New Premises Licence

You should refer to section 1 of and schedule 1 to the act or contact your local licensing authority for full details of the definitions of regulated entertainment.

Box A: Plays

• A performance of any dramatic piece, (including rehearsal), whether involving improvisation or not, which is given wholly or in part by one or more persons present; AND
• Performing in which the whole or a major proportion of what is done by the person(s) performing, whether by way of speech, singing or action, involves the playing of a role.

Box B: Films

Any exhibition of moving pictures except where its sole or main purpose is to demonstrate a product, advertise goods or services or provide information, education or instruction, or if it consists or forms part of an exhibit put on show for any purposes of a museum or art gallery. The use of television or radio receivers is not licensable, except for the showing of pre-recorded programmes.

Box C: Indoor sporting event

A sporting event is defined in the act as any contest, exhibition or display of any sport 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 which takes place wholly inside a building, and at which the spectators are accommodated inside that building. This includes any roofed structure and could be a vehicle, vessel or moveable structure.

A venue with a roof that opens and closes is regarded under the act as being an outdoor event and sporting activities in such venues are not licensable under the act. But note that other activities at such venues (such as the sale of alcohol or live music) are licensable.

Box D: Boxing or wrestling entertainment

Unlike other sports, boxing and wrestling is licensable whether held indoors or outdoors.

Box E: Live music

Music includes vocal or instrumental music or any combination of the 2. The old '2 in a bar' rule will no longer apply under the new licensing regime. Live music will therefore require a licence regardless of the number of participants. The performance of live music, if it is incidental to some other activity, which is not in itself regulated entertainment, is not licensable.

Box F: Recorded music

Your licence does not have to cover the playing of recorded music if it is incidental to some other activity which is not itself regulated entertainment, as this would be exempt. For example, background music in a supermarket is likely to be considered to be incidental. If you have a jukebox or a disc jockey at your premises you need to consider whether, in your particular case, this is incidental music or whether it is a licensable activity. If in doubt, discuss this with your licensing authority.

Box G: Performances of dance

Morris dancing or any dancing of a similar nature is not licensable, nor is the performance of unamplified live music as an integral part of such dancing.

Box H: Entertainment of a similar description to that falling within (e) live music, (f) recorded music or (g) performance of dance

Box I: The provision of late night refreshment

You should refer to section 1 and schedule 2 to the act or contact your local licensing authority for full details of the definitions of late night refreshment.

This covers the supply of hot food or drink between 11:00 p.m. and 5:00 a.m., although there are several exemptions. Hot drinks consisting of, or containing alcohol, should be authorised under the supply of alcohol, rather than late night refreshment.

A hot drink from a vending machine where the customer inserts the payment into the machine and the drink is supplied directly by the machine is not licensable, but would be if a member of staff takes the money or serves the drink.

Free hot food or hot drink is not licensable, nor is that supplied by a registered charity or by a person authorised by a registered charity.

Hot food or hot drink supplied on a vehicle, which is not permanently or temporarily parked at the time is also exempt.

There are also exemptions that apply to hotel guests, certain employees or particular trades or professions. Supplies of hot food or hot drink on or from premises already licensed under certain other acts - for example, those used as 'near beer' premises in London. If in doubt, you should contact your licensing authority.

Box J: Sale by retail of alcohol

If you wish people to be able to consume alcohol on the premises, please tick 'on'. If you wish people to be able to purchase alcohol to consume away from the premises, please tick 'off'. If you wish people to be able to do both, please tick 'both'.

Designated premises supervisor

If you intend to sell alcohol, you should give details of the person who you wish to be the designated premises supervisor (DPS) under the new licence. The DPS will need to hold a valid personal licence. In many cases, this will be the premises licence holder, but you can choose to name someone else. There is only one DPS for each premises (but any number of personal licence holders) and it is usually, but not necessarily, the person who has day to day responsibility for the premises. You will also need to submit a 'DPS consent form' signed by the person you wish to be your DPS (you need to do this even if this is the same person who is applying for the premises licence) to confirm that he/she is happy to take on this role. The form is prescribed, and is available on request from your licensing authority or you can print or download it from the Business Link or Home Office websites. The form should be included with your application (see checklist).

Box K

This asks you to give information about anything to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children. For example (but not exclusively) nudity or semi-nudity, films for restricted age groups or gambling. You do not need to give details here of amusement with prize (AWP) machines. You do not complete this section if it does not apply to your premises, but rather than leave blank, it would be better to write 'none' or 'N/A' to be clear that you have considered this, rather than simply forgotten to complete the box.

Box L: Hours premises are open to the public

It is important for responsible authorities, interested parties and the licensing authority to know how long your premises is open. This is in addition to the times when licensable activities will take place. This is the case even for times when no licensable activities take place. For example, it might be necessary and proportionate to ensure that licensable activities finish in good time before the premises closes to the public to allow orderly departure. You should indicate whether any of the 'seasonal variations' to and 'non-standard timings' for licensable activities, would affect the hours the premises are open to the public, in the spaces provided. You may also wish to consider whether there will be any seasonal variations or non-standard timings when the premises will be open to the public at different times for non-licensable activities. For example, opening early to provide breakfasts during the summer holidays.

M: Steps to promote the licensing objectives

You are asked to describe the steps you intend to take to promote the 4 licensing objectives:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

Don't forget that you should already be abiding by relevant legislation in other areas. Your starting point should be compliance with these requirements. If you feel there is nothing more you need to do, then you might wish to write 'N/A' or something like 'nothing beyond existing health and safety/fire safety etc requirements'. This shows you have considered the objectives and come to a decision that you have nothing additional to do and not that you have forgotten to write anything in this section. Of course, if a responsible authority for one of the licensing objectives considers that you need to do more, they will be able to make representations. If you have concerns, you may find it useful to talk to the relevant responsible authority before completing the form. 

If you do intend to take additional measures, you should consider carefully what to include. Anything you put down here is likely to become a condition of your licence. Failure to meet those conditions would constitute an offence under the act. You should therefore think carefully about adding conditions to ensure that they are achievable, realistic, appropriate, proportionate and within your control. Base your response on a proper, common sense consideration of the risks and what you can realistically do to mitigate them. In the 'general box', list the steps you will take to promote all 4 licensing objectives together, for example, employing additional staff.