Premises licence

Licence summary

To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales.

Eligibility criteria

Any of the following may apply for a premises licence:

Anyone who uses carries on a business in the premises to which the application relates
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
Anyone discharging a statutory or function under Her Majesty's prerogative
A person from an educational institute
Any other permitted person

Applicants must not be under 18 years of age.

Regulation summary

A summary of the eligibility criteria for this licence

Licensing policy

Before making and application you are advised to read our Licensing policy.

Provisional statement

View how to apply for a provisional statement.

Application evaluation process

Applications must be sent to the licensing authority for the area where the premises are located. If the premises extend over more than one licensing authority area the application must be made to the licensing authority in which the majority of the premises are situated.

Applications must be in a specific format and be accompanied by the required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).

The operating schedule will include details of:

The licensable activities
The times when the activities will take place
Any other times when the premises will be open to the public
In the case of applicants who wish to have a limited licence, the period the licence is required for
Information in respect of the premises supervisor
Whether any alcohol that is to be sold is for consumption on or of the premises or both
The steps proposed to be taken to promote the licensing objectives
Any other required information

Officers and the sub-committee may attach conditions to the licence. We have a list of pool conditions that may be used to form these conditions. You may wish to consider these when completing the application operating schedule.

You should be aware that what you write in your operating schedule will be used to produce conditions that will be attached to your licence. With this in mind, you should make sure that the steps you are suggesting are realistic and within your control. If a licence is granted with conditions attached requiring the implementation of such steps, the conditions will be enforceable in law and it will be a criminal offence to fail to comply with them.

Before completing your operating schedule you are strongly advised to read our Licensing Policy, which gives clear guidance on our policies and expectations.

The application must include a plan of the premises in the prescribed form.

Applicants will be required to advertise their application prominently at or on the premises by way of a notice of at least A4 size on light blue paper where it can be read from the exterior and by publication in a local newspaper circulating in the area of the premises.

Application evaluation documents:

Applicants must give notice of their application to the responsible authorities, for example: Environmental Health, Chief of Police.

The licensing authority must grant the application, which can be subject to conditions if there are no relevant representations. A hearing must be held if any relevant representations are made in respect of the application, unless they are withdrawn. If a hearing is held the licence can be granted or granted subject to conditions, licensable activities listed in the application can be excluded or the application can be refused.

The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (in other words, representations that were not deemed frivolous or vexatious) and the chief of police.

Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.

Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.

Will tacit consent apply?

Tacit consent applies to a Premises Licence application if no relevant representations are made during a period of 28 days after the notice has been put on the premises. This target date is known as the ‘last date for representation’. The application will be deemed to have been granted the day after the last date for representation. You will be sent your licence within 15 working days of the grant.

If relevant representations are made within the 28 day advertising 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.

Apply online

We offer pre-application advice to support applicants who are considering making an application for a licence.

Read the instructions for online applicants.

Apply by post

You are still able to apply by post. Application forms can be found on GOV.UK. You will need to send copies of your application to the Responsible Authorities. The application evaluation process detailed above applies. If you would prefer to apply by post and would like an application pack, then please contact the Licensing Team on 020 8545 3969 or by email on licensing@merton.gov.uk.

Failed application redress

Please contact the Licensing team in the first instance.

If an application for a licence is refused the failed applicant can appeal.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Licence holder redress

Please contact the Licensing team in the first instance.

If an application is made by the Chief of Police, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations.

A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor.

Appeals are made within 21 days of notice of the decision. Richmond Magistrates Court has now closed, and applications for appeals should be made to Lavender Hill Magistrates Court, 176a Lavender Hill, London SW11 1JU. The telephone number for the Court is 020 7805 1445.

Consumer complaint

An interested party or responsible authority that made relevant representations may appeal to the Richmond Magistrates Court against the decision of the licensing authority.

An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

Other redress

The Chief of Police for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.

A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.

An interested party or responsible authority may make representations in relation to a licence application or review hearing. An interested party or responsible authority may apply to the licensing authority to review a premises licence. A hearing will be held by the licensing authority.

A chief police officer may make representations to the licensing authority for a review of a licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.

An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

Trade associations

Contact the Licensing Team

If you have any questions or comments please contact the Licensing Team:

Licensing
Regulatory Services Partnership
Merton Civic Centre
London Road
Morden
SM4 5DX

Telephone: 020 8545 3969
Fax: 020 8891 7713
Email: licensing@merton.gov.uk

Up to: Licences and street trading

Updated: 18 November 2024

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