The UK law is constantly changing, making the entertainment and leisure industry a challenging environment for both existing and new enterprises. It is essential to obtain professional legal advice whether you are looking to make an application for a premises licence under Section 17 of the Licensing Act 2003 or applications to vary a licence under Section 34 of the Licensing Act 2003.
Fees – Application for a New Premises Licence
Not all new Premises Licence applications are the same hence our fees vary depending on the complexity of the matter, the amount of time we spend on the application and the seniority of the lawyers working on your case.
Furthermore, the location, size, scale, nature and history of the premises you are seeking to licence all play a part in the fee charged. A guide to the ranges of typical fees charged can be found below.
Standard Application for a New Premises Licence
Legal Fees £850 – £1,000 (plus VAT and disbursements)
A Standard Application would typically be one where:
- Little or no prior consultation is required with responsible authorities/interested parties
- The premises is not situated in a Cumulative Impact Zone or Special Policy Area.
- There is unlikely to be opposition to the application
- The proposed operation is within local authority core hours and is consistent with Local Authority Licensing Policy
- There is no history of problems with enforcement agencies.
In these sorts of cases we can usually fix our legal fees at the onset of the case.
Non-standard Application for a New Premises Licence
Legal Fees £1,200 – £1,600 (plus VAT and disbursements)
A Non – Standard Application would typically be one where:
- Some consultation is required with responsible authorities/interested parties
- The premises may be in a Cumulative Impact Zone or Special Policy Area.
- There may be a history of minor issues with local enforcement agencies or other interested parties
- There may be a need to draft or advise on operating policy documents (such as a dispersal policy or a noise management policy).
- A site visit is required.
- Some opposition to the application may be anticipated.
- The hours sought may be outside of core hours
- The proposed operation may be of a size or complexity so as to make it a ‘non-standard’ application.
In these sorts of cases we can often agree and fix our legal fees at the onset of the case.
Complex Application for a New Premises Licence
Legal Fees £2,000 – £5,000 (plus VAT and disbursements)
A Complex Application would typically be one where:
- The proposed operation may be of a size or complexity so as to make it a ‘Complex Application’.
- The capacity of the premise may be over 500.
- There may be a history of issues or difficulties with enforcement agencies
- More than one site visit will be required
- Additional meetings may be required
- A substantial amount of consultation will be required with responsible authorities or interested parties.
- The premises is in a Cumulative Impact Zone or Special Policy Area.
- The hours sought are outside of core hours.
- The premises or the business is unusual, controversial or novel in some way.
- A number of different licensable activities are being sought
- There is likely to be an impact on the Licensing objectives.
In these sorts of cases it is usual to ask for a sum of money on account and charge our work on an hourly rate rather than fix the fee for the whole case. We provide detailed estimates of our costs at each stage of the case.
Whatever the complexity of the case, our fees always include:
- Taking your instructions over the telephone or at one of our offices.
- Advising you on law and procedure
- Completing a draft application for your approval
- Advising you as to the requirements and content of plans to be submitted to the local authority.
- Advising you as to the fee levels payable to the licensing authority
- Submitting the application to the local authority and responsible authorities
- Providing a Designated Premises Supervisor (DPS) form for completion and signature by the DPS.
- Drafting and thereafter providing you with the formal notices to be displayed at the premises during the consultation period.
- Drafting and arranging for newspaper notices to be published
- Liaising with the licensing authority as to the progress of the application.
- Checking the licence once granted and correcting any errors with the licensing authority
- If the licence is not successfully granted at the conclusion of the consultation period we will advise you on the next steps required in order to prepare your case for a subcommittee hearing.
Fees may also include (depending on the complexity of the case and the fee agreed):
- Attending at the premises
- Negotiating with responsible authorities
- Additional meetings
- Drafting and or advising on policies (such as dispersal policies and noise management policies).
Fees will not include:
Preparing for or representation at a sub-committee hearing. If representations are received and attendance is required at a licensing sub-committee hearing then we will provide a separate fee estimate for this work.
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of some of the disbursements on your behalf to ensure a smoother process.
An application fee is payable to the local authority when applying for a new Premises Licence. This fee can range from between £100 and £1,905 depending largely on the rateable value of the property being licensed. To find out a premises’ non domestic rateable value, go to the Valuation Office Agency site.
|Rateable value||Fee payable|
|Band A – No RV to £4,300||£100.00|
|Band B – £4,301 to £33,000||£190.00|
|Band C – £33,001 to £87000||315.00|
|Band D – £87001 to £12500||£450.00*|
|Band E – £125001 and over||£635.00|
*If the premises rateable value is in Bands D or E and the premises is primarily used for the consumption of alcohol on the premises then you are required to pay a higher fee
|Rateable value||Fee payable|
|Band D – £7001 to £12500||£900.00|
|Band E – £125001 and over||£1,905.00|
There is an exemption from the payment of fees in relation to the provision of regulated entertainment at church halls, chapel halls or premises of a similar nature, village halls, parish or community halls, or other premises of a similar nature. The costs associated with these licences will be met by central Government. If, however, the licence also authorises the use of the premises for the supply of alcohol or the provision of late night refreshment, a fee will be required.
Schools and sixth form colleges are exempt from the fees associated with the authorisation of regulated entertainment only where the entertainment is provided by and at the school or college and for the purposes of the school or college.
Applications for a new Premises Licence are required to be advertised by notice in a local newspaper. The costs vary from paper to paper but we advise that you budget in the region of £300 plus VAT for this expense.
A typical application can take between 1 – 3 weeks to prepare on receipt of full instructions from you. This is on the basis that the application is relatively straightforward and that we have been provided with all the documents required in a timely manner. Where an application is more complex, or if there is substantial opposition from other parties, it may take longer to prepare. We will discuss any changes to timescales with you as appropriate, so you always have a realistic idea of how long your licensing application should take.
Once your application is submitted, it will be subject to a 28 day consultation period. If no objections or ‘representations’ are made during this period, your application will be granted as submitted. In many cases representations are made and we are able to successfully negotiate their withdrawal. These negotiations may add to the length of time taken to grant the application. If representations are made and not withdrawn then the matter will move on to a meeting of the Local Authority Licensing Sub-Committee. These meetings have to take place within 20 working days of the conclusion of the consultation period.