Any person (if an individual aged 18 or over) who has an interest in the premises may apply for a provisional statement.

A person in this context, includes a business, a firm of architects, a construction company or a financier.

 

Licensing objectives and aims

The legislation (the Licensing Act 2003) provides a clear focus on four statutory objectives, which must be addressed when licensing functions are undertaken.
These are:

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

Each objective is of equal importance. It is important to note that there are no other licensing objectives, so that these four objectives are paramount considerations at all times.

 

Regulated entertainment

This is defined under the Licensing Act 2003 as:

  • a performance of a play
  • an exhibition of a film
  • an indoor sporting event
  • a boxing or wrestling entertainment (indoor and outdoor)
  • a performance of live music
  • any playing of recorded music
  • a performance of dance
  • facilities for dancing
  • entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance
  • but only where the entertainment takes place in the presence of an audience and is provided at least partly to entertain that audience

 

Late night refreshment

The provision of late night refreshment means the supply of hot food or hot drink to the public, for consumption on or off the premises, between 11:00 pm and 5:00 am or the supply of hot food or hot drink to any persons between those hours on or from premises to which the public has access.

 

Conditions 

Premises Licence Mandatory Conditions

  •  Supply of Alcohol

    1. No supply of alcohol may be made under the premises licence-

        a) at a time when there is no designated premises supervisor in respect of the premises licence, or

        b) at a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.

     

    2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence

  •  Irresponsible Drinks Promotions

    1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

     

    (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

        (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to—

            (i)drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

           (ii)drink as much alcohol as possible (whether within a time limit or otherwise);

       (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

       (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

      (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

      (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  •  Free Drinking Water

    The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  •  Age Verification Policy

    (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

     

    (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

     

    (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

       (a) a holographic mark, or

       (b) an ultraviolet feature.

  •  Smaller Measures

    The responsible person must ensure that—

       (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

           (i) beer or cider: ½ pint;

           (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

          (iii)still wine in a glass: 125 ml;

      (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

      (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

  •  Minimum Pricing

    1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

     

    2. For the purposes of the condition set out in paragraph 1—

       (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

       (b) “permitted price” is the price found by applying the formula—

    Where—

           (i) P is the permitted price,

          (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

          (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

      (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence—

         (i) the holder of the premises licence,

        (ii) the designated premises supervisor (if any) in respect of such a licence, or

        (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

      (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

      (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

     

    3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

     

    4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

     

    (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

  •  Exhibition Films

    (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

     

    (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

     

    (3) Where—

        (a) the film classification body is not specified in the licence, or

        (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

     

    (4)In this section—

    “children” means persons aged under 18; and

    “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

  •  Door Supervision

    (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must

       (a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

       (b) be entitled to carry out that activity.

     

    (2) But nothing in subsection (1) requires such a condition to be imposed—

       (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or

       (b) in respect of premises in relation to—

           (i)any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

          (ii)any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

     

    (3) For the purposes of this section—

       (a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act), and

        (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

  •  Community Premises with Alcohol

    Every supply of alcohol under the premises licence must be made or authorised by the management committee.

 

 

Fees

The fee for a provisional statement is £315.00. This fee is not refundable.

 

Following the grant of a provisional statement, the applicant (s) will usually at some point following the completion of works etc., need to make a premises licence application in readiness to commence trading.

It should be noted that if the premises licence application reflects the details of the granted provisional statement without significant changes, that unless relevant representations by responsible bodies and interested parties were made at the time of the application for provisional statement, that they can not be considered again.

This would only be possible if the premises licence application is considered significantly different in aspiration by the licensing authority and then new grounds for possible representation may exist.

 

Supplementary Information 

  •  Plan of the Premises

    A premises plan must be of the standard scale - 1mm = 100mm (unless previously agreed by the Council in another format). The Council’s preference is also that plans should not be larger than A3 in size.

    The premises plan shall include the following:

    • the location of the extent of the boundary of the building, if relevant, and any external and internal walls which comprise the premises, or in which the premises is comprised
    • the location of points of access to and egress from the premises
    • if different from the above, the location of escape routes from the premises
    • in cases where the premises is to be used for more than one licensable activity, the area within the premises used for each activity
    • fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment
    • in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor
    • in the case where the premises includes any room or rooms containing public conveniences, the location of any of these
    • the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and
    • the location of a kitchen, if any, on the premises. The plan may include a legend where indication of the above is by the use of symbols.

     

  •  Schedule of Works

    The schedule of works is a document, which must include the following information:

    • a statement made by or on behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are to be used
    • plans of the work being or about to be done at the premises

     

  •  Notice

    To advertise the application, the applicant must clearly display a notice of a size equal or larger than A4 (on pale blue paper) printed legibly in black ink or typed in black in a font size equal to or larger than size 16. This should be immediately on or outside the premises for a period of no less than twenty eight consecutive days starting on the day following the day on which the application was given to the Vale of Glamorgan Council and during which time interested parties may make representations.

     

    For properties with a frontage onto a highway more than 50 metres long, the Notice should be displayed at 50 metre intervals.

    Additionally, the applicant must publish a notice in a local paper. This should be on at least one occasion during the period of 10 working days starting on the day following the day on which the application was given to Vale of Glamorgan Council.

     

    The Notice should clearly contain a brief summary of the application setting out details as follows:

    • proposed relevant licensable activities to be carried on or from the premises
    • the name of the applicant
    • the postal address of the premises premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises to be identified
    • the postal address and, where applicable, the world-wide web address where the Vale of Glamorgan Council register is kept and where the record of the application may be inspected
    • the dates between which an interested party and responsible authorities may make representations to Vale of Glamorgan Council
    • a statement that representations shall be made in writing
    • a statement 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 - £5,000.

     

 

 

Offences and Penalties

  • Failure to notify Licensing Authority of change of name or address Premises Licence Holder or Designated Premises Supervisor
  • Failure to notify existing Designated Premises Supervisor of variation to premises licence to exclude them
  • Failure to provide premises licence to Licensing Authority upon removal of Designated Premises Supervisor
  • Failure to notify Designated Premises Supervisor of application for transfer of premises licence
  • Failure to notify Designated Premises Supervisor of grant of interim authority notice
  • Failure to provide premises licence at request of Licensing Authority for amendment
  • Failure to keep or display premises licence on the premises.
  • Failure to produce premises licence to an Authorised Officer for examination
  • Obstruction of an Authorised Officer entering premises to inspect before grant of a licence, review or a statement
  • Failure to produce personal licence to an Authorised Officer whilst on premises to sell or authorise sale of alcohol
  • Allowing licensable activities otherwise than in accordance with an authorisation
  • Unauthorised exposure for retail sale of alcohol
  • Unauthorised possession of alcohol with intent to sell or supply
  • Allowing disorderly conduct on licensed premises
  • Sale or supply of alcohol to person who is drunk
  • Obtaining alcohol for a person who is drunk
  • Failure to leave licensed premises following a request from a Police Officer or Authorised Officer
  • Keeping unlawfully imported goods on relevant premises
  • Allowing unaccompanied children under 16 on relevant premises when alcohol is being supplied
  • Sale or supply of alcohol to children under 18
  • Allowing sale or supply of alcohol to children under 18
  • Sale or supply of liqueur confectionery to children under 16
  • Purchase or supply of alcohol by or on behalf of children under 18
  • Consumption on relevant premises of alcohol by children under 18, or knowingly allowing it to occur
  • Delivering or permitting others to deliver alcohol to children under 18
  • Sending a child under 18 to obtain alcohol for consumption
  • Permitting children under 18 to sell or supply alcohol children
  • Sale of alcohol in or from a moving vehicle
  • False statement in connection with a licensing application
  • Keeping premises open in contravention of an area closure order
  • False statement in connection with a licensing applicationPermitting premises to be open in contravention of a premises closure order
  • Permitting premises to be open in contravention of a Magistrates' closure order
  • Obstructing entry by a Police Officer or an Authorised Officer to premises to check on the carrying out of licensable activity.

 

 

Complaint and Other Redress

  •  Failed Application Redress

    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by a refusal to be granted a licence may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Licence Holder Redress
    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by any conditions to which a licence is subject may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Consumer Complaint
    We would always advise that in the event of a complaint the first contact is made with the trader by you, preferably in the form of a letter with proof of delivery. 

     

    If that has not worked and you are located in the UK Consumer Direct will be able to give you advice.    

     

    If you have a complaint from across Europe contact the UK European Consumer Centre.

  •  Other Redress

    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.

 

 

 

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