Alcohol, entertainment and late night refreshment licence
Information on licence requirements in relation to alcohol, entertainment and late night refreshment and link to apply online
The Licensing Act 2003 ("the Act") gives the council responsibility for an integrated licensing system, bringing together licensing for alcohol, public entertainment, cinemas, theatres, late night refreshment houses and night cafes.
There are two types of licence:
- Premises licences/club premises certificates - required to licence a premises for the provision of licensable activities
- Personal licences - for persons who authorise the sale of alcohol, including designated premises supervisors.
- Please note from 1 April 2015 the requirement to renew a personal licence has been abolished. Personal Licences already issued will no longer expire on the date stated on the licence.
There are also temporary event notices which are used where persons want to provide licensable activities for a period of up to 96 hours for less than 500 people.
It is a requirement of the Act that every licensing authority produces a statement of licensing policy which explains how the licensing authority will exercise it licensing functions under the Act. Central to the Statement of Licensing Policy is the promotion of the licensing objectives of:
- The prevention of public nuisance
- The prevention of crime and disorder
- Ensuring public safety
- Protection of children from harm
Licensable Activities: A licence, certificate or temporary event notice (TEN) authorises the use of premises for the following licensable activities:
- Sale by retail of alcohol (Includes wholesale)
- Supply of alcohol by or on behalf of a club otherwise than by way of a sale
- Provision of regulated entertainment
- Supply of hot food or hot drinks between 23:00 and 05:00 to members of the public for consumption on or off the premises
Regulated Entertainment is defined as:
- Performance of a play
- Exhibition of a film
- Indoor sporting events
- Boxing and wrestling
- Live music
- Recorded music
- Provision of facilities for entertainment
Exempt entertainment would include:
- Entertainment as part of a religious service or at a premises used for religious worship
- Live broadcast television
- Films for the purposes of advertisements, information, education, instruction or as part of an exhibit in a museum or art gallery
- Garden fetes
- Moving vehicles on the public highway
- Morris dancing and its ancillary un amplified music
- Incidental music (live or recorded)
The supply of hot food or non-alcoholic hot drink between 23:00 and 05:00 includes:
- Takeaways and cafes
- Mobile hot food vans
- Petrol stations
- Any other venue providing hot food and drink
There are exemptions, which include hot food and drinks supplied:
- in hotels
- direct from vending machines
- by a registered charity
- to an employee by their employer
- to a member of a recognised club
Applications should be sent with the appropriate fee to the contact details on the left. Cheque's should be made payable to Boston Borough Council
Eligibility Criteria: Any of the following may apply for a premises licence:
- anyone who uses carries on a business in the premises to which the application relates
- a recognised club
- a charity
- a health service body
- a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
- a chief police officer of a force in England and Wales
- anyone discharging a statutory or function under Her Majesty's prerogative
- a person from an educational institute
- any other permitted person
Applicants must not be under 18 years of age.
Application Evaluation Process: Applications must be sent to the licensing authority for the area where the premises are located.
Applications must be in a specific format and be accompanied by any required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).
An operating schedule will include details of:
- the licensable activities
- the times when the activities will take place
- any other times when the premises will be open to the public
- in the case of applicants who wish to have a limited licence, the period the licence is required for
- information in respect of the premises supervisor
- whether any alcohol that is to be sold is for consumption on or of the premises or both
- the steps proposed to be taken to promote the licensing objectives
- any other required information
Applicants may be required to advertise their application and to give notice of the application to any other person or responsible body, e.g. the local authority, chief police officer or fire and rescue authority.
The licensing authority must grant the application, which can be subject to conditions. A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.
The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (i.e. representations that were not deemed frivolous or vexatious) and the chief of police.
Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.
Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.
Will tacit consent apply? Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period
Applying online: Please use the links on the right hand side
Failed application redress: Please contact your Local Authority in the first instance. If an application for a licence is refused the failed applicant can appeal. Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Licence holder redress: Please contact your local authority in the first instance. If an application is made by the chief police officer, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations. A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor. Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Consumer complaint: An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority. Appeals are made to a Magistrates' court within 21 days of notice of the decision.
Other redress: The chief police officer for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.
A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.
An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.
An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.
A chief police officer may make representations to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.
An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.
Appeals are made to a Magistrates' court within 21 days of notice of the decision.
- Association of Licensed Multiple Retailers (ALMR)
- Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
- Federation of Licensed Victuallers Associations (FLVA)
- Institute of Entertainment and Arts (IEAP)
No fee is payable for the provision of regulated entertainment ONLY
a) The licence or club premises certificate has effect in respect or premises that are or from part of an educational institution; and the provision of regulated entertainment on the premises is to be carried on by the educational institution for and on behalf of the purposes of the educational institution
b) the premises licence or club premises certificate will have effect in respect of premises that are or form part of a church hall, chapel hall or other similar building or village hall, parish hall or community hall or other similar building.
- Band A - no rateable value and up to £4,300 - Fee £100
- Band B - £4,300 to £33,000 - Fee £190
- Band C - £33,001 to £87,000 - Fee £315
- Band D - £87,001 to £125,000 - Fee £450
- Band E - £125,001 and above - Fee £635
If the premise is in Band D or E and is used exclusively or primarily for consumption of alcohol on the premise, the fees shall be as follows:
- Band D - Fee £900
- Band E - Fee £1,905
Information on the rateable value to which your application relates can be obtained from the Valuation Office
For any licensing enquiries please contact us using the details on the left. A member of the licensing team will normally be available at the Municipal Buildings on weekdays 9am - noon and 2pm - 5pm (4.30pm on Fridays). We may be available at other times by prior appointment.
|[6kb]||Premises licence - application Pack Contents||List of application pack contents|
|[6kb]||Premises Licence - important guidance note for applicants||Applicants are advised to read this notice before submitting an application|
|[9kb]||Premises Licence - standard letter to applicants||Letter to applicants|
|[184kb]||Premises Licence - A guide to the Licensing Act 2003||General guide to the Licensing Act 2003|
|[201kb]||Premises Licence - how to apply||Guidance on completing the application form|
|[333kb]||Premises Licence - application form||Application form to apply for a premises licence|
|[8kb]||Premises Licence - consent of DPS form||Form of consent to be completed by the designated premises supervisor|
|[9kb]||Premises Licence - schedule of fees||Schedule of fees for new premises licence applications|
|[15kb]||Premises Licence - public notice form||Notice for advertising the application in the local press and on the premises|
|[13kb]||Premises Licence - responsible authority details||List of authorities to whom an application must be submitted|
|[275kb]||Statement of Licensing Policy 2015||Statement of Licensing Policy 2015|
The documents in this section are in Adobe Acrobat format (pdf). You will need Acrobat Reader to view these files which can be downloaded from the Adobe website free of charge.