Provisional Statement

Information and advice on how to apply for a statement from the local authority of the likely effect of the intended licensable activities on a premise that is about to be constructed, altered or extended.

Licence summary

If the premises are or about to be constructed, altered or extended, a mechanism exists whereby those seeking a certain degree of assurance about their potential trading conditions can receive, at an early stage, a statement describing the likely effect of the intended licensable activities on the licensing objectives and an indication of the prospects of any future application for a premises licence. 
 

Eligibility criteria

A person may apply to the relevant licensing authority for a provisional statement if:

  • they have a proprietary interest in the premises, and
  • where they are an individual, they are aged 18 or over

The guidance issued under s182 of the Licensing Act 2003 states that the applicant could be a firm of architects or a construction company or a financier.

 

Regulation summary

A summary of the eligibility criteria for this licence.

 

Application evaluation process

An application fee of £315.00 is payable at time of application and must be accompanied by a schedule of works - the latter comprises of:

A statement made on or behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are used and plans of the works being or about to be done at the premises.

Applicants are required to advertise their application at the premises and in a local newspaper that circulates in the area in which the premises are situated. If the application is not made through the online process, applicants must also give a copy of the application form and plan to the relevant responsible authorities, e.g. the chief police officer and the fire and rescue authority.

Where no relevant representations are made the licensing authority must issue a statement to that effect. This will be an indication only that the application has been properly made and advertised. If however, they are made and not withdrawn a hearing must be held before members of the licensing committee, unless all parties required by the Act agree that such a hearing is unnecessary.

The licensing authority will give a copy of the provisional statement to the applicant, any person who has made relevant representations and the Chief Officer of Police for Avon and Somerset.

 

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, which is subject to the submission of all information required and compliance with the advertising requirements. The timescale is 30 days after receipt of a valid application. 

If you are submitting this application by post tacit consent will only apply when the business can show proof of delivery from the Post Office or recognised courier.  You are also strongly advised to obtain proof of delivery of the copy sent to the Chief of Police.

Timescales for processing an application do not start until all the necessary information has been received in full.


How to apply

You can apply by completing the following:

Other forms

 

Failed application redress

Please contact your Local Authority in the first instance.

The Licensing Manager
Licensing Service
South Somerset District Council
The Council Offices
Brympton Way
Yeovil
Somerset
BA20 2HT

Telephone: 01935 462462

Contact us online

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.

The Magistrates Court
Petters Way
Yeovil
Somerset
BA20 1SW

Telephone: 01935 426281

 

Applicant redress

In the first instance please contact:

The Licensing Manager
Licensing Service
South Somerset District Council
The Council Offices
Brympton Way
Yeovil
Somerset
BA20 2HT

Contact us online

 

Appeals

An applicant, or a person who made a relevant representation may appeal to a Magistrates' court within 21 days of notice of the decision.

The Magistrates Court
Petters Way
Yeovil
Somerset
BA20 1SW

Telephone: 01935 426281

 

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.

The Magistrates Court
Petters Way
Yeovil
Somerset
BA20 1SW

Telephone: 01935 426281

 

Other redress

The chief police officer for the police area where the premises are located can apply to the licensing authority for a summary 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. The licensing authority must within 48 hours of receipt of the application consider whether it is necessary to take interim steps pending the determination of a review of the premises licence. A review hearing will be held with 28 days of receipt of the application and the licence holder and other interested parties may make representations.

A decision made by the licensing authority at a summary review of a premises licence does not have effect until the end of the period given for appealing against the decision or if the decision is appealed against, the time the appeal is disposed of.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

The Magistrates Court
Petters Way
Yeovil
Somerset
BA20 1SW

Telephone: 01935 426281


Trade associations

Association of Licensed Multiple Retailers (ALMR)
Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
Federation of Licensed Victuallers Associations (FLVA)
 

Public Register

View list of public registers.

View a list of Applications received for Premises Licences.