Premises_Licence_(New_and_Full_Variation_Applications)_Applicant_Guidance_(v13)_(11.08.20)

PREMISES LICENCE (NEW AND FULL VARIATION APPLICATIONS) APPLICANT GUIDANCE – LICENSING ACT 2003 This document is issued by Chichester District Council, the ‘Licensing Authority’, as a general guide to assist applicants with making a complete and correct new or full Premises Licence variation application in compliance with the requirements of the Licensing Act 2003 It is not, however, intended to be a fully comprehensive summary of the statutory legislation and its associated regulations and guidance If you would like further advice, please contact the Licensing Authority (the ‘Authority’): Licensing Team, Growth & Place, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY – Tel: 01243 534740 or email: licensing@chichester.gov.uk CONTENTS Section Subject Page ENTITLEMENT TO WORK IN THE UK (NEW APPLICATIONS ONLY) LICENSING OBJECTIVES 3 LICENSABLE ACTIVITIES WHAT IS A PREMISES LICENCE 3 OPERATING SCHEDULE PLAN OF PREMISES ADVERTISING APPLICATIONS FEES RESPONSIBLE AUTHORITIES ADDRESSES 10 10 USEFUL CONTACTS 12 Appendices WEST SUSSEX FIRE AND RESCUE SERVICE – GUIDANCE NOTE 13 SUSSEX POLICE – GUIDANCE NOTE 15 ENVIRONMENTAL PROTECTION TEAM – GUIDANCE NOTE 16 STATUTORY NOTICES – EXAMPLE TEXT FOR NOTICE TO BE DISPLAYED AT PREMISES AND NEWSPAPER ADVERT 18 ENTITLEMENT TO WORK IN THE UK (NEW APPLICATIONS ONLY) All applicants (individuals or partnerships but not companies or limited liability partnerships) living in the UK must be entitled to be in the UK and to work in a licensable activity Applicants who are not living in the UK are not required to be eligible to work in the UK to hold a Premises Licence An individual is disqualified from applying for a Premises Licence if: (a) the individual requires leave (immigration permission) to enter or remain in the UK and has not been granted it, or (b) the individual has been granted such leave and the leave    is invalid, has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time, or otherwise), or is subject to a condition preventing the person from doing work relating to the carrying on of a licensable activity Where appropriate, applicants are required to submit one of the following documents as evidence of an entitlement to work in the UK Please provide either a photocopy or scanned copy of the original document (which does not need to be endorsed as a true copy) and not the original Please also ensure that in all respects the copy provided is clearly legible • An expired or current passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK [See note below about which sections of the passport must be provided] • An expired or current passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of an European Economic Area country or Switzerland • A Registration Certificate or document certifying permanent residence issued by the Home Office to a national of a European Economic Area country or Switzerland • A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland • A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK • A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK • A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer • A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer • A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when Page produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer • A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer • A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to work and is not subject to a condition preventing the holder from doing work relating to the carrying on of a licensable activity • A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to work relating to the carrying on of a licensable activity • A current Residence Card issued by the Home Office to a person who is not a national of an European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights of residence • A current Immigration Status Document containing a photograph issued by the Home Office to the holder with an endorsement indicating that the named person may stay in the UK, and is allowed to work and is not subject to a condition preventing the holder from doing work relating to the carrying on of a licensable activity when produced in combination with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer • A Certificate of Application, less than months old, issued by the Home Office under regulation 17(3) or 18A(2) of the Immigration (European Economic Area) Regulations 2006, to a person who is not a national of an European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights of residence • Reasonable evidence that the person has an outstanding application to vary their permission to be in the UK with the Home Office, such as the Home Office acknowledgement letter or proof of postage evidence, or reasonable evidence that the person has an appeal or administrative review pending on an immigration decision, such as an appeal or administrative review reference number • Reasonable evidence that a person who is not a national of an European Economic Area state or Switzerland but who is a family member of such a national or who has derivative rights of residence in exercising treaty rights in the UK including:- evidence of the applicant’s own identity – such as a passport, - evidence of their relationship with the European Economic Area family member – e.g a marriage certificate, civil partnership certificate or birth certificate, and - evidence that the European Economic Area national has a right of permanent residence in the UK or is one of the following if they have been in the UK for more than months: a) working e.g employment contract, wage slips, letter from the employer, b) self-employed e.g contracts, invoices, or audited accounts with a bank, c) studying e.g letter from the school, college or university and evidence of sufficient funds, or d) self-sufficient e.g bank statements Family members of European Economic Area nationals who are studying or financially independent must also provide evidence that the European Economic Area national and any family members hold comprehensive sickness insurance in the UK This can include a private medical insurance policy, an Page EHIC card or an S1, S2 or S3 form Original documents must not be sent to licensing authorities If the document copied is a passport, a copy of the following pages should be provided:- any page containing the holder’s personal details including nationality; - any page containing the holder’s photograph; - any page containing the holder’s signature; - any page containing the date of expiry; and - any page containing information indicating the holder has permission to enter or remain in the UK and is permitted to work If the document is not a passport, a copy of the whole document should be provided LICENSING OBJECTIVES The Licensing Act 2003 (the ’Act) has four objectives that are paramount, they are: (a) (b) (c) (d) Prevention of Crime and Disorder; Public Safety; Prevention of Public Nuisance; and Protection of Children from Harm Each of the licensing objectives is of equal importance, and applicants must carefully consider in the ‘Operating Schedule’ (see Section below) how they will promote each when licensing functions are undertaken LICENSABLE ACTIVITIES There are four activities that are regulated by the Act, these are known as the ‘licensable activities’, they are: (a) (b) (c) (d) WHAT The sale by retail of alcohol; The supply of alcohol by or on behalf of a Club to, or to the order of, a member of the Club; The provision of regulated entertainment; and The provision of late night refreshment IS A PREMISES LICENCE A Premises Licence (the ‘licence’) is granted to authorise a premises to be used for licensable activities The licence will be subject to conditions regulating the use of the premises to ensure that the four licensing objectives are promoted A licence has effect until it is revoked, lapsed, suspended or surrendered and is not time limited unless the applicant so requests OPERATING SCHEDULE For both new and full variation applications, an Operating Schedule is required as part of the application This should include information that enables an assessment to be undertaken by Responsible Authorities and any other person in relation to the steps that have, or will, be taken to promote the licensing objectives For example it must set out the following:  The relevant licensable activities to be conducted on the premises; Page  The times during which it is proposed that the relevant licensable activities are to take place (including the times during each day of the week, during particular holiday periods and seasons, if it is likely that the times would differ during different parts of the year); When completing the application form and requesting ‘non-standard timings’, it is important that applicants clearly identify both the time and dates to ensure that all Responsible Authorities and any other person are made fully aware of when the proposed non-standard timings will occur This will enable a valid and reasoned judgement on an application to be made by Responsible Authorities and any other person It is acceptable to request non-standard timings for recognised dates such as ‘St George’s Day’, ‘Bonfire Night’, ‘Burns Night’, ‘the first Friday in August’ or ‘the last Friday, Saturday and Sunday in January’ Examples of non-standard timings which would not be acceptable as being compliant with the requirements of Section 17(4) of the Act would include the following: ‘General – Olympic and Commonwealth Games Football – National teams in World Cup or European Cup (qualifying rounds and finals) Rugby – National teams in World Cup, European Cup and England, Scotland, Wales, Ireland or Lions tours Cricket – National team in World Cup, test matches, the Ashes and England tours Boxing – Major world championships Motor sport – Grand Prix and World Rally Championships’, ‘one day in June’ or ‘a Thursday, Friday and Saturday in July’ If applicants state a non-standard timing as shown above, the application will not be accepted by the Authority as being validly made in accordance with the provisions of the Act  Any other times when the premises are to be open to the public;  Where the licence is required only for a limited period, that period;  Where the licensable activities include the retail sale of alcohol, the name and address of the individual to be specified as the Designated Premises Supervisor (the ‘DPS’) The DPS must be a holder of a Personal Licence and this person will normally have been given day to day responsibility for running the premises by the holder of the licence It is this Authority’s view that the DPS does not have to be on the premises at all times, although it is anticipated that they will spend a significant amount of their time at the premises when it is trading It should also be noted that if the DPS is the only Personal Licence holder at the premises, they must authorise all non-Personal Licence holders who makes retail sales of alcohol at the premises, to so on their behalf This Authority strongly recommends that such authorisation is given in writing This is in accordance with the Statutory Guidance issued by the Home Office which is available from https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issuedunder-s-182-of-licensing-act-2003 To assist, this Authority has drafted an example written authorisation document which is available from our website at https://www.chichester.gov.uk/article/25496/Compliance-information-and-advice  Where the licensable activities include the retail sale of alcohol, whether the alcohol will be supplied for consumption on or off the premises or both; and  The steps that the applicant proposes to take to promote the licensing objectives, (please remember, in each case regard must be had to the particular type of premises and/or licensable activities being applied for) The Statutory Guidance issued by the Home Office provides at Section a wealth of information in relation to the formulation of conditions, this is available from https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issuedunder-s-182-of-licensing-act-2003 To assist, below we have provided information on some areas that applicant’s may wish to consider in relation to each of the licensing objectives Page PREVENTION              OF CRIME AND DISORDER Radio links and telephone communications Door supervisors Restricting access to glassware Alternatives to traditional glassware Open containers not to be taken from the premises CCTV Restrictions on drinking areas Capacity limits Proof of age cards Crime prevention notices Drinks promotions Signage Large capacity venues used exclusively or primarily for the ‘vertical’ consumption of alcohol (HVVDs) PUBLIC SAFETY            Safety checks Escape routes Disabled people Lighting Capacity limits Access for emergency vehicles First aid Temporary electrical installations Indoor sports entertainments Special effects Alterations to the premises In addition to the above points, there are particular public safety matters which should be considered in connection with theatres and cinemas Premises used for closely seated audiences       Attendants Seating Drinks Balcony fronts Special effects Ceilings Premises used for film exhibitions  Attendants – premises without a staff alerting system  Attendants – premises with a staff alerting system  Minimum lighting THE PREVENTION OF PUBLIC NUISANCE Page     Hours Noise and vibration Noxious smells Light pollution THE PROTECTION         OF CHILDREN FROM HARM Access for children to licensed premises – in general Age restrictions – specific Age restrictions – cinemas Theatres Performances especially for children Children in performances The Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks Proof of age cards West Sussex Fire & Rescue Service, Sussex Police and the Environmental Protection Team (three ‘Responsible Authorities’ under the Act), have provided some additional guidance on this matter and this is provided at Appendix 1, and As these have been independently produced, if you require any clarification in connection with them, please contact the appropriate Responsible Authority direct using the contact details specified within Section PLAN OF PREMISES Plans are not required to be drawn to a particular scale, however they must be in a format which is clear and legible in all material respects, i.e they must be accessible and provide sufficient detail in order to determine the application, including the relative size of any features relevant to the application The plan may include a legend through which the matters mentioned or referred to below are sufficiently illustrated by the use of different coloured lines/symbols on the plan Please note that the plan must be included at the time the application is submitted The plan must show clearly the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) the extent of the boundary of the building, if relevant, and any external and internal walls of the building, and if different, the perimeter of the premises; the location of points of access to and egress from the premises; if different from (b) above, the location of escape routes from the premises; in a case 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 a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts; in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms; the location and type of fire safety and any other safety equipment (e.g fire extinguishers, fire doors, fire alarms, location of CCTV cameras and other similar equipment) including, if applicable marine safety equipment (e.g marine evacuation equipment and other similar equipment); and the location of a kitchen, if any, on the premises ADVERTISING APPLICATIONS Page 1Applications for both a new or full variation of a licence must be advertised in accordance with the requirements detailed below DISPLAYING A NOTICE (a) A notice must be displayed for a period of no less than 28 consecutive days (starting on the day after the day on which the application was given to the Authority) The notice must be of a size equal to or larger than A4, of a pale blue colour, printed legibly in black ink or typed in black in a font of a size equal to or larger than 16pt (b) The notice must in all cases be prominently displayed at or on the premises to which the application relates It must be sited so that it can be conveniently read from the exterior of the premises In the case of a premises covering an area of more than fifty metres square, a further notice complying with the same requirements must be displayed every fifty metres along the external perimeter of the premises abutting any highway PUBLISHING A NOTICE 1A notice must be published on at least one occasion during the period of ten working days (starting on the day after the day on which the application was given to the Authority), in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises 2CONTENT OF NOTICES 4In all cases, the notices referred to above, shall state       the name of the applicant; the postal address of the premises which is subject of the application, 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, where applicable, the worldwide web address where the register of the relevant Authority is kept and where and when the record of the application may be inspected The relevant address to see the Authority’s register is, Licensing Authority, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY and the offices are open Monday to Thursday 8.45am to 5.10pm and Friday 8.45am to 5.00pm The Authority does not currently have an online register the date by which a Responsible Authority or any other person may make representations to the relevant Authority; that representations shall be made in writing (this includes email); and that it is an offence knowingly or recklessly to make a false statement in connection with an application and that a person is liable to an unlimited fine on conviction should such a false statement be made, and either;   In the case of new licence, the notice(s) must contain a statement of the relevant licensable activities which it is proposed will be carried on or from the premises, or In the case of an application to vary a licence, the notices shall briefly describe the proposed variation(s) Appendix shows a text only example of the layout/information that is appropriate for the statutory Notices that are required to be displayed at the premises and published as set out above However, it should be noted that it is the applicant’s responsibility to ensure that both Notices meet in all respects the requirements of the legislation and regulations, dependent upon each type of application submitted Page Prior to placing an order for an advert to be published, we would strongly recommend that it is confirmed with the Authority that the application has been accepted as having been validly submitted FEES The fees payable in respect of applications concerning licences are set by central Government They are based on the non-domestic rateable value of each premises, which are currently split into five individual bandings, A-E shown below Band Non-domestic rateable value A B C D E (£0 £4,300) (£4,301 - (£33,001 - (£87,001 - £33,000) £87,000) £125,000) (£125,001 +) If applicants not know the ‘banding’ into which a premises falls, then they may contact the Valuation Office Agency (VOA) by telephone on 0845 602 1507 Alternatively a search can be undertaken using the VOA website at https://www.tax.service.gov.uk/business-rates-find/search The current nondomestic rateable value will also be shown on the latest Non Domestic Rate Bill issued by Chichester District Council Where a premises does not have a non-domestic rateable value, it automatically falls into Band A, unless the premises are in the course of construction, in which case it falls into Band C Where an application relates to a licence that would or already authorises licensable activities to take place at a premises at which 5,000 or more people may be allowed at any one time, there is an additional application fee payable Once a licence is granted, an annual fee is payable on each anniversary of the date that the licence was initially granted This fee is again determined by the non-domestic rateable value of the premises and there is again an additional amount payable if the licence allows more than 5,000 people EXEMPTION FROM PAYMENT OF FEES In certain circumstances, there are exemptions from paying fees that relate to the provision of regulated entertainment only These relate to schools and colleges and to church halls, village hand alike For further details please contact the Authority PAYMENT OF FEE Application fees should be paid by card via our Customer Services Team when visiting the council offices or by telephone on 01243 534740 Please see below for details of the fees payable Page Table - Fees payable for Premises Licence applications: Band Non-domestic rateable value A (£0 £4,300) B (£4,301 £33,000) C (£33,001 £87,000) D (£87,001 £125,000) E (£125,001 +) Application for grant of a new Premises Licence £100 £190 £315 £450* £635* Application for variation of a new Premises Licence £100 £190 £315 £450* £635* Table * In a case where the application relates to a premises in Band ‘D’ or Band ‘E’, and the use of the premises is exclusively or primarily for the supply of alcohol for consumption on the premises, the amount of fee is, in the case of Band ‘D’, two times the amount of the fee applicable for that Band, and in the case of Band ‘E’, three times the amount of the fee applicable for that Band Table – An additional fee is to be paid in respect of an application for, or full variation of, a licence that authorises licensable activities to take place at premises at which 5,000 or more people may be allowed at any one time Number of people Additional Fee 5,000 – 9,999 10,000 – 14,999 £1,000 £2,000 15,000 – 19,999 £4,000 20,000 – 29,999 £8,000 30,000 – 39,999 £16,000 40,000 – 49,999 £24,000 50,000 – 59,999 £32,000 60,000 – 69,999 £40,000 70,000 – 79,999 £48,000 80,000 – 89,999 £56,000 90,000 and over £64,000 Table RESPONSIBLE AUTHORITIES ADDRESSES Page Applications submitted to this Authority by email will, if necessary, be forwarded by us to each of the appropriate Responsible Authorities on the applicant’s behalf However, applications submitted by post will require the applicant to serve a copy on each Responsible Authority at the same time as giving it to this Authority In order to identify the Responsible Authorities that should be served with a copy of a particular application, please read Sections A to E below: Section A All applications must be submitted to Sussex Police Chief Officer of Sussex Police, c/o Licensing Officer, Sussex Police, Centenary House, Durrington Lane, Worthing, West Sussex, BN13 2PQ - Tel: 0845 60 70 999 or 101 - Fax: 01243 843637 - Email: WS_Licensing_WOR@sussex.pnn.police.uk - Website: www.sussex.police.uk West Sussex Fire and Rescue Service Business Fire Safety, Horsham Fire Station, Hurst Road, Horsham, West Sussex, RH12 2DN - Tel: 0330 222 3333 - Email: businessfiresafety@westsussex.gov.uk - Website: www.westsussex.gov.uk Environmental Protection Team Environmental Protection Manager, Environmental Protection Team, Planning and the Environment, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY - Tel: 01243 785166 ext 4598 - Fax: 01243 776766 - Email: environmentalprotect@chichester.gov.uk - Website: www.chichester.gov.uk West Sussex Local Safeguarding Children Board West Sussex Local Safeguarding Children Board, c/o Children’s Safeguarding Unit, Room 24, Durban House, Bognor Regis, West Sussex, PO22 9RE - Tel: 03302 223337 Email: cpu.team@westsussex.gcsx.gov.uk - Website: www.westsussex.gov.uk Trading Standards Trading Standards, West Sussex County Council, Centenary House, Durrington Lane, Worthing, West Sussex, BN13 2QB - Tel: 01243 642124 - Fax: 01903 839743 - Email: tradingstandards@westsussex.gov.uk - Website: www.westsussex.gov.uk West Sussex Public Health Director of Public Health, c/o Public Health Licensing, First Floor, The Grange, Chichester, PO19 1QT – Tel: 01243 815393 - Email: publichealth.licensing@westsussex.gov.uk Section B All applications must be submitted to the ‘enforcing authority for health and safety’ This will be one of the following Health Protection Team (for Local Authority enforced premises) Health Protection Manager, Health Protection Team, Housing and Communities, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY - Tel: 01243 785166 ext 4602 - Fax: 01243 776766 - Email: healthprotection@chichester.gov.uk - Website: www.chichester.gov.uk Health and Safety Executive (for non-Local Authority enforced premises) Health and Safety Executive, The Council Offices, Station Road East, Oxted, Surrey, RH8 - Email: formsadmin.oxted@hse.gsi.gov.uk - Website: www.hse.gov.uk Page 10 Section C All applications must be submitted to ‘the local planning authority’ You can check whether a premises is within the South Downs National Park at http://www.southdowns.gov.uk/communities/do-i-live-in-the-national-park This will be one of the following Development Management (premises outside of the South Downs National Park) Head of Planning Services, Development Management, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY - Tel: 01243 534734 - Fax: 01243 534563 - Email: dcplanning@chichester.gov.uk - Website: www.chichester.gov.uk South Downs National Park Authority (premises inside the South Downs National Park) South Downs National Park Authority, c/o Head of Planning Services, Development Management, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY - Tel: 01243 534734 - Fax: 01243 534563 - Email: dcplanning@chichester.gov.uk - Website: www.chichester.gov.uk and http://www.southdowns.gov.uk/ Section D Where an application relates to a premises (not being a vessel) which are currently or it is proposed to be used for the sale by retail of alcohol and/or the provision of late night refreshment, a copy must be submitted to Home Office (Immigration Enforcement)  Alcohol Licensing Team, Lunar House, 40 Wellesley Road, Croydon, CR9 2BY Email: alcohol@homeoffice.gsi.gov.uk Section E Where an application relates to a vessel, a copy of the application must be submitted to any ‘navigation authority’ that have statutory functions in relation to the waters where the vessel is usually moored or berthed, or any waters where it is proposed to be navigated when used for licensable activities This will be one or more of the following Maritime & Coastguard Agency Spring Place, 105 Commercial Road, Southampton, Hampshire, SO15 1EG – Tel: 02380 329100 - Email: southampton_mo@mcga.gov.uk Environment Agency Guildbourne House, Chatsworth Road, Worthing, West Sussex, BN11 1LD – Tel: 03708 506506 Canal & River Trust Canal & River Trust, Head Office, First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB – Tel: 0303 040 4040 - Email: customer.services@canalrivertrust.org.uk 10 USEFUL CONTACTS Page 11 Chichester Observer Public Notices - Tel: 0207 023 7931 - Email: sussexnotices@jpress.co.uk - Website: www.chichester.co.uk Chichester Post Public Notices - Tel: 01243 908506 - Email: sales@sussexpost.co.uk - Website: www.chichesterpost.co.uk Department for Culture, Media and Sport Website: https://www.gov.uk/government/organisations/department-for-culture-mediasport Home Office Website: https://www.gov.uk/government/organisations/home-office Licensing Authority Licensing Manager, Licensing Team, Growth & Place, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY - Tel: 01243 534740 - Fax: 01243 776766 - Email: licensing@chichester.gov.uk - Website: www.chichester.gov.uk Security Industry Authority (SIA) Website: www.sia.homeoffice.gov.uk S:/H&CW/EHS/LICENSING/AreasofWork/LA2003/Guidance/CDCAppGuid//PremisesLicence(NewandFullVariation)ApplicantGuidance(v13)(11.08.20) Page 12 APPENDIX West Sussex Fire & Rescue, Business Fire Safety, Horsham Fire Station, Hurst Road, Horsham, West Sussex, RH12 2DN TEL: 0330 222 3333 EMAIL: businessfiresafety@westsussex.gov.uk West Sussex Fire & Rescue Service Licensing Act 2003 Guidance Note for Applicants for Premises Licences and Club Premises Certificates In accordance with the requirements of the Licensing Act 2003, applicants for Premises Licences/Club Premises Certificates must give formal written notification of their application to the Fire Authority and this should be sent to the above address, for the attention of the Fire Safety Department To assist the Fire Authority with processing the application, the following information should accompany the notification  A completed Application Form  The Operating Schedule  A set of plans showing the specific area/s of the premises to which the application relates Plans submitted to be in a useable scale  The date when the most recent fire safety risk assessment of the premises was carried out, along with any identified significant findings (see over)  A summary of any proposed changes or improvements to remedy the significant findings, with the date of their implementation  Details of the Occupancy numbers to be permitted in the premises, and the management arrangements to ensure they are not exceeded  Details of the maximum occupancy numbers expected in the licensed area/s of the premises For details on how to calculate the suitable occupancy of your premises, please refer to The Building Regulations 2000, Fire Safety Approved Document B- Volume 2, Page 149, Appendix C: Methods of Measurement and Page 37 Table 4: Widths of Escape Routes and Exits  A copy of the emergency plan Page 13  Supporting evidence demonstrating adequate maintenance of fire safety provisions and systems e.g Records of current servicing certificates, testing of fire alarm, emergency lighting and fire extinguishers On receiving the notification, the Fire and Rescue Service will send an acknowledgement of the notification to the applicant and the Licensing Authority The Fire and Rescue Service operates a risk based inspection programme due to its statutory obligations under the Regulatory Reform (Fire Safety) Order 2005 Therefore an inspection of your premises may not be carried out at this time As your premises will be licensed under another enactment, you are required to undertake a fire risk assessment You/responsible person must also undertake the following Check that a fire can be detected in a reasonable time and that people can be warned Check that people who may be in the building can get out safely Provide reasonable fire fighting equipment Check that those in the building know what to if there is a fire Check and maintain your fire safety equipment Further guidance is available from: Licensing Act 2003 Regulatory Reform (Fire Safety) Order 2005 DCLG Guide - Offices & Shops DCLG Guide - Small & Medium Places of Assembly DCLG Guide – Large Places of Assembly www.firesafetyguides.communities.gov.uk Or visit our website at www.westsussex.gov.uk where a fire risk assessment may be completed on line Further information and assistance is available from: West Sussex Fire & Rescue Service Business Fire Safety Horsham Fire Station Hurst Road Horsham West Sussex RH12 2DN Tel: 0330 222 3333 Email: businessfiresafety@westsussex.gov.uk Website: www.westsussex.gov.uk 01/12/10 (FS25/D6) Page 14 APPENDIX Sussex Police Centenary House Durrington Lane Worthing West Sussex BN13 2PQ Licensing Act 2003 Guidance Note - Premises Licences and Club Premises Certificates applications Whilst each application is considered by Sussex Police on its own individual merits, the following points of guidance have been provided to assist applicants At the time of submitting the application to the Licensing Authority, a copy must also be served on Sussex Police and we would ask that applications be addressed to the Licensing Officer at the above address To enable us to properly consider an application, the following information should be provided: Application Form When completing ‘Part - Operating Schedule’ please provide a brief description of the business model and explain why the licence/certificate is required When completing the section relating to the steps that would be taken in promote the four licensing objectives, please ensure the content is clear and concise and that it can be easily translated into enforceable conditions For example rather than saying “children will not be allowed on the premises after 2100 hours”, specify an actual age When specifying the opening times, it is recommended that ordinarily closing time should be 30 minutes after the sale/supply of alcohol ceases For example: 00:00 hours requested as the terminal hour for the sale of alcohol, open to the public until 00:30 hours Please be aware that there is now no longer a specified ‘drinking up time’ Plan(s) It is a requirement that a plan(s) of the premises is provided in the prescribed form If a CCTV system is already installed or indeed is to be installed, the location and direction of each camera should be clearly marked on the plan Unless Sussex Police are satisfied that an application adequately promotes the four licensing objectives, then a formal representation will be submitted to the Licensing Authority A representation may include suggested amendments to the application in order that Sussex Police can be satisfied that granting the application would not undermine the licensing objectives Unless there is an agreement to these proposed amendments, then a formal Committee hearing may be required to determine the application For further information please contact us at the address shown above or alternatively by email to: WS_Licensing_WOR@sussex.pnn.police.uk or telephone: 0845 60 70 999 or 101 Ext 581419 Page 15 APPENDIX Environmental Protection Manager Environmental Protection Team Planning and the Environment Chichester District Council East Pallant House East Pallant Chichester West Sussex PO19 1TY Licensing Act 2003 Guidance Note for Applicants for Premises Licences and Club Premises Certificates In accordance with the requirements of the Licensing Act 2003, applicants for Premises Licences/Club Premises Certificates must give formal written notification of their application to the Environmental Protection Team as Responsible Authority, at the above address The Environmental Protection Team will comment on the Prevention of Public Nuisance aspects of your Application, and if you have not addressed these matters by statements or information on your Application form, we may make representation to the Licensing Authority Public Nuisance matters include Noise, Odour, General Disturbance, Litter, Antisocial Behaviour, Light Pollution and all the kinds of issues that can affect occupiers near licensed premises The Licensing Act 2003 does not supersede the legal duties to prevent nuisance under other legislation, including the Environmental Protection Act 1990, and enforcement action in relation to noise from licensed premises will usually be dealt with, initially, under these powers The Licensing Act 2003 allows for consideration to be given to potential issues and where necessary, for controls to be put in place to avoid any future problems arising Each situation is judged on its own merits but it is important to consider at the application stage, whether some establishments are suitable for musical entertainment, regardless of control measures and restrictions The following are the issues, which we will be looking for you to have addressed in your Application, and your operating schedule, where applicable • Amplified and non-amplified music, singing and speech • Patrons arriving and leaving the premises, including provision of public transport • Car parks and other outside areas • Delivery and collection vehicles • Plant & Machinery • Outside lighting • Cooking odour • Litter Page 16 When completing ‘Part - Operating Schedule’ at section P (d) relating to the steps that would be taken to promote the licensing objective ‘Prevention of Public Nuisance’, please ensure the content is clear and concise and that it can be easily translated into enforceable conditions For example: During any events involving live or amplified music (other than low level background music), all windows will be kept closed External doors will also be kept closed, except where necessary for access and egress A nominated individual will ensure that excessive noise does not come from the premises, such as to cause people in the neighbourhood to be unreasonably disturbed Appropriately trained staff will take all reasonable steps to ensure that people visiting the premises and using adjacent car parks and highways not conduct themselves in a manner that causes annoyance to residents and people passing by Unless the Environmental Protection Team are satisfied that an application adequately promotes the prevention of public nuisance licensing objective, then a formal representation will be submitted to the Licensing Authority A representation may include suggested amendments to the application in order that we can be satisfied that granting the application would not undermine the licensing objective to prevent public nuisance Unless there is an agreement to these proposed amendments, then a formal Committee hearing may be required to determine the application Where there is a likelihood of noise nuisance from your premises you will need to take steps to prevent it It may be a good idea to consult the occupants of noise sensitive premises in the vicinity and to develop good working relationships, which will reduce the risk of complaint You may need specialist help, for example to design a sound-proofing scheme or to specify new or replacement equipment and plant The Council does not provide this service and recommends that you employ a consultant who is an expert in noise control A list of local noise consultants can be found at the Institute of Acoustics http://www.ioa.org.uk/ The Environmental Protection Team will be pleased to cooperate with the consultant and to comment on the recommendations received For further information please refer to the Public Nuisance Guidance available on our Licensing page http://www.chichester.gov.uk/CHttpHandler.ashx?id=12915&p=0 Further assistance is available from: Timothy Horne Principal Environmental Health Officer (Environmental Protection Team) Tel (01243) 785166 or 534598 environmentalprotect@chichester.gov.uk Page 17 APPENDIX Example of notice on display at premises LICENSING APPLICATION LICENSING ACT 2003 NOTICE IS HEREBY GIVEN that an application has been made to the Licensing Authority of Chichester District Council for the (insert type of application e.g grant or variation) of a Premises Licence under Section (insert Section – see below *) of the Licensing Act 2003 Name of Applicant: (Insert full name of applicant) Postal address of premises: (or if no postal address, description of location and extent of the premises): (Insert full name and address or a description of the premises to which the notice relates) Description of application: (Insert a concise, but clear brief description of the content of the application e.g Retail sale of alcohol - Sunday to Thursday 0900hr to 0100hr and Friday to Saturday 0900hr to 23.00hr Where appropriate include reference to any non-standard timings for which you are seeking permission, for example ‘Sale of alcohol on the 5th November from 10:00hrs to 02:00hrs’) A copy of the statutory register may be inspected at the address shown below between the hours of 08:45 to 17:10 Monday to Thursday and 08:45-17:00 Friday or by visiting www.chichester.gov.uk Any Responsible Authority or other person wishing to make representations on this matter must submit those representations in writing to the Licensing Manager, Licensing Team, Growth & Place, Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY or by email to: licensing@chichester.gov.uk by no later than the end of (insert closing date for representations - see below **) It is an offence knowingly or recklessly to make a false statement in connection with an application A person is liable to an unlimited fine on conviction should such a false statement be made Page 18 Example of advert published in newspaper LICENSING APPLICATION LICENSING ACT 2003 NOTICE IS HEREBY GIVEN that an application has been made to the Licensing Authority of Chichester District Council for the (insert type of application e.g grant or variation) of a Premises Licence under Section (insert Section – see below *) of the Licensing Act 2003 Name of Applicant: (Insert full name of applicant) Postal address of premises: (or if no postal address, description of location and extent of the premises): (Insert full name and address or a description of the premises to which the notice relates) Description of application: (Insert a concise, but clear brief description of the content of the application e.g Retail sale of alcohol Sunday to Thursday 0900hr to 0100hr and Friday to Saturday 0900hr to 23.00hr Where appropriate include reference to any non-standard timings for which you are seeking permission, for example ‘Sale of alcohol on the 5th November from 10:00hrs to 02:00hrs’) A copy of the statutory register may be inspected at the address shown below between the hours of 08:45 to 17:10 Monday to Thursday and 08:45-17:00 Friday or by visiting www.chichester.gov.uk Any Responsible Authority or other person wishing to make representations on this matter must submit those representations in writing to the Licensing Manager, Licensing Team, Growth & Place, Chichester District Council, East Pallant House, 1East Pallant, Chichester, West Sussex, PO19 1TY or by email to: licensing@chichester.gov.uk by no later than the end of (insert closing date for representations - see below **) It is an offence knowingly or recklessly to make a false statement in connection with an application A person is liable to an unlimited fine on conviction should such a false statement be made * Application for grant of a Premises Licence – Section 17 Application to vary a Premises Licence – Section 34 ** The date for the conclusion of Representations to be made is 28 days after the day on which the application is given to the Authority Page 19