Provisional statements are for those who have an interest in a premises, but don’t necessarily own it, or are not in a position to say that they intend to operate a business there. It could be that the individual or business applying for a provisional statement, wants to be sure that there isn’t any opposition before they spent large sums of money.
Provisional statements allow the same application and consultation process to take place, and that when they eventually apply for a Premises Licences, those who could have already made representations at the Provisional Statement stage cannot do so again. There is no need to apply for a designated premises supervisor at this stage as that will form part of the premises licence application in due course.
You will need to complete an ‘Application for a provisional statement to be granted under the Licensing Act 2003’ and include the following:-
- A plan of the premises (scale 1:100) – for more information please see below
- An ‘operating schedule’ including details of the licensable activities; operating times; the designated ‘premises supervisor’ where supply of alcohol is requested; whether any alcohol is to be consumed on/off premises; and the steps which the licensee will take to promote the four licensing objectives. (This is part of the application form.)
- The fee is available in the Related Documents
- The application must be sent to the responsible authorities, available in the Link.
- The application must be advertised.
You are able to apply online for or a Premises Licence, Form K ‘Application for a provisional statement to be granted under the Licensing Act 2003’ or alternatively an printable application form can be downloaded.
It is in the public interest that Torbay Licensing Authority must process your application before it can be granted. You cannot provide, operate, authorise or undertake the licensable activity without a Licence and submitting an application form does not guarantee that a Licence will be granted.
If you have not had a response to your application within 40 working days, please contact Torbay Licensing Authority by E-mail: firstname.lastname@example.org. or you can also make contact with the Licensing Authority if you applied online through the UK Welcomes service.
Regulations state that the plan of the premises must be in standard scale (1:100), unless previously agreed in writing with Torbay Council’s Licensing Section.
The regulations specify the plan must show:-
- the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
- the location of points of access to and egress from the premises;
- if different from (2), the location of escape routes from the premises;
- in a case where the premises is to be used for more than one licensable activity, the area within the premises used for each activity;
- fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;
- in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
- in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
- in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
- the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and
- the location of a kitchen, if any, on the premises.
The plan may be illustrated by the use of symbols on the plan with an appropriate key.
It is extremely important that an Operating Schedule is submitted with the application form. Without one, the application will be rejected. On page 14 of the application form are 5 boxes, which cover the Licensing Objectives. You must write down the actions and conditions that you intend to undertake to address the 4 licensing objectives. We have model conditions information on the website which will give advice on this. This is also available by ringing the office on 01803 208120, where we have it available in Microsoft Word format too.
In the case of an application for a premises licence, the applicant must advertise the application.
- For a period of no less then 28 consecutive days starting on the day after the day on which the application was given to Torbay Council, by displaying a notice,
(i) which is:-
of a size equal or larger than A4,
of a pale blue colour,
printed legibly in black ink or typed in black in a font of a size equal to or larger than 16;
(ii) in all cases, prominently at or on the premises to which the application relates where it can be conveniently read from the exterior of the premises and in the case of a premises covering an area of more than fifty metres square, a further notice in the same form and subject to the same requirements every fifty metres along the external perimeter of the premises abutting any highway;
- by publishing a notice:-
(i) in a local newspaper circulating in the vicinity of the premises (Herald Express).
(ii) on at least one occasion during the period of ten working days starting on the day after the day on which the application was given to the relevant licensing authority.
The following information must be provided in the notices:
- The name of the applicant or club;
- The postal address of the premises or club premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises or club premises to be identified.
- The postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and when the record of the application may be inspected;
- The date by which an interested party or responsible authority may make representations to the relevant licensing authority;
- That representations shall be made in writing; and
- That it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on description of the proposed variation.
- A brief description of the application, but it must include the times the premises is open for the sale of alcohol, supply of hot food and regulated entertainment, though there isn’t a need to specify all of these, just the earliest opening times and the latest closing times.
In Torquay town centre and harbourside is a Cumulative Impact Policy, which can limited the opening of new premises or those undertaking significant variations. If this potentially applies to a new business, it is important to read the document below and read the appendix one of the Licensing Policy (see Related Documents).
The Environmental Protection team have written a document to help give advice on noise control measures. A copy of this is available for download from the Related Documents section below.
All documents open in a new window. Need more help with documents? View the Document Help page.
- Licensing & Trading Standards Enquiries
- Tel: 01803 208025
- Fax: 01803 208854