Premises licences

A Premises Licence is required to carry out licensable activities from the premises. The definition of 'premises' means any place, but it also includes a vehicle, vessel or moveable structure.

Premises could include mobile food sellers for example, a burger van.

Contents

Find out more about:

Do I need to pay an annual fee for a Premises Licence?

You may have to pay an annual fee for your Premises Licence. See our Licensing current fees and How to pay for a Premises Licence.

If it is not paid by the due date then we will issue a Notice of Suspension giving you a further seven working days to pay.

If the annual fee is not paid within this notice period your Premises Licence will be suspended until the payment has been paid. This means you will not be able to open to provide licensable activities. Carrying out unlicensed licensable activities carries an unlimited fine and up to six months imprisonment on conviction.

What do I need Premises Licence for?

You must have a licence:

  • to sell alcohol to the public, including in wholesale quantities
  • to supply alcohol to members of a club
  • to provide hot food or hot drink between 23.00 and 5.00 - known as late night refreshment

For the following activities if they are carried out in front of an audience and is provided for the purpose of entertaining that audience. A licence is also required if you are just providing facilities for:

There are certain exemptions in regard to some activities, further details are available in this document: exemptions for premises licence and club premises certificates.

How do I apply for a Premises Licence?

Complete the premises new application form. You can complete these by hand. Please use the accompanying Licensing Premises and Club Certificate Licence guidance notes - new and variation

See our Licensing current fees and How to pay for a Premises Licence. Your licence will be issued, if granted, within two months of the closing date of your application period subject to any representations and hearings.

We may use the information provided for the prevention and detection of fraud. We also share this information for auditing purposes.

If posting or handing in the application form(s) (except minor variations) at our reception you are required to also serve a copy of the application, including the accompanying documentation, to the Responsible Authorities on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to the Responsible Authorities. We can only accept applications for premises within our Local authority area .

Will I need to apply for anything else?

You may need other permissions, such as planning, in addition to those covered by the Licensing Act 2003.

These must be obtained before you begin your licensed activities. Please note that this list gives a general guide and is not a complete list.

Food Safety

  • Food businesses, including those where only drink is provided, religious, voluntary and other such activities that involve food.
  • If you run or are going to run a food business in the city then you must register your food business with the Food Safety Inspections Team. This is free and involves completing a Food Premises Registration Form for the Food Safety Inspections Team. 

Planning

Highways

  • If your activities may affect users of the public highway please contact Highways and Transport by emailing roadworks@derby.gov.uk for advice.

Music

Do I need a licence to play recorded music in my pub?

In addition to having the recorded music on your Premises Licence as regulated entertainment, you will need to apply for a licence from:

  • PRS is responsible for some of world's music writers, composers and publishers. They collect and pay royalties to its members when their music is performed, played, broadcast, recorded into any format.
  • PPL is the music licensing company which, on behalf of performers and recorded companies, licenses the use of recorded music in the UK to shops, pubs, offices and others to use recorded music in their business.

Films

Do I need a licence to hold a film show evening to the residents in my residential home?

In addition to having films on your premises licences as regulated entertainment you will need to apply for a licence from:

  • Filmbank which represents many of the leading Hollywood and independent film studios in the area of film usage outside the cinema and home.

Do I need to advertise my licence application?

The Licensing Act 2003 requires you to advertise all new applications as well as applications to change an existing licence.

We will ask you for evidence that you have advertised your application correctly.

How do I advertise my licence application?

You must advertise your application in the following ways.

  • You must display a public notice on the premises where it can be easily read by the public - this must be at least A4 in size and printed in black ink on pale blue paper. Text must be at least 16 point in size and readable. The notice must be displayed for at least 28 consecutive days from the day after the application was made. It is advisable to phone or email us to confirm when your 28 day application period ends.
  • You must publish a notice in a local newspaper on a date that is not more than 10 working days from the day after the application was made. It is advisable to phone or email us to confirm when your 28 day application period ends before you contact the Derby Telegraph.

Will I need to licence my circus?

Circuses will no longer in general need a licence under the Licensing Act 2003, as they will be exempt, with no audience limitations, from the regulation of live music, recorded music, indoor sport, the performance of a play and a performance of dance, between 08:00-23:00.

If alcohol is sold or supplied, or if for example the performance includes the exhibition of a film, or a boxing or wrestling match is held, then a licence or Temporary Event Notice under the Licensing Act 2003 will still be required.

You will still need a licence from the Department for Environment, Food and Rural Affairs (Defra) if you use wild animals in your circus.

Designated Premises Supervisor (DPS)

The Licensing Act 2003 states that every premises licence to sell alcohol must have a DPS who must have a valid Personal Licence.

The licence holder must immediately change the DPS details if the DPS leaves the premises. No alcohol can be served at the premises until we have received the new DPS details.

You must sign and send completed forms to us with the original licence. You must also ensure that the proposed DPS has signed the separate consent form.

The Licensing Act 2003 states that the licence holder must serve the application on the outgoing DPS.

The application must also be served on the Chief of Police. The Police will then have 14 days to object to the appointment of the new DPS.

If posting or handing in the application form(s) at our reception you are required to also serve a copy of the application to Derbyshire Constabulary on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to Derbyshire Constabulary.

The appointment of the new DPS will be valid from the date the completed application form is received by us unless there is a successful Police objection.

My DPS has changed their residential address. How do I get my Premises Licence amended?

Complete the Premises - change of address of DPS form and send this with the relevant payment. See our Licensing current fees and How to pay for a Premises Licence.

When my DPS is absent from work. Who is authorised to sell alcohol?

The DPS can authorise other members of staff to sell alcohol in their absence by completing the DPS authorisation form .

How do I remove myself as DPS off the Premises Licence?

Complete the DPS removal of consent form.

How can we apply for Disapplication (removal) of DPS in a community premises?

This allows community premises, for example village halls, to apply to have their DPS removed. The Management Committee would then be collectively responsible for alcohol sales.

For a community premises to be eligible for this, the management committee has to meet certain conditions. Details of these can be found in the Disapplication of DPS from Community Premise guidance notes

This application can be made either with a new/variation application for a Premises Licence or to an existing Premises Licence...

Sign and send completed form to us with the original licence if applicable.

What information do you need from me to apply for a Premises Licence?

  • completed application form
  • plan
  • correct fee
  • you will need to provide an operating schedule which is included as part of the application form
  • dps consent form if applicable
  • documentation to prove your right to work in the UK (individuals and partnerships only)

See premises new application form and Licensing Premises and Club Certificate Licence guidance notes - new and variation for further details.

We have changed our head-office name and address. How do we get our Premises Licence amended?

Complete the Premises - Notification of a change of name and or Notification of change of name or address of a premises licence holder and send this with the relevant payment. See our Licensing current fees and How to pay for a Premises Licence.

We have changed the name of our premises. How do we get our Premises Licence amended?

Complete the Premises - Notification of a change of name and send this with the relevant payment. See our Licensing current fees and How to pay for a Premises Licence

How do I get a copy of my Premises Licence?

Complete the Application for copy of premises licence and send this with the relevant payment. See our Licensing current fees and How to pay for a Premises Licence.

Do I need door supervisors?

If you have a condition on your licence or you want to use door supervisors, they must have a licence from the Security Industries Authority (SIA).

How do I transfer my licence to a new owner?

The Police and Home Office have 14 days from receipt of the application to raise a representation. You will be advised if a representation is received and will be invited to address the representation at a hearing by the Licensing Sub-committee who will hear and determine the application having read all submissions received.

If posting or handing in the application form(s) at our reception you are required to also serve a copy of the application to Derbyshire Constabulary and the Home Office on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to Derbyshire Constabulary and the Home Office.

I have just transferred the premises licence, will I need to change my gambling permits into my name?

If you have any gaming machines on your premises and you have a notification of two or less machines  ‌ in place, you will need to submit a new application for these machines to reflect the transfer of licence. Alternatively, if you have a Licensed Premises Gaming Machine Permit in place you will need to submit a Gaming Machine Permit - new, transfer and variation application form to change the permit into your name.

How do I get a licence to open after 11pm?

If you are providing hot food or hot drink between 23.00 and 5.00 then you will need a Premises Licence that includes late night refreshment.

How do I report noise problems from a pub or club, or a takeaway?

You need to report it to Environment and Regulatory Services by email: EPTeam@derby.gov.uk. The team may ask you to keep a diary of when the noise is taking place and they may monitor the noise levels. You can request a Review of the pub/clubs licence if the complaint is relevant to one or more of the four licensing objectives.

How do I get a licence for my new shop to sell alcoholic drinks?

You will need to transfer the premises licence into your names(s) and you will need to nominate who is going to be your DPS. If you are not already the holder of a Personal Alcohol Licence then you will need to apply for one. You will not be able to sell alcohol until a DPS is in position.

How do I surrender my Licence?

Complete the ‌and send it with your licence to us.

As a premises licence holder you are responsible for paying the annual fee until we have acknowledged receipt of your surrender application.

How do I change any details on my premises licence or club premises certificate?

If you want to make any changes to what is authorised by your Premises Licence or club premises certificate, you must make an application to vary the licence. and send with the correct fee. See our Licensing current fees and How to pay for a Premises Licence

Possible changes include:

  • varying the hours during which a licensable activity is permitted
  • adding licensable activities
  • amending, adding or removing conditions within a licence
  • altering any aspect of the layout of the premises which is shown on the plan

You must complete:

You are advised to obtain from us a Application signature form if handing in your application. Your licence will be issued, if granted, as soon as possible after the closing date of your application period subject to any representations and hearings.

If posting or handing in the application form(s) at our reception you are required to also serve a copy of the application, including the accompanying documentation, to the Responsible Authorities on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to the Responsible Authorities.

Our Premises Licence has lapsed. How do we get an Interim Authority Notice?

Following the lapse of a Premises Licence, such as on the death of a premises licence holder, an Interim Authority Notice may be given to us by an individual or organisation with a legal interest in the premises within 28 days of the lapse.

Complete the premises - Interim Authority form and send this with the relevant payment. See our Licensing current fees and How to pay for a Premises Licence.

New Premises - Provisional Statements

Where premises are being, or are about to be, built/altered, the necessary investment may not be committed unless investors have some assurance that a Premises Licence covering the desired licensable activities would be granted for the premises when the building work is completed.

Application for Provisional Statements need to be advertised and require a plan to be submitted with the application form, see Premises Licence applications for more details.

Complete the Premises Provisional Statement and send this with the relevant payment. See our Licensing current fees  and How to pay for a Premises Licence.

If posting or handing in the application form(s) at our reception you are required to also serve a copy of the application, including the accompanying documentation, to the Responsible Authorities on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to the Responsible Authorities. We can only accept applications for premises within our Local authority area .

What happens if I have a legal interest in a premises?

You can be kept informed of changes to the licence.

Complete the Premises Notice of Interest Form and send this with the relevant payment. See our Licensing current fees and How to pay for a Premises Licence

Opening times

Day Times
Monday 9.00am to 12.45pm
Tuesday 9.00am to 12.45pm
Wednesday 9.00am to 12.45pm
Thursday 9.00am to 12.45pm
Friday 9.00am to 12.45pm
Saturday Closed
Sunday Closed

Useful forms

Downloads

Contact details

Email:
Post address:
Licensing Team
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS
Phone: 01332 641951
Minicom: 01332 640666
Fax: 01332 643299
Licensing Team
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS