Where premises are being, or are about to be, constructed or altered, applicants may apply for a provisional statement, which acts as an indicator whether a premises licence is likely to be granted upon completion of the construction work or alterations in accordance with the plans.
The procedure enables the applicant to have an assessment made as to the feasibility of the proposed development being granted a premises licence for licensable activities upon completion of the building or works.
If a provisional statement is granted, applicants will still need to apply for a premises licence in the normal way before the premises can be used for any licensable activities.
For further information on premises licences, please see the New Premises Licence Application page.
A summary of the regulation relating to this licence can be found at www.gov.uk/alcohol-licensing .
Who Can Apply for a Provisional Statement?
A person may apply for a provisional statement if:
- (a) They have an interest in the premises;
- (b) They are aged 18 or over;
NB: A “person” in this context may include a business, for example a finance company, a firm of architects, a building company. The person applying for a provisional statement does not have to be the same person who may eventually apply for the premises licence.
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. There is also a consultation period and you will need to advertise the application.
Applications may be made online or by post and include the following documents and submissions:
- A Schedule of Works
A schedule of works is provided within the specified application form and must be completed, it includes:-
- A statement made by or on behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are to be used,
- Plans of the work being or about to be done at the premises, and
- Such other information as may be prescribed.
- Plan(s) of the Premises and / or Land
All applications for a provisional statement must be accompanied by a plan of the premises to which the application relates. For clarity, it is recommended that plans together with the prescribed features they contain be colour coded. The plan must be to a scale of 1:100 (unless otherwise agreed with the Licensing Authority)
- Required Fee
For all applications for a provisional statement, the prescribed fee must accompany the application.
You can apply for a provisional statement online by using the relevant link below.
If you make an application online, you are not required to send a copy of the application to the Responsible Authorities. The Licensing Authority will serve a copy of the application on the Responsible Authorities on your behalf. Please ensure that when applying online, you submit a set of the premises plans by uploading them with the application.
Please note: When you click on the application form link you will be redirected to the governments Business Link website. If you don't have a Government Gateway account you will need to create one before you can proceed to the relevant form. If you already have a Government Gateway account you will be invited to log in prior to completing the application. This account is necessary as it will ensure that your details are pulled through to the relevant form and will enable you to track your applications once they've been submitted.
Apply Via Post
If you wish to apply for a provisional statement and submit it to the Licensing Authority via post, please download the application form by clicking on the link below.
Applications must be sent to:-
Licensing & Public Protection, Torbay Council, C/O Town Hall, Castle Circus, Torquay TQ1 3DR
Applications must include:-
In addition to the application form, the application must be accompanied by the following:-
- The prescribed fee of £315,
- Premises Licence plan (scale 1:100).
Important Note: Unlike applicants that submit a provisional statement application online, applicants that submit applications as a hard copy, must also send a copy to ALL the Responsible Authorities at the following addresses.
- Licensing Department East, Devon & Cornwall Police HQ, Middlemoor, Exeter EX2 7HQ.
- Devon Fire & Rescue Service, Divisional Headquarters, Newton Road, Torquay, TQ2 7AD.
- Director of Public Health for Torbay, 1st Floor, St Edmunds, Victoria Park Road, Torquay TQ1 3QH.
- Safeguarding Unit, C/O Town Hall, Castle Circus, Torquay TQ1 3DR.
If you have any questions relating to the application process or how to complete the form, please contact the Licensing Department on 01803 208025.
In all cases, an application for a provisional statement must be advertised by publishing a notice in a local newspaper. This advert must be published on at least one occasion within 10 working days of the application being accepted by the Licensing Authority.
The application must also be advertised by displaying a notice at or on the premises. This notice must be A4 or larger in size, pale blue in colour and located in such a position where it can be conveniently read from the exterior of the premises.
The notice must be printed legibly (font size 16), be printed or typed in black ink and must be displayed for a period of 28 consecutive days. For any premises covering an area more than 50 metres square, two A4 notices must be displayed.
All notices must contain a statement of the relevant licensable activities and timings that the applicant is applying for at the premises.
A copy of the public notice can be downloaded by using the relevant link below:
Failure to advertise the application in the prescribed manner may render the application invalid.
What happens next?
The Responsible Authorities and any Interested Parties have 28 days, beginning with the day after on which the provisional statement application is accepted, to raise a valid representation if they consider that the application would undermine the four licensing objectives.
If no objection is received against the provisional statement application, the Licensing Authority will grant the provisional statement as requested. This will usually be done within 7 days from the close of the 28 day consultation period.
The total timescale for dealing with a provisional statement application (no objection received) is therefore expected to be no more than 35 consecutive days commencing with the correct receipt of all the paperwork (including all the copies of the application and plans to the Responsible Authorities) and the associated fee.
Following the grant of a provisional statement, the applicant will be required to make a premises licence application in readiness to commence trading.
It should be noted that if the premises licence application reflects the details of the granted provisional statement without significant changes, that unless relevant representations by Responsible Authorities and Interested Parties were made at the time of the application for Provisional Statement, that they cannot be considered again. This would only be possible if the premises licence application is considered significantly different in aspiration by the Licensing Authority and then new grounds for possible representation may exist.
Failed Application Redress
If a valid representation against one of the four licensing objectives is received from any of the Responsible Authorities or any Interested Parties, the applicant will be notified and the Licensing Authority must hold a hearing to consider the representation/s.
The Committee would have to consider if the premises were constructed or altered in the way proposed in the schedule of works and if a premises licence were sought for these premises, it would consider it necessary for the promotion of the four licensing objectives. The burden would be on the Responsible Authority, or any Interested Parties to demonstrate to the committee that they believe the licensing objectives would not be promoted. In this case, the committee could either, reject the provisional statement application, attach conditions to the licence or rule out any licensable activities applied for. Otherwise, the provisional statement would be granted as requested and the applicant then needs to make a full premises licence application.
A right of appeal exists to the Magistrates' Court for all parties involved, including the applicant, Responsible Authorities and Interested Parties, however, it must be lodged with the Court within 21 consecutive days of the date of the notice of the decision.
If you wish to view a Premises Licence you can do this on the Licencing Public Register . Alternatively you can also view a copy of the register at Torbay Councils Connection Offices during normal office hours.
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- Licensing & Trading Standards Enquiries
- Tel: 01803 208025
- Fax: 01803 208854