Provisional statements and planning issues
You can apply for a provisional statement if your premises hasn't been built yet, or if it's being extended or altered for the purpose of being used for licensable activities and you want to know whether or not a premises licence would be granted for the premises.
When you need to apply
You will usually only need to apply for a provisional statement if you don't have one or more of the following:
- A clear plan of the proposed structure
- The activities to take place and timings of such activities
- The premises opening hours
- Dates (if the licence is only required for a limited period)
- The steps to be taken that promote the licensing objectives
- A designated premises supervisor (DPS) if the sale of alcohol is involved
If you already have all of the above information, you can apply outright for a premises licence even if the premises has not been built yet.
Who can apply?
You can only apply for a provisional statement if:
- You have an interest in the premises
- You are applying as an individual and you are aged 18 or over
Fees and how to apply
The fee is £315.
Alternatively, we can send you an application form to apply for a provisional statement: Contact Licensing
If you apply for a provisional statement, this will give responsible authorities and other individuals the chance to make representations about the application.
If representations are received, the application will be heard by the licensing sub-committee. They will then decide whether, if the premises were built as proposed and if a premises licence was applied for, they would consider it appropriate to:
- Attach conditions to the licence
- Rule out any of the activities applied for
- Refuse to specify the named person as designated premises supervisor
- Reject the application
You will then be sent a provisional statement giving details of the decision. This can be useful if investors want some assurance before providing funds.
Following the issue of a provisional statement the premises can't be used for any of the licensable activities until a premises licence has been granted. You will need to apply for a premises licence once you have all of the necessary information.
What will happen when I apply for a premises licence?
If a provisional statement has already been given you will still need to apply for a premises licence. However, when you apply for a premises licence, representations will be excluded if:
- The application is in the same form as the licence described in the provisional statement
- The work in the schedule of works has been completed satisfactorily
- Given the information provided in the application, the person making a representation could have made the same representation at the time the provisional statement was applied for but failed to do so (without reasonable excuse)
- There has been no material change in the circumstances relating to either the premises or the area in the proximity of the premises since the provisional statement was made
The use of any licensed premises is subject to strict planning controls. There are several key differences between licensing and planning control. The most significant is that planning is concerned with how land is used, whereas licensing is concerned with ensuring that public safety in its widest sense is protected. All applicants should contact the Planning Service and check the use class of the premises and the hours of operation granted by the planning authority prior to making an application for a premises licence.
Last updated: 11/05/2022 15:22