This page contains information about the Licensing Act 2003 and provisional statement applications. If you need any help or advice about anything on this page please contact us by telephone or email. Our telephone line is open Monday to Thursday 9am - 5pm and Friday 9am - 4:30pm. You can also offer us feedback on our service by filling out our online customer feedback form.
Provisional Statements (Introduction)
This page is aimed at individuals, businesses or their agents who may need to apply for a provisional statement under the 2003 Licensing Act. Applicants will normally apply for a provisional statement in respect of a premises which is about to be built or altered for the purpose of being used for licensable activities. A provisional statement while not a premises licence is a form of assurance to investors that a premises licence would normally be granted once work is completed.
More information about provisional statements
Where premises are being or are about to be constructed for the purpose of being used for one or more licensable activities, or are being or about to be extended or otherwise altered for that purpose, those funding the project may wish to apply for a provisional statement in order to secure the necessary assurance that a premises licence would normally be granted for the premises when the building work is completed. In this way a provisional statement is not a licence rather it is a form of limited guarantee offering investors some level of assurance so they are able to go head with the project. In order to carry out licensable activities at a property which benefits from a provisional statement a new premises licence would still need to be applied for but representations about the new premises licence by responsible authorities and interested parties would be excluded in certain circumstances as follows:
- the application for a licence is in the same form as the licence described in the provisional statement; and
- the work in the schedule of works has been satisfactorily completed;
- given the information provided in the application for a provisional statement, the responsible authority or interested party could have made the same, or substantially the same, representations about the application then but failed to do so without reasonable excuse; and
- there has been no material change in the circumstances relating either to the premises or to the area in the vicinity of those premises since the provisional statement was made.
Overview of the application process
An application for a provisional statement can be made by an individual or organisation that has an interest in a property. This could be a firm of architects, construction company or a financier. The application needs to include details about the premises, describe the work to be done and the licensable activities that it is planned will take place at the completed premises. Plans should be included. The application must be advertised and copied to responsible authorities in a similar way to the arrangements for applications for premises licences. This includes displaying a blue notice at or on the premises for 28 days and also posting an advert in a local newspaper within ten days of the application being served on the licensing authority. During the notice period responsible authorities and interested parties may make representations. Where no representations are made, a provisional statement must be issued to that effect. Where relevant representations are made, a hearing must be arranged by the licensing authority to consider them.
The fee for a provisional statement is £315. (Cheques should be made payable to Leeds City Council.)
We can also accept payment by all major credit and debit cards at our St George House office. Please visit St George House, Great George Street, Leeds, LS1 3DL and report to our reception on the first floor.
Following the grant of a provisional statement, an applicant will then need to apply for a full premises licence once the work has been completed.
What Next
This gives a brief overview of the application process. If you wish to apply simply download each of the documents available on this page to form a complete application pack.
Alternatively if you would like the documents sending to you in Microsoft Word format so you can fill them out electronically or you would like a hard copy of the application pack sending in the post please contact us and we will be happy to help.
Before you submit your application you should refer to the Licensing Act Regulations to clarify the exact application process. Click on the useful link available on this page. Alternatively if you need any further assistance please contact Entertainment Licensing.