Q. For certain types of business do I need more than 1 permission from the Council?
A. Yes. Each permission is separate, for instance if you wanted to turn a shop
into a restaurant you would need a “Change of Use” under planning and a “Premises
Licence” under the Licensing Act.
Why do I need a licence?
A. To carry on certain activities such a selling alcohol, gambling etc you
need authorisation from the state. This authorisation takes the form of licenses
and planning permission and they are necessary to ensure public
of an area or controlling crime etc.
Q. If I possess one type of licence does this exempt me from planning permission
and other licenses?
A. No. Separate authorisations are needed for each of the licensable activities
or use of the premises.
As a business do I need Planning Permission to extend my
hours of operation?
A. Yes if there is a condition on your original permission which restricts
Q. Do I need Planning Permission to change the use of my premises ie from a shop
to a cafe?
A. Yes in virtually all cases. See
Use Classes and please call to discuss as
you also may need specific licences.
Q. Do I need Planning Permission for new access to my property?
A. Yes if the access is onto a “classified road”.
Q. Do I need Planning Permission to extend my house?
A. Yes if close to the highway or using large area of garden or higher than original
house or over 10% increase in volume or is a listed building/conservation area.
Q. What is a Design and Access Statement?
A. A Design and Access Statement is necessary for most planning applications
and they explain the design thinking behind the application including justification
for the scheme. They may include artists impressions, description of materials
or photographs to illustrate key points.
Q. Do I need Planning Permission to build a garage or shed?
A. Yes if the building is for a non domestic use or is very large or fills a
large percentage of the garden.
Q. Do I need Planning permission to extend into the loft space?
A. Yes if any windows/dormers face the highway or the space is greater than 40m³
in volume or the work will increase roof height or the premises are a listed
building or in a conservation area.
Q. Can I appeal a decision by the Planning Authority?
A. Yes a number of options are open but you must act quickly please call to discuss.
Q. Must I comply with a planning enforcement notice?
A. There is an appeal option if you consider that permission should be granted,
permitted development, late notification, incorrectly served, steps unreasonable
or time given too short.
Shops, Post Offices, Hairdressers etc.
A2 Financial and Professional
A3 Restaurants, Snack Bars and Cafes.
A4 Pubs and Bars.
B1 Business. Offices, Light Industry
B2 General Industrial.
B3-B7 Special Industrial Groups.
B8 Distribution, incl Open
C2 Residential institutions and Care
C3 Dwelling Houses.
D1 Non-residential Institutions.
D2 Assembly and Leisure incl
Q. What is licensed under the Licensing Act?
A. A license is required to sell alcohol, provide “regulated
entertainment” (see below) and “late night refreshment” (see
Q. What is Regulated entertainment?
A. The law defines regulated entertainment as Plays, Films, Indoor
sport, Boxing/wrestling, Live music, Recorded music or dancing.
Q. What is late night refreshment?
A. The law defines late night refreshment as, serving hot food
or hot drink to the public between 23.00 hours and 05.00 hours,
on or off the premises.
Q. Who can apply for a premises licence?
A. Section 16 states that the Business owner, Company, Club,
Charity or Organisation may apply for the licence. It does not
need to be a named individual.
Q. Can the Council routinely place standard conditions on your
A. No. The Council can only attach limited conditions without
Q. Do I need floor plans to submit an application?
A. Yes. Regulation 23 sets out the requirements for the plans which must be drawn
to a scale of 1:100 and include a range of specific data. LGS.uk has a network
of specialist surveyors who can draw plans which will meet these legal requirements.
Q. Do I need to advertise my application?
A. Yes. Virtually all applications will need to be advertised in the “public
notices” section of a local newspaper. You must place this notice together with
an A4 sized notice in the window of your premises. Failure to place these notices
means your application is invalid. LGS.uk will provide the notice for
the premises and place the advert in the local paper.
Q. How long does a premises licence last?
A. The premises licence lasts for the life of the business. There is no annual
renewal or application process however you will need to pay an annual charge
(see charges section below)
Q. What happens if someone complains about my application?
A. The Council will need to decide if the complaint is “relevant” and if so hold
a formal hearing. LGS.uk can negotiate with statutory authorities and
represent you at any formal hearings to ensure you get the best deal possible.
Q. Does the “2 in the bar rule” still apply?
A. No. You have no automatic rights to stage any entertainment on the basis of
your authorisation to sell alcohol.
Q. What’s the purpose of a personal licence?
A. Anyone with a personal licence can authorise the sale of alcohol at any place
with a valid premises licence.
Q. Do all staff selling alcohol need to hold a personal licence?
A. No. However the sale must be authorised by a personal licence holder.
Q. How do I make an application?
A. You must submit your application to the Council were you live. LGS.uk can
provide a complete service to make this application for you.
Q. What are the Regulations and Orders?
A. The 9 Regulations and Orders provide the detail of the law. For instance application
processes and details of notices and floor plans are all contained in Regulations.
Q. What are the Licensing Act objectives?
A. The Act promotes the following 4 licensing objectives. Prevention of crime
and disorder, public safety, prevention of public nuisance and protection of
children from harm.
Q. What does the Gambling Act replace?
A. The new Act replaces the Betting, Gaming and Lotteries Act 1963, The Gaming
Act 1968 and The Lotteries and Amusements Act 1976
Q. When does the new law start?
A. The Act was passed by parliament in April 2005 and the start date for conversion
applications is likely to be January 2007.
Q. What applications will be necessary?
A. There are 3 main types of licence, an operating licence, premises licence
and personal licence.
Q. What is an operating licence?
A. Any operator will require one or more 10 types of operating licence. These
licenses will be issued by the Gambling Commission.
Q. What is a premises licence?
A. In addition to an operating licence the premises must be licensed by the local
Q. What is a personal licence?
A. In addition to the operating licence and premises licence certain persons
are required to holds a personal licence from the Gambling Commission.
Q. What are the Regulations and Codes of Practice?
A. The Regulations and Codes provide the detail of the law. For instance application
processes and details of notices and floor plans will all be contained in Regulations.
Q. What is the Statutory Guidance?
A. The Act states that the Gambling Commission should produce guidance on the
new law. This Guidance sets out to explain what the law means to both Councils
Q. Which is more important the Guidance or the Act?
A. The Act is the law and it is this document that the Courts will consider when
there are any disputes. The Act is therefore more important although the law
does require Councils to “have regard” to the guidance.
Q. What are the Gambling Act objectives?
A. The Act promotes the following 3 licensing objectives. Preventing gambling
from being a source of crime, being associated with crime or being used to support
crime. Ensuring that gambling is conducted in a fair and open way and protecting
children and other vulnerable persons from being harmed or exploited by gambling.
Q. What do LGS.uk fees include?
A. The fees published are an indication of the typical charge usually based
on the Non Domestic Rateable Value (NDRV) of the business. Our fees are fully
inclusive, namely they include ALL Council charges and statutory consultation
and public advert.
Q. How do you charge for your services?
A. Rather than quote you an hourly rate or fee and then ADD Council charges,
notices, public adverts, consultation, postage, telephone calls and correspondence
etc we quote you an ALL INCLUSIVE fee plus VAT.
Q. Can you draw floor plans that meet the requirements of the new law?
A. Yes. LGS.uk has a network of specialist surveyors who can draw
plans which will fully meet the requirements of the law. The fee quoted on
the web site is based on typical premises for that NDRV. As a guide our fees
are based on a maximum m2 per NDRV namely Band A (100 m2), Band B (200 m2)
and Band C (300 m2). If your premises are larger than these areas you will
be charged an additional fee.
Q. What is the Support Service?
A. The support service provides you with a free phone support line and discounted
fees for representation work. The fee includes the annual charge payable to
Q. What about other statutory services, can you help?
A. As Chartered Surveyors we can help with a range of other services such as
Planning permission (which may be necessary to extend your hours).