Licence Summary
A premises licence issued under the Licensing Act 2003 allows a premises to sell alcohol, provide regulated entertainment or serve late night refreshment.
If a new business owner is not in a position to apply for a premises licence, for example if the premises is not built yet, they can apply for a provisional statement. 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.
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.
Eligibility Criteria
Applicants must not be under 18 years of age.
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.
Regulation Summary
DCMS webpage on the Licensing Act 2003
Application Evaluation Process
Applications must be sent to the licensing authority for the area where the premises are located.
Applications must be in a specific format and be accompanied by the fee and a plan of the premises.
Applicants will be required to advertise their application and to give notice of the application to any other person or responsible body, e.g. the local authority, chief police officer or fire and rescue authority.
Further information on applying for a provisional statement can be found in the Guidance Notes on this page.
If representations are received objecting to the application a hearing must be held. The outcome of this hearing would be that the provisional statement 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 (i.e. representations that were not deemed frivolous or vexatious) and the chief of police.
Will Tacit Consent Apply?
Tacit consent applies to a provisional statement application if no relevant representations are made during a period of 28 days from the day after the application is received by the Licensing Authority. This target date is known as the ‘last date for representation’. The application will be deemed granted after the last date for representation.
If relevant representations are made within the 28 day consultation period tacit consent does not apply and a public hearing must be held to determine your application. The public hearing will be held within 20 working days after the last date for representation. The hearing date may be extended if the Licensing Authority considers it is in the public interest to do so.
Target Completion Period
If there are no representations to the application, the licence will be granted 29 days from that day the Licensing Authority received the application.
If there are representations, the application will go before a Licensing Sub-Committee and a decision will be made at the hearing.
Forms to download, print and post
Should you wish to apply by post, you can download the following PDF forms from this page that you can complete and post to us:
- GN-D – Guidance Note on Responsible Authority Addresses
- PREM6 Application Form for a premises licence
Forms to download and email
If you would prefer to be sent application forms by email that you can type directly onto, please contact us. We can accept payment by phone.
Apply online
Apply for a provisional statement
Redress
Please contact Leeds City Council in the first instance.
Members of the public who are experiencing problems with licensed premises may wish to read Guidance on Problem Premises.
Public Registers or databases
Leeds City Council holds public registers of premises licence applications which can be accessed through the Public Access Portal.
Trade Associations
Association of Licensed Multiple Retailers (ALMR)
Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
Federation of Licensed Victuallers Associations (FLVA)
Institute of Entertainment and Arts Professionals (IEAP)
Use of personal data
Leeds City Council is under a duty to protect the public funds it administers, and to this end may use the information you have provided on your application for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.