Welcome to birmingham.gov.uk

Welcome to birmingham.gov.uk

Advertisement

Advertising

Licensing Premises Licence

This page can be referred to as
http://www.birmingham.gov.uk/LA2003premiseslicence
http://www.birmingham.gov.uk/LA2003premisesprovisionalstatement
http://www.birmingham.gov.uk/LA2003supervisordisapplied
http://www.birmingham.gov.uk/LA2003premisesvary
http://www.birmingham.gov.uk/LA2003premisessupervisor
http://www.birmingham.gov.uk/LA2003premisestransfer
http://www.birmingham.gov.uk/LA2003premisessection178
http://www.birmingham.gov.uk/LA2003interimauthority
http://www.birmingham.gov.uk/LA2003consenttransfer
http://www.birmingham.gov.uk/LA2003consentdesignated
http://www.birmingham.gov.uk/LA2003minorvariation
http://www.birmingham.gov.uk/LA2003supervsiorremoved

Licence Summary
To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales.

Eligibility Criteria
Any of the following may apply for a premises licence:

  • anyone who uses 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.

Guidance and Advice
Detailed information including the licensing regulations, application forms, fees etc is available at https://www.gov.uk/alcohol-licensing

Application Process
If the premises are situated within Birmingham, applications should be made to the licensing section - contact details indicated below.

Applications must be in a specific format and be accompanied by any required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).

An operating schedule will include details of:

  • the licensable activities;
  • the times when the activities will take place;
  • any other times when the premises will be open to the public;
  • in the case of applicants who wish to have a limited licence, the period the licence is required for;
  • information in respect of the premises supervisor;
  • whether any alcohol that is to be sold is for consumption on or off the premises or both;
  • the steps proposed to be taken to promote the licensing objectives;
  • any other required information.

Applicants may be required to advertise their application and to give notice of the application to any other person or responsible body, eg the local authority, chief police officer or fire and rescue authority.

The licensing authority must grant the application, which can be subject to conditions. A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.

The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious) and the chief of police.

Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.

Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.

Application Form
The Birmingham City Council Application Forms are attached at the bottom of this page.

Once you have completed the relevant application form it can be submitted to the Licensing Section by a variety of means:

By Post - send completed applications to the address as indicated in the contact details below.
Postal applications must be accompanied by a cheque or postal order for the appropriate fee (see below) and made payable to 'Birmingham City Council'.

In Person - applications can be submitted in person at the address and during the times shown below under contact details.

By Email - completed applications can be submitted electronically by attaching the completed form and any associated supporting documents to the Licensing Section email address as indicated in the contact details below.
Please note that electronic applications submitted by email can only be accepted if there is a scanned signature on the application form. On receipt of your application by email a Licensing Officer will contact the applicant to acquire payment of the appropriate fee via a debit or credit card.

Online - alternatively if you are applying from within a European Member State you can apply on the business link website using the following link – Licensing Act 2003 - Online Licence Applications

Fee
Please check the Fees and Charges Schedule page for details of the cost of your application.

Processing Timescale
Our target for dealing with applications is determined by the statutory timescales as indicated in the regulations (please see link above under Guidance and Advice).

Tacit Consent - Grounds for Refusal
Tacit consent means that if we have not dealt with applications within the target period then the application can be deemed to have been granted/approved.

Tacit consent DOES apply in respect of the following:

  1. application for a Premises Licence;
  2. application for a Provisional Statement;
  3. application for need for a Designated Premises Supervisor to be disapplied;
  4. application to Vary a Premises Licence;
  5. application to Vary a Premises Licence to specify an individual as Designated Premises Supervisor;
  6. application to Transfer Premises Licence;
  7. Notification of an Interest in Premises under Section 178;
  8. Interim Authority Notice;
  9. consent to Transfer;
  10. consent to be Designated Premises Supervisor;
  11. request to be removed as Designated Premises Supervisor.

However please note that tacit consent does NOT apply in respect of a Premises Licence Minor Variation application as it is in the public interest that the local authority considers and processes all applications.

Complaints / Enquiries
Contact the Licensing Section - see contact details below.

Consumer Complaints
A responsible authority or other persons may apply to the licensing section to review the premises licence. A hearing will be held by the licensing section.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Making Representations
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.

A responsible body or other persons may make representations in relation to a licence application.

A responsible authority or other persons 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.

A responsible authority or other persons 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.

Trade Associations
Association of Licensed Multiple Retailers (ALMR)
Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
Federation of Licensed Victuallers Associations (FLVA)

Public Register

You can browse the Licensing Act 2003 Public Register which will enable you to view and conduct advanced searches on all Club Premises Certificates ISSUED by this authority including PENDING applications.

Contact
Licensing Section,
Crystal Court,
Aston Cross Business Park,
50 Rocky Lane,
Aston,
Birmingham
B6 5RQ
(Monday, Tuesday, Thursday: 9am - 4pm
Wednesday: 10am - 4pm, Friday: 9am - 3.30pm)

Telephone: 0121 303 9896
Fax: 0121 303 9982
e-mail: licensing@birmingham.gov.uk