Premises licences

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 11pm and 5am - known as 'late night refreshment'

Your premises must also be in the Derby City Council area

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:

  • performance of a play. For more information please view the Plays section.
  • exhibition of a film
  • indoor sport. As defined in the Licensing Act 2003, an ‘indoor sporting event’ is a sporting event which takes place wholly inside a building, and at which the spectators present at the event are accommodated wholly inside that building. A ‘sporting event’ means any contest, exhibition or display of any sport and ‘sport’ includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display. It is not the activity that is licensable it is for the protection of the audience at the event, for example: health and safety.
  • boxing wrestling fighting sports entertainment or which combines boxing/wrestling with one or more mixed martial arts/cagefighting style events (except Olympic style Greco-Roman and freestyle wrestling). Greco-Roman and freestyle wrestling are both amateur sports and are two style of contests in the Olympic games. These types of wrestling are exempt from requiring a licence. All other forms of wrestling, or wrestling entertainment, such as ‘professional’ or ‘all-in’ wrestling does require a licence. Licensable wrestling can be described as sports entertainment with wrestling moves that include a theatrical element. The use of props may also be included. For more information please view the Boxing Wrestling and Fighting Sports section.
  • performance of live or recorded music - please view the information within the live and recorded music section
  • performance of dance
  • any similar entertainment to that of live music, recorded music or dance.

There are certain exemptions in regard to some activities, further details can be viewed in the Exemptions for premises licence and club premises certificates section.

Exempt entertainment

Premises licences are not required for:

  • films for advertisement, information, education, or in museums or art galleries
  • vehicles in motion - at a time when the vehicle is not permanently or temporarily parked
  • television or radio broadcasts – as long as the programme is live and simultaneous
  • activities which involve participation as acts of worship in a religious context
  • activities in places of public religious worship
  • education – teaching students to perform music or to dance
  • the demonstration of a product – for example, a guitar – in a music shop
  • the rehearsal of a play or performance of music for a private audience where no charge is made with a view to making a profit.
  • morris dancing or similar.
  • Incidental music – the performance of live music or the playing of recorded music if it is incidental to some other activity
  • Incidental film- an exhibition of moving pictures if it is incidental to some other activity.
  • a spontaneous performance of music, singing or dancing
  • garden fetes – or similar if not being promoted or held for purposes of private gain
  • games played in pubs, youth clubs etc. (example pool, darts, and table tennis)
  • stand up comedy
  • provision of entertainment facilities (example dance floors)

Do I have to have plans professionally drawn?

There is no requirement to have plans professionally drawn. What is important is that they are accurate and meet the requirements referred to in the section - What information do you need from me to apply for a premises licence?

Do I need to show a consumption area, such as a beer garden, on the plan?

There is no requirement to show on the plan any areas that are not part of the premises you are licensing. You should, however, describe any areas that you intend to provide for people to consume alcohol that you sell or supply under the general description of the premises that you are required to give at the beginning of part 3 of the application form.

As a result of deregulatory changes that have amended the Licensing Act 2003*, no licence is required for the following activities:  

Plays:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500. 

Dance:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 500*. 

Films:  no licence is required for ‘not-for-profit’ film exhibition held in community premises between 08.00 and 23.00 on any day provided that the audience does not exceed 500 and the organiser; (a) gets consent to the screening from a person who is responsible for the premises; and (b) ensures that each such screening abides by age classification ratings. 

Indoor sporting events:  no licence is required for performances between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000. 

Boxing or wrestling entertainment:  From 22 June 2013 no licence is required for Greco-Roman wrestling or freestyle wrestling between 08.00 and 23.00 on any day, provided that the audience does not exceed 1000 and takes place in a building.

Live music:  no licence permission is required for: 

  • a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.
  • a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500*.
  • a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace* that is not licensed to sell alcohol on those premises, provided that the audience does not exceed 500.
  • a performance of amplified live music between 08.00 and 23.00 on any day, in a church hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that; (a) the audience does not exceed 500, and; (b) the organiser gets consent for the performance from a person who is responsible for the premises.
  • a performance of amplified live music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from:  (i) the local authority concerned, or (ii) the school or (iii) the health care provider for the hospital. 

Recorded music:  no licence permission required for: 

  • any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500*.
  • any playing of recorded music between 08.00 and 23.00 on any day, in a church, hall, village hall, community hall, or other similar community premises, that is not licensed by a premises licence to sell alcohol, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance from a person who is responsible for the premises.
  • any playing of recorded music between 08.00 and 23.00 on any day, at the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a hospital, provided that (a) the audience does not exceed 500, and (b) the organiser gets consent for the performance on the relevant premises from the local authority concerned, or (ii) the school proprietor or (iii) the health care provider for the hospital.

Cross activity exemptions:  no licence is required between 08.00 and 23.00 on any day, with no limit on audience size for:

  • any entertainment taking place on the premises of the local authority where the entertainment is provided by or on behalf of the local authority;
  • any entertainment taking place on the hospital premises of the health care provider where the entertainment is provided by or on behalf of the health care provider;
  • any entertainment taking place on the premises of the school where the entertainment is provided by or on behalf of the school proprietor;  and
  • any entertainment (excluding films and a boxing or wrestling entertainment) taking place at a travelling circus, provided that (a) it takes place with a moveable structure that accommodates the audience, and (b) that the travelling circus has not been located on the same site for more than 28 consecutive days.

*for further information see the Home Office Revised Guidance issued under section 182 of the Licensing Act 2003. 

What are combined fighting sports?
The description of combined fighting sports is a contest, exhibition or display which combines boxing or wrestling with one or more martial arts which includes cage fighting.

Will I need to apply to have combined fighting sports on my licence or will it be done automatically by the licensing authority?
If your current authorisation (premises licence or club premises certificate) already allows you to hold a contest, exhibition or display of combined fighting sports, you can carry on doing so under the terms of that authorisation. No further action needs to be taken by you or by us.

Will we need to re-issue licences to include combined fighting sports?
No. Currently, combined fighting sports may be authorised under the Licensing Act 2003 as either ‘indoor sporting event’ or as ‘boxing or wrestling entertainment’. To the extent that an existing authorisation allows combined fighting sports, the licence will be treated as continuing to allow combined fighting sports, notwithstanding their reclassification.

Will the addition of combined fighting sports on a premises licence or club premises certificate that already include boxing and wrestling add extra conditions?
Yes, possibly. Where an existing authorisation does not cover combined fighting sports, you will need to apply to us to vary your licence. The application may be granted, possibly subject to the imposition of conditions relevant to combined fighting sports events.

Does this mean that people who have boxing and wrestling on a premises licence or club premises certificate can hold a contest, exhibition or display of combined fighting sports?
No. You can only do that if your authorisation currently extends to combined fighting sports. The only way by which this will have occurred is if your application for an authorisation made reference to combined fighting sports and was granted.

What is recorded music?
Recorded music activities amount mainly to discos and DJ events – where the audience is there primarily to be entertained by the music activity.

Why is live music allowed in workplaces but not recorded music?
As recorded music events are easily portable, they have, in the past, been more prone to noise and public order problems.

Will this allow raves?
No. Recorded music activities (usually disco and DJ events) will only be deregulated in the following places (between 08.00 and 23.00):

  • In premises with an alcohol licence (unless this has been precluded by a licence condition).
  • In events organised by local authorities, schools, nurseries or hospitals or in ‘community premises’

What if a recorded music event is noisy?
Other legislation is already in place which gives powers to us and the police to deal with issues, arising from a problem event.

What is the definition of a workplace in relation to regulated entertainment?
The term is defined in the workplace (Health, Safety and Welfare) Regulations 1992 and is, broadly speaking, any non-domestic place where someone works.

What is the definition of a play?
A play is defined in the Licensing Act 2003 as a performance (including a rehearsal) of any dramatic piece, whether involving improvisation or not, which is given wholly or in part by one or more persons actually present and performing, and in which the whole or a major proportion of what is done by the person or persons performing, whether by way of speech, singing or action, involves the playing of a role.

What happens to plays with nudity?
If the performance is solely or principally provided for the purpose of sexually stimulating any member of the audience then it will remain regulated.

1. Complete the premises new application form and if you are requiring alcohol on the licence you will need to complete the DPS consent form

2. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed. The fee is based on the non-domestic rateable value (NDRV) of the premises. This is not the same as the actual business rates which you pay, but is a value determined by the valuation office, which helps determine business rates. The NDRV, rather than your business rates bill, will determine the fee level to be paid with the licence application and the annual fee thereafter. The NDRV of any premises can be checked on the Valuation Office Agency (VOA) website. NDRV are generally  revalued every 5 years.

Premises with no rateable value will be charged at Band A. In addition, a multiplier will be applied to town and city centre pubs (those in Bands D and E), where they are exclusively or primarily in the business of selling alcohol:

  • Band D (x2) E (x3) City/town centre pub initial fee £900.00 £1905.00
  • City/town centre pub annual charge £640.00 £1050.00

No fee is payable for "Community Premises". If the premises are used for regulated entertainment only. The fee cannot be refunded once the application has been submitted.

3. If applicable - List of acceptable documents for Right to Work check

4. Prove your Right to Work to an employer

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 you are posting the application forms (except minor variations), 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.

The Licensing Authority has adopted a Cumulative Impact Policy for the area of the city contained within the Derby inner ring road, to be known as the Derby City Cumulative Impact Zone. If your premises is in this area you must demonstrate on your application what additional measures you will put in place to adhere to this policy. Please view the Licensing Policy for more information. 

For more information view the Licensing premises and club certificate licence guidance notes - new and variation.

Common travel area information for UK and Irish citizens.

1. Completed application form

2. A plan of the premises

The plan of the premises should be included with the application, and copied to the responsible authorities as part of the application. The plan of the premises needs 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:

  • A clear line must be drawn around the areas where licensable activities will be taking place. 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 above, the location of escape routes from the premises.
  • In a case where the premises is used for more than one existing 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 a case where the premise 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.
  • The location of a kitchen, if any, on the premises.

The plan must be clear and legible. The plan may include a key of symbols to illustrate the above on the plan but there is no requirement to do so.

3. Correct fee

4. You will need to provide an operating schedule which is included as part of the application form

5. DPS consent form if applicable

6. Documentation to prove your right to work in the UK (individuals and partnerships only)

See premises new application form ‌for further details.

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

  • You can apply for a premises licence or club premises certificate without having planning permission. However, you are strongly advised to have the correct planning permission in place before you start running your business. Any hours or activities granted under licensing legislation do not override any planning restrictions. If you have any queries please contact the Planning Department by email to DevelopmentControl@derby.gov.uk.

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:

  • PPL PRS Ltd known as The Music Licence they represent performers, record companies, song writers, composers and music publishers. They ensure that the creators and performers of music are paid when their music is played in public (for both recorded music and live performances). The Music Licence allows you to legally play music for employees or customers in your business through radio, tv, other digital devices and live performances.

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:

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

Our licensing payments page explains what fees apply and how to pay them.

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.

You are required to give a copy of the application, including the accompanying documentation, to the 'responsible authorities' on the same day as the application is given to the relevant licensing authority. If you are submitting an electronic copy, we are responsible for distributing your application and documentation to the Responsible Authorities. Responsible Authorities are the public bodies that are entitled to make representations to the licensing authority in relation to an application. Any representations must be about the likely effect of granting the application on the promotion of the licensing objectives.

These authorities are able to comment on applications made under the Licensing Act 2003 and can apply for a review of a licence.

Applications need to be served on all or some of the responsible authorities on the same day as the application is made to us.

Derbyshire Constabulary

c/o Licensing Officer
St. Mary's Wharf
Prime Parkway
Chester Green
Derby
DE1 3AB 

Contact for advice:

Telephone: 0300 122 5738
Email: DLIC@derbyshire.pnn.police.uk 

Applications by email must be followed up with a hard copy by post.

Derbyshire Fire & Rescue Service

Fire Authority
South Area Licensing
Derbyshire Fire and Rescue Service
Ascot Drive Fire Station
Ascot Drive
Derby
DE24 8QZ

Contact for advice:

Telephone: 01332 291134
Email: southareaadmin@derbys-fire.gov.uk

Applications by email must be followed up with a hard copy by post.

Food and Safety Team

Derby City Council
Food and Safety Team
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone 01332 641555
Email: foodandsafety.duty@derby.gov.uk

Environmental Protection

Derby City Council
Environment Protection Team
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone 01332 642020
Email: EPTeam@derby.gov.uk

Trading Standards

Derby City Council
Trading Standards Team
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone 01332 641981
Email: tradstan.duty@derby.gov.uk

Director of Planning and Transportation

Derby City Council
The Planning Team
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone 01332 640795
Email: developmentcontrol@derby.gov.uk

Derby Safeguarding Children Board

Child Protection Manager
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone: 01332 642376
Email: cypsafeguarding@derby.gov.uk

Public Health

Director for Public Health
The Council House
Corporation Street
Derby
DE1 2FS

Contact for advice:

Telephone 01332 643067

Home Office

Alcohol Licensing Team
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

Contact for advice:

Email: alcohol@homeoffice.gsi.gov.uk

There is a legal requirement to individuals and partnerships to send a copy of your application to the Home Office.

If you are a applying as a company, there is no requirement for you to send your application directly to the Home Office.

Licensing Authority

Derby City Council
Licensing Team
The Council House
Corporation Street
Derby
DE1 2FS 

Contact for advice:

Telephone 01332 641951
Email: licensing@derby.gov.uk 

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.

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. The notice must be displayed in a prominent position on the premises and where it can be easily read from the public highway 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 that borders any highway. 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.

Complete the copy of premises licence application form and send this with the relevant payment. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

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).

Any business buying alcohol from a UK wholesaler for onward supply to their customers will need to check that their wholesaler has been approved by Her Majesty's Revenue and Customs (HMRC) under the Alcohol Wholesaler Registration Scheme (AWRS).

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. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

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:

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 you are posting the application forms, 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.

You are required to advertise your application. Please see our section on 'How do i advertise my licence application'

For more information view the Licensing premises and club certificate licence guidance notes - new and variation.

Complete the Premises - notification of a change of name  and or Notification of change of name or address of a premises licence holder form and send this with the relevant payment. Our licensing payments page‌ explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

Complete the Premises - notification of a change of name  and send this with the relevant payment. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

Common travel area information for UK and Irish citizens.

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 you are posting the application forms, 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.

If you have any gaming machines on your premises and you have a Gaming machine notification - two or less gaming machines application form  ‌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 - for more than 2, new variation transfer application form to change the permit into your name.

If you are providing hot food or hot drink between 11pm and 5am then you will need a premises licence that includes late night refreshment.

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.

Complete the ‌Premises surrender form 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.

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 8am and 11pm.

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.

You need to report it to Environment and Regulatory Services by email at 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.

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. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.

Complete the Premises - change of address of DPS and send this with the relevant payment. Our licensing payments page explains what fees apply and how to pay them.

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

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 detailed below. 

What type of premises can disapply the designated premises supervisor (DPS) provisions?

Where premises are selling alcohol the Licensing Act 2003 allows for the mandatory requirement to have a designated premises supervisor (DPS) to be disapplied in relation to premises licences held by ‘community’ type premises.

These are usually

(a) a church hall, chapel hall or other similar building, or

(b) a village hall, parish hall, community hall or other similar building.

How will you decide whether or not my premises are a community type?

Where it is not clear we will look at premises on a case-by-case basis. The main consideration in most cases will be how the premises are mainly used.  If they are genuinely made available for community benefit most of the time, and accessible by a broad range of people and sectors of the local community for purposes which benefit the community as a whole, the premises will be likely to meet the definition.

This could include educational premises, such as school halls, but only where they are genuinely and widely used for the benefit of the community as a whole, and not just for that particular school.

Community premises under this definition will usually be multi-purpose, with a variety of activities taking place in them, such as playschools, senior citizens’ clubs, indoor sports, youth clubs and public meetings.

Where school and private halls are mainly hired out to the public for private purposes, this will not normally be enough to qualify as ‘community premises’.  We would need to see evidence of any other uses that may benefit the local community.

We are required to consider the nature of the premises themselves, as reflected in their main use, and not only at the usefulness of the premises for members of the public for private purposes.

If the use of the premises is dependent on membership of an organisation, this generally suggests the premises are not ‘community premises’.  The premises would need to show they have a multi-purpose use that is available to members of the community as outlined above.

What does “disapplication” mean?

Section 19 of the Licensing Act makes it a mandatory condition, in any premises authorised for the sale of alcohol, that there must be no supply of alcohol under the licence when either:

i) there is no DPS in respect of the licence, or

ii) where the DPS does not hold a current personal licence.

In addition, it is a mandatory condition that every supply of alcohol must be made, or authorised by, a personal licence holder.

Whenever the mandatory conditions are disapplied an alternative mandatory condition will automatically apply instead. The effect of this alternative condition will be that responsibility for authorising sales of alcohol would fall on the premises licence holder itself, which will be the committee or board of individuals responsible for the management of the premises.

These individuals will be required to undertake the responsibilities that would normally be undertaken by a DPS. Provided the premises licence holder (i.e. the committee) had properly authorised the sale of alcohol, for example in written form through a hire agreement, an organisation or hirer using these premises for the sale of alcohol under the authority of the premises licence would not be required to obtain a personal licence.

There is no automatic disapplication of the conditions in respect of any premises. A management committee of a community, church or village hall that seeks the removal of the conditions from an existing licence, or wishes to apply for a licence that does not include them will need to apply to us for the conditions to be removed, and have the alternative condition imposed instead. This may be done either as a part of a new application, or as a separate application to vary the licence to disapply the DPS provisions.

In making an application to vary my licence to disapply the DPS provisions what do I need to produce?

An applicant must produce:

  1. A completed application form;
  2. Any documents (if available) which identify the premises and how it is managed;
  3. The appropriate fee and,
  4. You must also submit the premises licence (or the appropriate part of that licence), or if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).

Who do I serve the application on?

One copy of the application to the Licensing Team at Derby City Council and one copy to Derbyshire Constabulary.

What happens next?       

The application form requires you to say how the premises is managed, its committee structure and how the supervision of alcohol sales is to be ensured in different situations (e.g. when the hall is hired to private parties) and how responsibility for this is to be determined in individual cases and discussed and reviewed within the committee procedure in the event of any issues arising.

The application form requires community premises to submit copies of any constitution or other management documents with their application and that they provide the names of their key officers e.g. the Chair, Secretary, Treasurer.

Where the management arrangements are not as clear, we will ask for further details to confirm that the management board or committee is properly constituted and accountable before taking a decision on whether to grant the application.  This is dependent on the views of the Police – see below.   You are strongly advised to contact the Licensing Team to discuss your individual case before submitting your application.

When you submit your completed form and the fee and relevant documents, you must provide a copy to Derbyshire Police at the same time.  The police then have 14 days to make a representation to us.

If the police issue a notice seeking the refusal of the application to remove the usual mandatory conditions, we must hold a hearing in order to reach a decision on whether to grant the application.

Following the grant of the application the management committee is strongly advised to notify us if there are key changes in the committee’s composition e.g. to the Chair, Secretary, Treasurer and to submit a copy to the Chief Officer of Police. A failure to do so may form the basis of an application to review the premises licence, or be taken into account as part of the consideration of such a review application.

Once removed can the mandatory conditions be re-imposed?

Where a premises licence has had the usual mandatory conditions removed, they may be reinstated if concerns arise over the promotion of any of the licensing objectives. In such a case, an interested party, such as a local resident or a responsible authority, such as the police may apply to us for a review of the licence.

A hearing will follow a review application and we, as the licensing authority may reinstate the DPS requirements if we think it necessary for the promotion of any of the licensing objectives.

How will you approach “community” premises in the event of offences under the Licensing Act?

The management board or committee will remain the premises licence holder and will be collectively responsible for ensuring compliance with licence conditions and the law.

The hirer should be clearly identified as having responsibility for matters falling within his or her control, usually by means of a contract of hire between the hirer and the premises licence holder, such as events held under Temporary Event Notices.

We recommend hirers are provided with a written summary of their responsibilities in relation to the sale of alcohol.  This may help demonstrate the management committee has taken adequate steps to avoid liability to prosecution if a licensing offence is committed.

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.

You can be kept informed of changes to the licence.

Complete the Premises notice of interest form and send this with the relevant payment. Our licensing payments page explains what fees apply and how to pay them. If you have paid by debit/credit card or by bacs before you have submitted your application form then you must include a copy of your receipt with the application. Any application received without the payment will not be processed.