If you run any of the following establishments, you will probably need a Premises Licence:
If alcohol is involved, someone will have to hold a Personal Licence, in order to 'switch on' the Premises Licence.
Only holders of a Personal Licence can authorise other people to sell alcohol at a bar or checkout.
Swindon Borough Council issues both types of licence.
Anyone over the age of 18 will automatically get a Personal Licence upon application, provided that they have the right training and a clear police check.
Some convictions can be taken into account but only the Police are allowed to comment.
They do not have a veto but they can call for a hearing, where a decision will be made. If they are unhappy with the result, either the Police or the applicant can appeal to the Magistrates' Court.
Personal Licences are valid for 10 years.
Some clubs qualify for a slightly simpler alternative to the Premises Licence - a Club Premises Certificate for which there is no need for anyone to hold a Personal Licence. These include:
A Club Premises Certificate looks very much like a Premises Licence and the procedure and cost of getting one is basically the same.
Clubs can choose to apply for an ordinary Premises Licence instead if they prefer.
This is another name for an advance application for a Premises Licence - used for an empty building site or somewhere which is about to undergo a major upgrade.
The mechanism is cumbersome, still leaves uncertainty and doubles the cost, so almost all applicants apply for a normal Premises Licence.
Every three years Swindon Borough Council updates its licensing policy (called a Licensing Statement).
For most of the time it has no relevance because it is only consulted if an application gets as far as a licensing hearing. If there are no comments on an application or any issues are ironed out by general agreement, a hearing will not take place. In practice, hearings are quite rare.
The Licensing Statement is available as a downloadable PDF file:
Licensing Statement - Licensing Act 2003 (217Kb)
The full Licensing Committee only meets to discuss policy issues. Where hearings take place, they involve three councillors who listen to what everyone has to say and then make a decision. Full details are explained to everyone who is invited to attend a hearing.
These are officially known as 'representations'. Actually, a letter in support of an application is also a representation.
Not everyone is allowed to comment. Aside from the obvious invitations to the Police, Fire Brigade, Trading Standards, Noise Team, etc, the right to comment is limited to people who live close enough to be affected by a commotion or loud music at the venue or businesses which are similarly close.
Noise or disturbance caused by customers from the venue as they head home is a separate Police matter. It is not enough on its own to challenge a Premises Licence.
Organisations, but not individual people, have the right to speak out on behalf of residents or businesses.
Most licensing information is freely available - e.g. if you want to know what hours a pub is allowed to open, or which company runs it, we can provide that information.
Please contact us by e-mail at licensing@swindon.gov.uk.
Or by telephone 01793 445500 (Monday to Friday 8am to 8pm: Saturday 9am to 1pm).
Premises Licences are not valid for the sale of alcohol unless a Personal Licence holder has their name recorded in the box marked 'Designated Premises Supervisor'.
This description is rather misleading as that person is actually under no obligation to supervise anything. At most, they just need to be contactable, but at least one Personal Licence holder must be involved to some extent.
Nobody can sell alcohol under a licence unless they are a Personal Licence holder or have been nominated to serve by a Personal Licence holder. If the event of any problem, the person who authorised the seller may be prosecuted if they have acted carelessly. The Designated Premises Supervisor may not be involved in that at all, although most are.
Any person who can comment on a Premises Licence application can also call it in at any time after it is issued, so that a hearing can look into any problems which have been reported. This is a serious matter, so trivial or spiteful comments will not normally count and there must be some sort of evidence to support looking at a licence again.
In serious cases, licences can be suspended for up to three months or even be taken away.
A short version of every Premises Licence or Club Premises Certificate must be displayed on the premises.
Charity lotteries can have alcohol as prizes, without any form of licence. There is a special condition though. If one of the prizes is alcohol, none of the prizes can be in cash – not even £1.
All fees are fixed by the Government.
The fees for Premises Licences are dependent upon the rateable value of the building, which can be checked on the Valuation Office website (www.voa.gov.uk).
| Valuation | Fee |
|---|---|
| Up to £4,300 | £100 |
| Up to £33,000 | £190 |
| Up to £87,000 | £315 |
| Up to £125,000 | £450 |
| Above £125,000 | £635 |
These fees have not changed since their introduction in 2005.
If the premises aren't listed, a default fee of £100 applies.
The fee for a Personal Licence is £37. But the cost of a Basic Disclosure (see www.disclosurescotland.co.uk for details) and the cost of training can round up the cost to around £220.
Be wary of organisations which offer a more expensive package which allegedly includes employment offers.
Please bear in mind that premise licence applications must be advertised in a local newspaper, which can typically cost over £200.
There is no special form. A simple letter is enough. The replacement fee is £10.50.
Please note, it is an offence not to notify loss of a Personal Licence to the Police.
Application forms are available as downloadable PDF files:
Premises Application Form (698Kb)
Premises Application Variation Form (543Kb)
Accessibility Guideline Notes
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