Apply for a premises licence
Premises selling alcohol, providing regulated entertainment or providing late night refreshment will need to be licensed under the Licensing Act 2003. Premises licences are issued by the council as the local licensing authority. This generally covers businesses such as pubs, night clubs, restaurants, cafes, cinemas, theatres, hotels, off licenses and late night food takeaways. If these activities are provided on an occasional basis, you may also apply for a Temporary Event Notice (TEN).
Any premises where alcohol is supplied under a premises licence must have a nominated Designated Premises Supervisor (DPS). This is a person in day-to-day control of the premises. It is expected that they will be the point of contact for the premises at all times for the council, or other responsible authorities (such as the police or fire service) if problems occur at the premises. A DPS must be a personal licence holder but will not necessarily be the premises licence holder.
Please read the mandatory conditions applicable to all premises licenses before you complete the application form.
Additional legislative requirements may apply to your business, it is your responsibility as the applicant and business owner to ensure full compliance. This includes the application of suitable fire safety practices. Information can be found via the following link Premises Licensing and Fire Safety requirements
Applicants for a premises licence must be 18 or over. Any of the following may apply for a premises licence:
- anyone who operates 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 Health and Social Care Act 2008 in relation to an independent hospital in England
- a chief police officer of a force in England and Wales
- anyone discharging a statutory function under Her Majesty's prerogative
- a person from an educational institute
- any other permitted person
The powers to regulate and issue licences is contained in the Licensing Act 2003
Please have regard to Horsham District Council Statement of Licensing Policy and the Statutory Guidance issued in accordance with Section 182 of the Act.
When you apply for a premises licence you must provide the following with your completed application form.
Operating schedule
The operating schedule, which forms part of the application form, explains how you propose to operate the business and promote the four licensing objectives.
It includes:
- what activities will take place
- the proposed hours
- the duration of the licence (if appropriate)
- who the designated premises supervisor is
- whether alcohol will be sold, and if so whether it will be consumed on or off the premises
- what steps you will take to promote the four licensing objectives
- It should take into account the type, size, location and opening hours of the premises
You should be aware that what you write in your operating schedule will be used to produce conditions that will be attached to your licence. So, you should make sure that the steps you are suggesting are realistic and within your control. If a licence is granted with conditions attached requiring the implementation of certain steps, these conditions will be enforceable in law and it will be a criminal offence to fail to comply with them.
Before completing your operating schedule you are strongly advised to read the Council’s Statement of Licensing Policy
Consent of designated premises supervisor
If you are selling alcohol you must have consent from the person who will be the designated premises supervisor. The designated premises supervisor must hold a personal licence.
Every premises licensed for the sale of alcohol must have someone named as the designated premises supervisor (DPS). The DPS is responsible for the sale of alcohol at licensed premises and has day-to-day responsibility for running the premises. They also act as the main point of contact for any licensing, compliance or enforcement enquiries.
The DPS can also be the premises licence holder. A premises licence can only name one DPS, but a DPS can be named on more than one premises licence.
Plans of the premises
All applications for a premises licence must include a plan of the premises. The plan must be clear and legible in all respects and must show:
- the boundary of the building, including any external and internal walls and, if different, the perimeter of the premises
- points of access to and egress, such as doors
- location of escape routes from the premises
- the area within the premises to be used for each licensable activity
- fixed structures including furniture and temporarily fixed objects, such as seating, which may affect escape routes
- location and height of any stage or raised area relative to the floor
- location of any steps, stairs, elevators or lifts
- location of all toilets
- location and type of any fire safety and other safety equipment
- location of a kitchen, if any, on the premises
You can use a legend to explain the symbols used on the plan.
You can apply for a premises licence in two ways.
Apply online
- Complete the online premises licence application form
- You should save a copy of the completed form for your own records.
- You don't need to send an additional copy to the responsible authorities when you make an online application, as we will fulfil these requirements.
Apply by post
- Print and complete the premises licence application form. keeping a copy of the completed form for your own records.
- Post the completed form to:
Licensing Team
Horsham District Council
Albery House
Springfield Road
Horsham
West Sussex
RH12 2GB
- Send a copy of the completed application to each of the responsible authorities listed.
The fee is based on the non-domestic rateable value of the premises. You must include the correct fee with your application.
You can find details of your non-domestic rateable value on the Valuation Office Agency Website.
Application and annual fees are set out on this GOV.UK webpage: Alcohol licensing fee levels.
There are additional fees for premises licence applications and associated annual fees for exceptionally large-scale events (5,000+) unless certain conditions apply. Please read and refer to Regulation 4(4) and 4(5) of The Licensing Act 2003 (Fees) Regulations 2005.
The council's Planning department and the South Downs National Park Authority (where relevant) are Responsible Authorities under the Licensing Act 2003 and are therefore consulted on applications for new premises licences, and variations of those licences.
The licensing and planning functions are legally separate. Planning is directed at development of land and the use of premises on that land. Licensing is directed at licensable activities and responsible management of premises upon that land, and therefore the two may not come to the same conclusions.
Planning matters will only be considered where they relate to the promotion of the licensing objectives. The relevance of planning matters will be decided on a case-by-case basis. If planning permission is not in place, and a licence is granted, the Premises Licence Holder would be subject to planning enforcement under planning legislation and would not be subject to enforcement under licensing legislation.
Please refer to the council's Statement of Licensing Policy issued under the Licensing Act 2003 which gives more information on this.
Applicants must advertise applications in a local newspaper and ensure a site notice is displayed according to the guidance below. These are statutory requirements.
Local newspaper
The newspaper notice must be published in a local newspaper 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. A copy of the newspaper advertisement should be forwarded to the Licensing team.
Site notices
You must advertise your application at the premises. This notice must be displayed prominently at or on the premises to which the application relates and be affixed for a minimum of 28 days starting on the day after the day on which the application was given to the licensing authority.
- The poster must be displayed where it can be conveniently read by the public.
- The poster must be displayed. It should be equal or larger than A4, of pale blue colour, printed legibly in black ink or typed in black in a font of a size equal to or larger than 16.
If there is a problem with the application, we may contact you for further information or return the application for your attention in order to remedy. Until these problems are resolved your application will not be deemed as valid and the consultation period will not start.
There is a statutory 28-day consultation period during which representations can be made both in support or against an application. If we receive no representations within this timeframe we will grant your application as applied for, subject to the conditions offered in your operating schedule.
What happens if representations are received
Where we receive relevant representations, we will hold a hearing of the council's licensing sub-committee to determine the application (unless all parties agree that a hearing is not necessary). Relevant parties will be informed about the necessary arrangements made for any such hearing.
Applicants for premises licences, transfer of premises and personal licences must demonstrate that they have the right to work in the United Kingdom. They must also not be subject to a condition preventing them from doing work relating to the carrying on of a licensing activity. This applies to individual applicants and applications from partnerships that are not limited liability partnerships.
Right to work and immigration status: Immigration Act 2016
How to prove your right to work
You can prove your right to work in the UK by either providing any of the documents listed on the government's website or by providing a ‘share code’ to enable the Licensing Authority to carry out a check using the Home Office online right to work checking service.