Licensing FAQs

I am thinking of buying a pub. Do I simply need to fill in some forms to obtain a licence?

 
No, assuming the premises have the benefit of a current licence you will need to make application for transfer of the licence into your name. The application has to be made to the Licensing Justices sitting at the Magistrates Court that covers the area in which the premises are located.
Licensing Justices consider applications for transfer at special transfer sessions normally held monthly. You will need to serve the application at least 21 clear days before the hearing at which your application for transfer will be considered. The application will need to be served upon the specific authorities, including the Police and the Fire Authority.
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Does there always have to be a Court hearing when an application for transfer is made and will I need to attend?

 
Yes, the Licensing Justices will not grant transfer of a licence or in fact grant a new licence to simply anybody. They will need to be satisfied that the applicant is a "fit and proper" person to hold a licence.
When considering whether or not an applicant is a "fit and proper" person the Licensing Justices will take into account various matters, including the applicants' experience, knowledge of licensing law and previous convictions, if any. Most Licensing Justices now insist that applicants obtain formal licensing qualifications, for example, the National Licensees' Certificate. Normally applicants are interviewed by the Police prior to the transfer hearing.
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My wife and I have just purchased a pub, what hours are we allowed to open?

 
Generally speaking and assuming that your pub does not have the benefit of any permanent extensions (see question 5), for premises that have the benefit of an on licence such as all pubs, the permitted opening hours are as follows:
  • Weekdays, including Saturdays, between 11am and 11pm.
  • Sundays and Good Friday between 12noon - 10.30pm
  • Christmas Day 12 noon - 3pm and from 7.00pm - 10.30pm.
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I own a corner shop which has the benefit of an off licence. We want to increase the shop's opening hours, we want to open for 24 hours. Are we allowed to sell alcohol at all times?

 
No. The permitted hours for off licences are as follows:
  • Weekdays, including Saturdays from 8am - 11pm.
  • Sundays - alcohol is permitted to be served from 10am - 10.30pm.
  • Good Friday - permitted hours are from 8am - 10.30pm.
  • Christmas Day from 12 noon - 3pm and 7pm- 10.30pm.
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I am a Publican and recently obtained an extension to hold a 21st Birthday party at my pub. The extension was until 1am and it was very successful. Can I now apply for a permanent extension?

 
A permanent extension can be obtained by securing a special licence known as a Special Hour Certificate. This is the licence that allows night clubs to operate lawfully, ie open beyond the normal permitted hours (please see question 3). However there are a number of pre-requisites before a Special Hour Certificate will be granted;
  • The licensed premises have to have the benefit of a public entertainment licence.
  • The sale of alcohol has to be ancillary to music and dancing.
  • The sale of alcohol also has to be ancillary to the provision of substantial refreshment.
Therefore, an ordinary pub will not normally be able to satisfy the above criteria and therefore obtain a permanent extension.
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I run a pub and a local couple have asked me to do the reception and disco for their daughter who is getting married. They want the disco to finish at 1am. Can I serve alcohol until that time?

 
Assuming that your premises do not have the benefit of a Special Hours Certificate (please see question 5) you will not be able to serve alcohol beyond the permitted hour of 11pm. However, you could apply to your local Magistrates Court for an order known as a Special Order of Exemption. If granted, this would allow a one off extension for a specific event.
However, you would need to convince the Court that the occasion was "special" in that it either had national significance such as Christmas or local or private significance such as a 21st birthday party or a wedding. The question as to whether or not an occasion is "special" is at the absolute discretion of the Justices as is the terms and conditions of any extension granted.
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I wish to totally alter the layout to my pub/restaurant, surely I do not need to inform anyone before I carry out the work?

 
Wrong. Any extension or alteration that affects the licensed area in terms of supervision, changes the entrance to the licensed premises or increases the drinking area, should not be carried out without prior consent of the Licensing Justices.
 
A simple application to Court is required. If prior consent is not obtained to any alterations or extensions then the Licensing Justices may order the premises to be returned to their state before the works were carried out.
It is also important to remember to obtain planning permission or building regulations consent before any changes are made.
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I have recently bought a hotel and the licence has been transferred to me. Is there any notice I am required to display on the premises confirming that I am the new licensee?

 
Yes, premises that have the benefit of a licence for the sale of alcohol must have displayed in a conspicuous place, for example, over the main door, a notice. Such notice should confirm the full names of all the licensees, the type of trade, the type of liquor licensed for sale and also whether or not the consumption of alcohol is to be on or off the premises.
 
Furthermore, if the premises have the benefit of a Special Hours Certificate or other licence extending the normal permitted hours, for example, a certificate known as a Supper Hours Certificate, or an extended hours order, then a notice must also be displayed giving relevant details of the extension.
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I am the secretary of the local Women's Institute and wish to sell alcohol at our annual dinner dance. Do I need a licence and if so, how do I obtain one?

 
Yes, a licence is required. There are two methods of securing a one off licence in order to permit alcohol to be served lawfully at the event. Firstly, you could contact a friendly local publican who already holds a licence. An application will then be made by that licensee for an occasional licence which if granted would permit the licensee to sell alcohol at premises other than his own, e.g. at the community hall or school where your event is to be held.
 
Alternatively, an officer of an appropriate organisation can themselves apply for what is known as an Occasional Permission, ie to hold a function which generally has to be for a charitable purpose, to be held by a non profit making organisation and not for private gain. The application would have to be made to the local Licensing Justices and an appearance at Court would normally be necessary.
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I run a bar and although I know I am not permitted to sell to under 18's can I allow children into my premises, for example, with their parents?

 
Generally, there is no difficulty allowing children over the age of 14 to enter licensed premises. However, children under the age of 14 are not allowed to enter a bar whether with an adult or otherwise. An application can be made to the Licensing Justices for a Children's Certificate which allows children under 14 entry to a certified area provided that the child is accompanied by an adult.
 
However, before a Children's Certificate is granted the Court must be satisfied that the premises are a suitable environment for children under 14. Also meals and beverages other than alcohol must always be available throughout the hours the certificate is in force. Most Licensing Committees have tended to impose onerous conditions when granting Children's Certificates which have included the following:
  • No smoking in the certified area
  • The provision of adequate baby changing facilities and the provision of high chairs
  • The provision of various safety measures, including electrical sockets are required to have safety covers
  • Children are only permitted within the area covered by the Children's Certificate up until 9pm
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I have recently bought a building and I am considering turning it into a pub and restaurant. However, I do not want to run the risk of spending thousands of pounds converting the property if I am not going to get a licence. Is there anything I can do?

 
Yes, application can be made to Court for a provisional grant of a licence. This is effectively an application to the Court indicating that you intend to use the building as licensed premises. The application will need to be supported by substantial plans showing the intended use of the premises, including the area that is to be licensed. If the provisional grant is made the works must be carried out in accordance with the submitted plans. However, it is important to remember that you cannot sell alcohol from the premises unless or until final permission is granted. Therefore, after the works have been completed, but before the premises are open, a further application to Court will have to be made. Essentially, at the hearing of the final grant application the applicant will tell the Court that the works have been completed in accordance with the provisional grant and if the Licence Committee is satisfied that that is the case, then a final grant will be made confirming the premises may then open.
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I am a licensee, but am very frustrated that I am unable to develop my business because of the restricted opening and closing hours. Is it likely that there will be any future changes to the current licensing laws?

 
Yes. It is widely thought that England's licensing laws are the most restrictive in Europe. The current regulations stem back to the First World War and are thought to be totally outdated. In April last year the Government announced radical plans for reform.
The most important, from a licensee's point of view, is that if the proposals become law, pubs will be allowed to open for 24 hours a day seven days a week. The reforms are currently being debated and may become law within the next year to 18 months.
 
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