Licensing Applications

• Premises Licensing Applications
• Variation of Premises Licensing Applications

OUR FEES
We charge for our services on a time spent basis with reference to the hours recorded in our time keeping system. The team working on Licensing Application matters will usually consist of a partner and a legal assistant. The team will ensure that the work is done on the most cost efficient basis and the client will be kept up to date with the time spent and cost incurred.

Our fees are estimates, not capped or fixed and the circumstances may result in an estimate being higher or lower depending on matters that emerge during the course of the transaction. We will always advise if particular complications arise which mean that we are likely to exceed our fee estimate.
Our fees will be based on the hourly rates of our Licensing Team which is currently based on the hourly rate of £300.00 (excluding VAT @20%) of the partner; Stanley Okere who deals with all matters of Licencing Applications.

We tailor our service to our client’s needs, from an “advice only” approach to a bespoke personal service. Our “advice only” approach anticipates that we are provided with all necessary documentation and information from our Clients/Applicants in order to complete the requisite application forms. Our bespoke personal service is far more hands-on and can include, for example, personal attendance at the Applicant’s /Client’s business premises or the Local Authority where the Applications are made. Our level of involvement will significantly affect the level of fees we charge.

No applications are exactly the same and our fees will reflect the Client’s /Applicant’s particular circumstances. These variable requirements make it difficult to provide a meaningful estimate before we know the particular circumstances. However, based on our experience, we have set out below examples of typical fee estimates.

This price information is to businesses in relation to applying for a new Premises Licence or to vary a Premises Licence to allow those premises to be used for one or more licensable activities. These Applications are – applications for a premises licence under Section 17 of the Licensing Act 2003 and applications to vary a Premises Licence under Section 34 of the Licensing Act 2003.

• Simple application: £3,000 (based on 10 hours at an hourly rate of £300.00) excluding VAT @ 20%
• Medium complexity: £4,500.00 (based on 15 hours at an hourly rate of £300.00) excluding VAT @ 20%
• High complexity: £6,000 (based on 20 hours at an hourly rate of £300.00). excluding VAT @ 20% The fees set out above cover all of the work in relation to the following key stages of the Application:
  • Taking Applicant/Client’s instructions
  • Advising Applicant/Client as to how they can promote the licensing objectives within their premises licence application
  • Advising on the type of plans required to accompany their application
  • Providing a Designated Premises Supervisor (DPS) consent form for signature by a personal licence holder proposed by Applicant/Client.
  • Completing and submitting the application
  • Disclosing the application to the responsible authorities
  • Making arrangements for the necessary advertising of the application.
  • Attending pre-consultation meetings with the Licensing Authority or Responsible Authorities.
  • Dealing with or advising Applicant/Client in relation to queries or representations received from either the responsible authorities or other interested parties
  • Advising on varying the licence
  • Attendance and representation at a licensing sub-committee hearing of the responsible authority.
  • Checking the licence once granted and correcting any errors with the licensing authority.

A Simple Application in our view would involve the application for a Premises Licence where the premises Map Plan have already been made available. The Applicant has the premises already operating as a ‘permitted use’ by the Local Authority. The Individual Supervisor of the Premises already has his/her personal licence and the Applicant meets with the requirements of the Local Authority’s key licensing objectives for the area where the premises are situated. A simple Variation Application will involve a situation where there is already an existing Premises Licence and the Applicant wishes to change the terms of the current Licence and the changes are clear and acceptable by the residents around the premises. The changes are also in line with the key licensing objectives of the Local Authority for the area.

A Medium Complexity in our view would involve the application for Premises Licence where the premises has not been granted ’permitted use’ status for the use the Premises Licence is being applied for. For instance where the property was previously used as a grocery shop and now wishes to be used as a restaurant. In such instance, the application for change of use from a grocery shop to a restaurant will first be made prior to making application for a Premises Licence. The Application for a change of use may be refused and appeal pending whilst application for Premises Licence is made. A Medium Complex Variation of Licence would involve a change to what may be opposed by some of the relevant authorities within the Local Authority leading to the request for amendments or conditions attached to grant of Premises License.

A Complex Application in our view would include where there is a cumulative impact policy in place, the type and size of the premises, or whether it is in a residential area. There is also high complexity where there are several oppositions to the Licensing Applications especially where it is located at residential area. Where there is strong opposition by the residents resulting to the refusal of issuing of a License by the Local Authority leading to an appeal against the decision.

DISBURSEMENTS
Disbursements are costs related to Clients’ matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on Clients’ behalf to ensure a smoother process.
The Application fee for a Premises Licence is determined based on the rateable value of the premises.
In addition there will be fee for advertisement of the Application with the Local Newspaper of the locality where the premises is situated. The appropriate fee for such advertisement will be determined at the time of instructions. There may also be fees for additional printing additional copies of plans, special delivery etc. which depends on the charges incurred that are not of significant amount.

How long will my application take?
We estimate matters usually take about 15 weeks from receipt of full instructions from Client depending on the Local Authority. This is on the basis of the application being relatively straightforward and Client being able to provide all the necessary documents promptly. If Client’s matter is more complex, for example, if there is substantial opposition from interested parties, or if there is a delay in receiving the documents we need, it may take longer.