Apply for a premises licence

To carry out licensable activities from your premises you will need to apply for a premises licence.

What activities need a licence

Licensable activities are:

• the retail sale of alcohol
• the provision of regulated entertainment
• the provision of late night refreshment (hot food and drinks between 11pm to 5am)

Premises

Your premises must be in the borough of Gateshead to apply for a premises licence with Gateshead Council.

Before applying

Before applying for a premises licence we recommend that you read the Government's guidance (opens new window) and the Council's Statement of Licensing Policy (PDF) [311KB] (opens new window) .

You may also wish to seek your own independent legal advice.

You should consider how you will promote the four licensing objectives which are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

Who can apply for a premises licence

An applicant can be:

• an individual (aged 18 or over)
• a business 
• a partnership
• a charity
• a hospital
• a school

You can apply for a permanent or time limited licence.

What you will need to apply for a premises licence

For a valid application you must:

• complete the prescribed application form
• provide proof of right to work in the UK documents if applying as an individual
• provide a plan
• consent form of the Designated Premises Supervisor if you are applying to sell alcohol
• pay the application fee

A written application for a premises licence must be made on the prescribed form.

Your application must detail:

• your details
• the premises address
• the licensable activities you are seeking to carry out
• the proposed hours that the relevant licensable activities are to take place
• an operating schedule with information and steps you proposed to take to promote the licensing objectives. You should consider carefully what to include as anything you put down here is likely to become a condition of your licence if your application is granted. Failure to meet those conditions would constitute an offence under the Licensing Act 2003. You should therefore think carefully about adding conditions to ensure that they are achievable, realistic, appropriate, proportionate and within your control. Examples of conditions can be found in the Council's Statement of Licensing Policy.

If you are seeking to carry out the retail sale of alcohol you must also include:

• the details of the individual that you propose to be the Designated Premises Supervisor and their completed consent form. Please note that the Designated Premises Supervisor must hold a personal licence.
• whether the alcohol supplies are for consumption on the premises, off the premises or both.

Right to work evidence (for individual applicants)

The Immigration Act 2016 amended the Licensing Act 2003 with effect from 6 April 2017 which means that if applying for a premises licence as an individual you must provide evidence that you have permission to be in the UK and to undertake work in a licensable activity. The purpose of this is to prevent illegal working in the UK. This must be supplied with the application or the 9-digit 'share code' for the Home Office online right to work checking service.

Plan

There is no requirement for a plan of the premises to be professionally drawn, however in order for your application to be determined it must be clear and legible and provide sufficient details. The plan of the premises does need to meet the requirements set out in the act and the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005, SI 2005/42 to show the following:

1. 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
2. the location of points of access to and egress from the premises
3. if different from (2), the location of escape routes from the premises
4. in a case where the premises is used for more than one existing licensable activity, the area within the premises used for each activity
5. 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
6. 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
7. in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts
8. in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms
9. the location and type of any fire safety and any other safety equipment, including if applicable, marine safety equipment
10. the location of a kitchen, if any, on the premises

Guidance on completing the application form can be found on the Gov.uk website (opens new window)

Application fee

The fee you pay is determined by the rateable value band your premises is in.

You can find information on rateable value of your premise on the Gov.uk website (opens new window).

There are additional fees applicable to Band D and E premises where they are exclusively or primarily in the business of selling alcohol as well as for premises where the maximum number of persons allowed on the premises is 5000 or over. If this applicable to your premises please contact Licensing for further information before submitting your application.

Additional requirement for applications submitted via post or in person

For applications submitted online the Licensing Authority will circulate your application to the Responsible Authorities.

If you post or submit your application in person to the Licensing Office then you must provide a copy of your full application to all the Responsible Authorities.

Responsible Authorities contact details (PDF) [116KB]

Requirements to advertise your application

You must advertise your application in accordance with the regulations.

Notices of your application must contain the following details:

• your name as the applicant
• postal address of the premises (or if it doesn't have one a brief description)
• the relevant licensing authority, namely Gateshead Council
• a statement of which licensable activities you are proposing to carry out and the times they are to take place.
• explain that any representations must be made in writing
• the last date for representations
• the postal address and the web address for the licensing section where the register is kept and where it can be viewed
• explain that it is an offence to knowingly or recklessly make a false statement in connection with an application and what the maximum fine for such an offence is.

You must:

• publish a notice in a local newspaper in the area which the premises is situated. The notice must be published on at least one occasion within 10 working days of submitting your application; and
• display a notice on A4 (or larger) size pale blue paper in a prominent position immediately on or outside the premises. The notice must be printed legibly in black ink or typed in size 16 font or larger. The site notice must be displayed for at least 28 consecutive days from when you submit your application. Please note that if your premises covers an area of more than 50 metres square, you will need to display further notices every 50 metres along any external perimeter of the premise that opens onto a highway or a street.

A template notice can be provided once an application has been submitted.

Please note there are costs for publishing your notice and we would suggest you make enquires directly with the locally circulated news to obtain a price before submitting your application.

Failure to comply with these requirements may result in your application having to start again.

Once you have submitted your application

On receipt of the application we will send you an acknowledgement.

Each application is determined on its own merits.

A 28 day consultation period begins the day after you submit your completed application. Representations can be made to the Licensing Authority within that time by any of the Responsible Authorities. Representations may also be made by anyone who has an interest in the application providing the representation meets at least one of the four licensing objectives. Those objectives are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

If no relevant representations are received during this period, the application will be deemed granted after the last date for representations and your licence will be issued and sent out to you.

If relevant representations are received within the 28 day consultation period we will see if mediation can take place. If not or if mediation is unsuccessful, then a hearing of the Licensing Sub-Committee will be held to determine your application. You will be notified in writing telling you when the hearing will be, who has made a representation and what that representation is.

Such a hearing will be held within 20 working days after the last date for representation, unless it is deemed in the public interest to extend this date.

Any applicant, Responsible Authority or person making representation is able to appeal our decision to a Magistrate's Court within 21 days of the notice of decision.

How long a premises licence lasts when it is granted

Time limited licences will lapse at the end of the specified period.

Permanent premises licences remain in force until they are surrendered by the holder or revoked following a review of the licence.

A premises licence can also lapse if the holder of the licence:

• dies
• becomes mentally incapable
• becomes insolvent or dissolves

You must contact us immediately if any of these situations occur.

A premises may be suspended for non-payment of the annual fee.

Apply online

Applications can be made online on the Gov.uk website (opens new window). 

Other council services you may wish to contact

Planning

Licensing and Planning are separate regime and you require both in order to operate. You may wish to contact our Planning Department to check that your premises has permission for how you wish to use it.

Environmental Health

If you are setting up a new food business you may need to register with our Environmental Health team.