Licensing Applications (Business premises)

I am a Solicitor Advocate providing a one stop licensing shop – from running licensing courses all the way to representation at hearings before the Licensing Authority or Appeals.

The different types of licensing application that I deal with and can be made are:

1.     Personal Licence,

2.     Variation of DPS,

3.     Transfer of a Licence,

4.     Temporary Events Notice,

5.     Variation of Licence

6.     Grant of a New Licence,

7.     Review of a licence

I am a Sole Practitioner, Solicitor Advocate with a Lexcel Quality Approved practice and will deal with your matter from start to finish myself, unless for any special reason we agree we should instruct a barrister or solicitor-agent. I do not employ any unqualified staff to process work for clients.

I have over 40 years’ experience as an advocate and travel all over the country representing a wide range of clients, including Racecourses, Hotel Chains, Music Festivals, Restaurants, Off Licences, Pubs and Clubs. I provide training for Kent Police and Fire Authority and Council’s Licensing Officers.  Because of my years of experience in the business, and knowledge of dealing with diverse Licensing Authorities, I have become familiar with the different procedures of each authority and problems we can encounter, so that we can deal quickly and efficiently with your case.

The normal timescale for an application for

·      A New Licence or a Variation is 28 days from the date of lodging the application, but if there are objections, subject to the Licensing Authority rules, a hearing must be held within a further 28 days. The Licensing Committee must announce its decision within 5 working days from the conclusion of the case.

·      A Variation of DPS or Transfer of licence - This will be granted with immediate effect (but will be subject to the Police right to object within 14 days of lodging the application) It will be applied for at a date to suit you but could be applied for within 24 hours of receiving instructions and receiving all necessary information.  

·      A Temporary Events Notice will be granted within 3 days of lodging the application provided there are no objections. It will be applied for at a date to suit you but could be applied for within 24 hours of receiving instructions and receiving all necessary information. If there are objections a hearing date will be set by the council unless you have lodged a Late TEN (ie one between 5 and 9 days before the event) when the council must refuse the application.

·      A Personal Licence will be granted by the council within 3 months of lodging a valid application provided there are no objections. It will be applied for within 7 days of receiving your DBS certificate, the completed application forms and other documents required. If there are objections a hearing date will be set by the council

·      Review Hearing – Must be dealt with, within a period of 28 days from the expiry of the notice period set in the site notice for representations placed at the premises by the council. The Council must announce their decision within 5 working days from the conclusion of the case.

·      I work on a fixed fee basis and will agree a fee at the initial consultation once the facts are known and the issues clear.

 My fees include:

·      Initial consultation

·      Site visit to determine issues

·      Taking your instructions

·      Advising as to how you can promote the statutory Licensing Objectives

·      Advising on type of plans required to accompany your application to meet the regulations

·      Completing and submitting the application

·      Providing advice on the fee levels payable to the Licensing Authority

·      Preparing copies of the application for disclosure to the Responsible Authorities (e.g. Fire Service, Environmental Health)

·      Preparing the public notice to be displayed on the site and in the newspaper

·      Preparing Designated Premises Supervisor consent form for signature by a personal licence holder.

·      Checking the licence once granted

·      Correspondence and telephone calls during the initial consultation phase

·      Advising on Appeal

My fees do not include:

·      Any further site visit that might be required e.g with a Responsible Authority

·      Any work done in respect of a hearing, including preparation for and representation at the hearing. If such work becomes necessary, I will agree a further fixed price with you.

·      Disbursements (see below)

·      Obtaining suitable plans

I will agree a fixed price for this work if it arises

Disbursements

These are costs related to your matter which are payable to third parties. They will include:

·      The application fee. This is based on the rateable value of the property and ranges from £100-£635

·      Advertising fee payable to an appropriate newspaper. This varies but is typically between £200-£400 + VAT

·      Enquiry agent fees to display public notices. Typically £100-£300 + VAT. Generally this fee can be avoided if you are able to arrange display of notices yourself.

·      Fees of barrister or solicitor agent if it is agreed to instruct one

Typical fees where there is no hearing:

1.     Personal Licence - £80 + VAT + £37 application fee

2.     Variation of DPS - £200 + VAT + £23 application fee

3.     Transfer of a Licence - £200 + VAT + £23 application fee

4.     Temporary Events Notice - £200 + VAT + £21 application fee

5.     Variation of Licence – See below for Simple, Medium and High Complexity Rate

6.     Grant of a New Licence - See below for Simple, Medium and High Complexity Rate

Simple Application: £450 - £1200 plus VAT (based on 3-8 hours at an hourly rate of £150)

Medium complexity: £750 - £1800 plus VAT (based on 5-13 hours at an hourly rate of £150)

High complexity: £1500 - £2400 plus VAT (based on 10 – 16 hours at an hourly rate of £150)

Factors that could affect whether your application is likely to be simple, medium or high complexity vary from application to application and these will be discussed with you at the initial consultation. Matters such as the type and size of the premises, its location, whether there is a Cumulative Impact policy in place, and if the application is for a large-scale public event will be considered in determining the complexity. Most licensing applications fall into the simple or medium complexity range.

REVIEW HEARINGS OR CASES WHICH PROCEED TO A HEARING

Review of a licence, or applications which go to hearing or an Appeal - will depend on the amount of work to be done and will be based on my hourly rate of £150 per hour exclusive of VAT.