Licensing

By virtue of the Licensing Act 2003, licensing laws were overhauled, which resulted in all applications falling within the remits of local authorities as opposed to the Magistrates’ Courts. Accordingly, all licensed premises are required to operate with a licence and abide by the regulations of not only the Licensing Authority but also other authorities concerned with matters of food safety, health and safety, weights and measures, underage sales, trading standards, disability discrimination and door security. Our specialist Solicitors are well versed on all aspects of licensing and have a good rapport with a number of local authorities so as to advise businesses on the following areas of alcohol licensing:

• new premises licence applications;
• variation applications;
• changes of designated premises supervisor;
• transfer of premises licences;
• applications for temporary event notices;
• advising on mandatory licensing conditions;
• advising on early morning restriction orders;
• late night refreshment applications;
• regulated entertainment applications;
• surrender of premises licence;
• personal licence applications;
• objections, appeals and breach of licence conditions proceedings;
• street trading and pavement licences;
• summary reviews, interim steps applications and full reviews; and
• defending closure orders.

Carrying out of licensable activities such as the sale and supply of alcohol, hot food and drink after 11pm, the provision of live and recorded music, plays, films, dance performances, indoor sports etc. without a licence can result in the issue of fines, imprisonment for up to 6 months or both. Our Solicitors have the expertise to ensure that the conditions of the Local Authority are satisfied and facilitate a smooth process to reach the conclusion of the above-mentioned Licensing Applications with minimal disruption to businesses in mind.

We appreciate that all businesses are different hence why the service we provide is completely bespoke and the difference in structure of each business requires our fees to also be catered on a business-by-business basis and consideration is therefore given to complexity, which in turn is determined by the size, nature and location of the business. Accordingly, our fees are charged on an hourly basis and each case will be handled by our Licensing Specialist Consultant Solicitor, Stephen Hill whose hourly rate is £350 plus VAT and he will be supervised by one of the partners whose hourly rates are also £350 plus VAT. For more information about the Solicitors in our firm, please see: Solicitors at Alpha Lexis Law Firm

As our fees are determined by each of the above elements for each business and based upon the complexity of each business and case at hand, we estimate that straightforward applications are likely to take between 7 – 16 hours, which amounts to £2,450 – £5,600 plus VAT plus Disbursements and for more complex applications 10 – 22 hours, which amounts to £3,500 – £7,700 plus VAT plus Disbursements.

Our fees include:

• taking client's instructions;
• advising how client’s can promote the licensing objectives within their premises licence application;
• Obtaining and considering all relevant documentation from you or the Local Authority
• advising on the type of plans required to accompany their application;
• completing and submitting the application;
• drafting the Operating Schedule;
• providing guidance on the fee levels payable to the licensing authority;
• disclosing the application to the responsible authorities;
• drafting the notices advertising the premises licence application and submitting the notice to the local newspaper;
• making arrangements for the necessary advertising of the application;
• providing a Designated Premises Supervisor (DPS) consent form for signature by a personal licence holder proposed by yourself;
• checking the licence once granted and correcting any errors with the licensing authority.

Our fees will not include:

• Obtaining plans to accompany the application;
• Assisting with other applications such as change of Designated Premises Supervisor;
• Providing advice on any representations or objections that are made by the relevant authorities or interested parties;
• Varying the licence once it has been granted. If this is required, then an application will need to be made to the Local Authority for either a full or minor variation and we will provide a separate fee estimate for this work which will be charged at an hourly rate;
• Assisting with and attending any subcommittee or appeal hearing. If representations are received and attendance and representation at a licensing sub-committee is required, then we will provide a separate fee estimate for this work which will be charged at an hourly rate.

In addition to our fees, Disbursements will be incurred.

Disbursements are costs related to your matter that are payable to third parties, such as the application fee. We pay disbursements on behalf of our clients to ensure a smoother process and these are as follows:

• Application fee – payable to the licensing authority and this fee is payable when applying for a premises licence and the amount payable is dependent on the national non-domestic rateable value (NDDR) band of the premises. Full details of the rateable value of your premises can be found using the following link:        Business Rates
• Advertising fee – the members of our team can liaise with local newspapers to obtain quotes for advertising costs but the fee itself will be payable directly to the newspaper and may depend on the newspaper that is to be used. Typical advertising costs can vary between £300 – £1,000 + VAT at the prevailing rate.
• Barrister’s fee – charged by Barristers on a case-by-case basis after reviewing the paperwork and so, quotations will be obtained and agreed with you prior to instructing the Barrister.

Generally speaking, matters usually takes 2 – 3 weeks from receipt of full instructions for us to make an application, however this does depend on being able to receive all the necessary documents promptly. If your matter is more complex, for example, if there is substantial opposition from interested parties, or if there is a delay in receiving the documents we need, it may take longer. In such instances, the law currently requires that a consultation period of 28 days should follow advertisement of the application. At the end of that period the council has 20 working days to arrange a hearing if there are objections to your licence being granted.

VAT at the prevailing rate of 20% is set by the Government.