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Any premises or land that holds licensable activities on a
regular basis to the public must apply for a Premises
Licence. If you only hold limited activities you maybe
able to apply for a Temporary Event
A Premises Licence is granted for the life of the
premises, until it changes its use or is revoked.
Licensable Activities for a Premises Licence
Who can apply?
Any of the following may apply:
- Anyone who carries on a business in the
premises to which the application relates (individual, partnership,
freeholder, leaseholder or holding company);
- A recognised club;
- A charity;
- A health service body;
- A person who is registered under the Care
Standards Act 2000 in relation to an independent hospital;
- A chief police officer of a force in
England and Wales;
- Any discharging a statutory or function
under Her Majesty’s prerogative;
- A person from an educational
- Any other permitted person;
Applicants must be over the age of 18 years
Making an application
Apply for a new premises licence.
Apply for a variation of an existing
Apply for a minor variation of an
existing premises licence.
All applications are based on the four licensing objectives:
- the prevention of crime and disorder;
- public safety;
- the prevention of public nuisance;
- the protection of children from harm.
What is defined as Premises and Land
Please make sure that the premises, land, temporary structure,
vessel, vehicles, train or aircraft have the necessary permission
to be used as licensed premises.
The use of any licensed places or premises is subject to
planning controls. There are several key
differences between licensing and planning control.
Licensing is concerned with the fitness of the
operator and detailed issues concerning the operation and
management of the premises that are not addressed by the planning
process, which relates to the use of the premises.
It will be expected in general that the grant
or variation of planning permission would be resolved before a
licence application is made. The licensing committee may
refuse to grant a licence following representations from the local
planning authority if the:
- Activity sought to be licensed would amount
to an unlawful use of the premises
- Hours being sought exceed those authorised by
any planning permission
It will be for the applicant to demonstrate
any special circumstances to justify a departure from this policy
in the face of representations from the local planning
Despite the fact that more than one licence may be granted for a
parcel of land or that a temporary event notice may be served for
land, most operators of licensable activities are expected to abide
by the law of trespass and will not seek to use public land without
If the land is owned by Medway Council you will need to seek
written permission prior to applying for a licence as the location
may already be licensed. If the land is owned for example a
farmer then you will need to seek written permission to use the
site for licensable activities.
Open land, temporary structures (marquees) and streets form part
of land. You must clearly state the location of where you
wish licensable activities are to take place for example road
names, the field between the roads City Way and New Road, the size
of the area you wish to use for licensable activities for example
you may have a 3 acre field but only wish to use a small area in
the top right of the field you will need to explain the exact
locations (from the river to the public walkway).
You can licence a temporary structure but the plan must show the
exact location of where the structure will be positioned and the
size of the structure.
Temporary structures may include marquees, beer tents and mobile
Internet and mail order sales
In considering applications for a Premises Licence involving
internet or mail order sales, the place from which the alcohol is
sent will require the licence: that is, the location of the stock.
This means, for example, that a call centre would not be the
premises to be licensed, but the warehouse from which alcohol is
Where a Premises Licence is sought in connection with a boat or
ship, the primary focus will be on the licensable activities and
not the safe navigation of the vessel. This is covered under
separate legislation. The Maritime and Coastguard Agency will be
consulted on all applications.
Where a Premises Licence is sought in connection with the sale
of alcohol from a vehicle that is parked or stationary, such as a
mobile bar providing alcohol or hot refreshment, the application
will be considered in relation to the place where the sales are to
Trains and aircraft
Railway vehicles and aircraft on journeys are exempt from the
licensing regime. However, defunct aircraft and railway carriages
used or converted as restaurants and bars that remain in a fixed
position will require a Premises Licence.
Please note that the information above is not legal advice.
Legislation and procedures may change over time and the advice
given is based on the information available at the current time. It
is not necessarily comprehensive and will be subject to revision in
the event of further government guidance and regulations. This
advice is not intended to be a definitive guide to or substitute
for the relevant law.
The council is happy to provide information but cannot give
advice on individual applications. Please seek legal and
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