Right to work in UK
From 6 April 2017 if you are applying for a premises licence you must have the right to work in the UK. Evidence of this must be supplied with the application. If you fail to provide then necessary evidence we will have to reject your application. Please read the guidance notes for entitlement to work for individual applicants.
To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from us.
Business and Planning Act 2020 Temporary Off-Sales Extension
The provisions in the Act temporarily modify the Licensing Act 2003 to provide an automatic extension to the terms of most premises licences which only permit the sale of alcohol for consumption on the premises to allow the sale of alcohol for consumption off the premises.
The new off-sales permission will permit off-sales to be made at a time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier.
Measures also temporarily suspend existing licence conditions on premises already licensed for both on and off sales of alcohol which restrict off sales to an earlier closing time than the permitted hours for on-sales, prevent off sales of alcohol in an open container, or prevent off sales by way of deliveries to buildings used for residential or work purposes.
Please read the guidance on the new temporary off-sales permissions. You should notify Hammersmith & Fulham Council of your intention to start making off-sales at email@example.com. You also need to prepare a statement under the new permission. If you are making use of the new temporary permission for off-sales, you must prepare a statement which must be clear that off-sales are authorised under section 172F(2), subject to the requirement that the premises must be open for the sale of alcohol on the premises. If you have a premises already licenced for on and off sales and are relying on any of the temporary conditions in section 172F(5), the statement must also list them. You can download and print out these templates for your statement.
- Statement for temporarily modifying conditions relating to off sales of alcohol (pdf)
- Statement for providing off sales (pdf)
The statement must be kept on the premises or under the control of the licence holder or a person who works at the premises who has been nominated by the holder of the licence for this purpose. A copy of the section 172F statement must be prominently displayed at the premises alongside the summary of your premises licence.
Alcohol Wholesalers Registration Scheme
On 1 April 2017 it became a requirement that anyone purchasing alcohol wholesale is required to check that the wholesaler they are buying from is approved on the Alcohol Wholesaler’s Registration Scheme (AWRS) operated by HM Revenue and Customs. The following leaflet gives giving further details about the scheme.
You can check your UK wholesaler is AWRS approved by using the alcohol wholesalers register online. You will need your wholesalers unique reference number (URN), which should be displayed on their invoice. Speak to your wholesaler if you can’t find their URN. Once you find your wholesaler on the register, keep a record of your check by printing off or saving the page to confirm that they are approved. HMRC may ask you for those details at a later date.
If you are unable to find your wholesaler on the register, tell them that they need to contact HMRC for approval. You should not buy alcohol from them and should notify HMRC by searching for Customs, Excise and VAT fraud reporting on GOV.UK. Any business found buying alcohol from a non-registered UK wholesaler could have their alcohol stock seized, be fined or even prosecuted. Further guidance is also available on the GOV.UK website.
Certain types of entertainment have now been de-regulated where specific criteria are met and where the entertainment takes place between the hours of 8am and 11pm. For more information please see the Regulated Entertainment Deregulation details below or contact the licensing team for further advice if you are unsure whether you need a licence for entertainment.
Terrorism (Protection of Premises) Draft Bill- Martyn’s Law
Information for businesses on the impact of Terrorism (Protection of Premises) Draft Bill, also known as Martyn’s Law, that is expected to come into legislation soon.
Guidance on the impact of Terrorism (Protection of Premises) Draft Bill
Martyn's Law Introduction
Martyn Hett was a victim of the Manchester Arena bombing on 22 May 2017. As a result of his mother advocating for better security in public spaces, a new Terrorism (Protection of Premises) Draft Bill is being debated. This bill is also known, and referred to in this guide, as Martyn’s Law.
Who will it apply to:
Martyn’s Law will apply to qualifying premises which are accessible to the public. Premises which are used primarily to provide entertainment and leisure. Premises used to provide food and drink. Museums and galleries, sports grounds. Public areas of local and central government buildings. Visitor attractions, temporary events, places of worship, health and education.
Premises will include buildings and permanent outdoor premises which have a physical boundary.
Limited exclusions and exemptions
This includes locations where transport security regulations already apply. Locations that are permanently closed or have been vacant for a period of time. Locations with large floor space and low occupancy in practice (e.g. warehouses and storage facilities). Offices and private residential locations.
How will it work:
The bill will establish a tiered model, linked to the activity that takes place at a premise or event and its capacity.
In light of possible future attacks, Martyn’s Law aims to improve public security by reducing the risk of terrorism to public premises and events. It will also ensure that robust, proportionate, and consistent measures are in place at public venues. It will assist premises operators to be more prepared.
A standard tier: Applies to qualifying premises with a maximum capacity of 100 or more individuals. Responsible persons will be required to undertake simple, yet effective, activities to improve protective security and preparedness.
An enhanced tier : Applies to premises and events with a capacity of 800 or more individuals. Additional requirements will be placed on high-capacity venues in recognition of the potential catastrophic consequences of a successful attack.
The legislation will ensure responsible persons are prepared, ready to respond and know what to do in the event of an attack. Better protection will be delivered through enhanced security systems, staff training, and clearer processes.
Standard tier premises requirements
Persons responsible for standard tier premises will be required to undertake low-cost and effective activities which seek to improve protective security and preparedness. This includes:
- ensuring that relevant workers are given appropriate terrorism protection training and
- undertaking a standard terrorism evaluation in which they consider how best their premises can respond in the event of a terrorist event
Enhanced tier premises and qualifying events requirements
Persons responsible for enhanced tier premises and qualifying events will be required to ensure that:
- an enhanced terrorism risk assessment is completed (enhanced duty premises must ensure the terrorism risk assessment is reviewed)
- ensuring that relevant workers are given appropriate terrorism protection training
- reasonably practicable security measures are put in place
- a security plan is kept and maintained and
- that an individual is appointed as the designated senior officer for the premises (who will be responsible for coordinating completion of the terrorism risk assessment, for example)
What to consider:
1. That all staff on-duty at the premises, including all door supervisors, and all on-duty managers have completed Action Counters Terrorism (ACT) Awareness e-learning training. More information in the link below.
2. Within 28 days of a new Designated Premises Supervisor being named on the licence, that they be registered to attend the Action Counters Terrorism (ACT) Awareness e-learning course.
3. Keep a documented security assessment, which incorporates counter terrorism measures for the premises. Routinely review the assessment and have an immediate review after the elevation of the change of the national threat level. All reviews will be documented.
4. Within 28 days of a grant, variation or transfer of the licence, the premises licence holder evaluates any risks identified through the security assessment and take prompt steps to eliminate or reduce the risk as far as is reasonably practicable.
5. A documented record be maintained of any remedial action implemented and made available upon request to any police officer or an authorised officer of Hammersmith and Fulham Council.
6. A documented security plan, which sets out counter measures to be implemented in response to a terrorist attack that incorporates the principles of ‘Guide’, Shelter’ and ‘Communicate’ as appropriate in conjunction with relevant National Counter Terrorism Security Office (NACTSO) / Centre for the Protection of National Infrastructure (CPNI) guidance, and the purposes of those procedures and the necessity of following them must be understood by those carrying them out:
Guide – Direct people towards the most appropriate location (invacuating, evacuation, hide)
Shelter – Understand how your place or space might be able to lock-down and shelter people within it for several hours.
Communicate – Have a means of communicating effectively and promptly with users of your place and have staff capable of giving clear instructions. Also have the capability of integrating with any response or rescue operation by providing things like building plans.
You can find further information here:
Pre-application advice service
We offer a pre-application advice service to support your licensing application made under the Licensing Act 2003. The aim is to help you to mitigate any problems which may arise during the application process. However, our advice cannot prejudge the outcome of the licensing application, especially if representations are received and a hearing takes place before the Licensing Sub-Committee. For further details and a request form please see licensing pre-application advice.
Any of the following may apply for a premises licence:
- anyone who 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 duty 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.
Licensing Act 2003 Regulations
View a summary of the regulations about this licence on GOV.UK.
Application evaluation process
Applications must be in a specific format and be accompanied by the required fee, plans (if applicable) and any other relevant information. Please see the schedule of fees for further details. Application fees are non-refundable in the event that an application is withdrawn or rejected.
If your application is for the grant of a new licence, or the variation of an existing licence, you will also need to provide an operating schedule which is included within the application form.
An 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.
Applicants may be required to advertise their application and to give notice of the application to any other person or responsible body, for example to us, the chief police officer or Fire and Rescue Authority. Please see the guidance notes below for further details of the advertising and notification requirements for particular applications and templates for the public notices.
If no representations are received the licensing authority must grant the application, which can be subject to conditions. A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded, or the application can be rejected.
The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (i.e. representations that were not deemed frivolous or vexatious) and the chief of police.
Other applications that can be made are applications for transfer, or an interim authority notice following the death, incapacity or insolvency of a licence holder or for the review of a licence.
Will tacit consent apply?
Yes – If the application is made online and is unopposed at the end of the consultation period* This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period. Our target completion periods for Licensing Act 2003 premises licence applications are listed below:
- new, provisional and full variation applications - 40 days
- all other application types* - 30 days
*Minor variation applications cannot be given tacit authorisation as by law they are automatically refused if the authority has not determined the application after 15 working days from receipt.
- Online application for the Grant of a Licence
- Online application for a Provisional Statement
- Online application to Vary the Designated Premises Supervisor
- Online application for a Full Variation of a Premises Licence
- Online application for Minor Variation
- Online application for Community Premises for the disapplication of the mandatory alcohol condition
- Online application for Transfer
- Consent of individual to being specified as the Premises Supervisor (pdf 108KB) (Please print this form, fill it in and then upload it)
- Consent of premises licence holder to transfer (pdf 108KB) (Please print this form, fill it in and then upload it)
- Online Interim Authority Notice
- Online notification of an Interest
- Online request to be removed as the designated premises supervisor
- Online notification of change of name or address of a licensee
- Surrender of a Premises Licence (pdf 164KB) (Please print this form, fill it in and then send via email)
Apply by post
At present we encourage all applicants to make electronic applications, please contact the Licensing Team on 020 8753 1081 or firstname.lastname@example.org if you need assistance.
Guidance notes, notices and fees
- Responsible authorities for applications made under the Licensing Act 2003
- Guidance for applicants – Grant of new premises licence (pdf 81KB)
- Guidance for applicants – Full variation of premises licence (pdf 44KB)
- Guidance for applicants - Minor variation of premises licence (pdf 82KB)
- Guidance for applicants - DPS variation of premises licence (pdf 65KB)
- Guidance for applicants - Transfer of premises licence (pdf 126KB)
- Guidance for applicants - Site Plan Requirements
- Window Notice (other than Minor Variations) (pdf 65KB)
- Window Notice Minor Variations (pdf 65KB)
- Newspaper advertisement (word 146KB)
- Licensing and pre-application advice fees (pdf 187KB)
- Local pool of licence conditions
Failed application redress
If an application for a licence is refused you can appeal to Westminster Magistrates' Court, 181 Marylebone Road, London, NW1 5BR within 21 days of notice of the decision.
Licence holder redress
You can 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 must be made to Westminster Magistrates' Court, 181 Marylebone Road, London, NW1 5BR within 21 days of notice of the decision.
A responsible authority or any other person who is affected by the premises may make representations in relation to an application for a provisional statement, or for the grant, variation or review of a licence.
Any person or responsible authority who has made relevant representations may appeal against the granting of a licence or against any condition, variation or licensable activity decisions.
Appeals must be made to Westminster Magistrates' Court, 181 Marylebone Road, London, NW1 5BR within 21 days of notice of the decision.
The chief police officer for the police area where the premises are located may make representations against any application for a provisional statement, or for the grant, variation or review of a licence. He can give notice to the authority if he believes that the transfer of a licence, or the variation of the designated premises supervisor, or the re-instatement of a licence by way of an interim authority notice, would undermine the crime prevention objective.
The chief police officer also has powers to review a premises licence where a premises is associated with either serious crime or disorder or both.