Community premises can apply to have the standard mandatory conditions relating to alcohol removed. The standard mandatory conditions require that an individual, who must hold a personal licence, is named on the Premises Licence as the designated premises supervisor (DPS). The DPS has overall responsibility for the sale of alcohol. The mandatory conditions also require all sales of alcohol to be made or authorised by a person who holds a personal licence.
Where such an application is granted an alternative condition will be placed on the licence which states that all sales of alcohol to be made on such premises must be authorised by the management committee.
They include premises such as church halls, chapels and community and village halls.
The guidance from the Government advises that where it is not clear whether premises are “community premises”, the matter should be approached on a “case-by-case” basis, with the main consideration being how the premises are predominantly used, for example:-
Only the management committee of the premises can apply under this procedure. The application form requires the applicants to provide the names of the management committee’s key officers to the Licensing Authority.
Where a community premises already has a premises licence to sell alcohol, but wishes to benefit from the relaxation in the requirements regarding DPS, the management committee should apply by submitting the form together with the fee. (The current premises licence must be held in the name of the management committee, if this is not the case a transfer application must be made first)
An application for a major variation to the premises licence should be submitted to add sale of alcohol to the licence. This should be accompanied with the application form to remove of the mandatory DPS condition.
Such premises also need to be aware that once sale of alcohol is included on the premises licence they will no longer benefit from the community premises exemption from paying fees and therefore will also incur an annual fee.
A new Premises Licence application that includes sale of alcohol should be submitted which should be accompanied by the form to disapply the mandatory condition requiring a DPS.
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Application form for community premises to disapply the mandatory condition requiring a designated premises supervisor This form is to be completed by the community premises management committee named on the premises licence as the premises licence holder. |
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Documents to identify how the community premises are managed This could be the management committee's terms of reference or constitution. |
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Copies of any hiring agreements This could be the hiring agreements signed by third parties when they hire the community premises for an event. We would expect some reference on the hiring agreement to responsibilities for sale of alcohol. |
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Copy of application form to the Police The licensing team will email a copy of your application to the Police on your behalf. |
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Fee NB - There is no fee to be paid for this application if the community premises committee is simultaneously making a new premises or variation application. |
You can apply online through gov.uk. There is facility to pay online through gov.uk website.
Apply by email, post or deliver by hand.
If you apply by email, post or deliver by hand you will need contact the licensing team and make the payment over the telephone
Existing Premises Licence holders that already have alcohol included on their licence must pay the prescribed fee of £23.
Premises that do not currently have alcohol included on their premises licence must pay the major variation application fee to vary the licence to include alcohol. There is no extra charge for the application to disapply the mandatory conditions if that is submitted at the same time.
Premises that do not hold a premises licence must submit and pay the fee for a new premises licence application and there is no extra charge for the application to disapply the mandatory conditions if submitted at the same time.
The Licensing Authority must first be satisfied that the premises are operating as a community premises. They must then be satisfied that the management committee can ensure that alcohol sales can be properly supervised. This will include considering the committee structure and how they will control sales of alcohol if the premises are hired out for a private event. This may involve the committee having a hiring agreement with the hirer that includes a written summary of the hirers’ responsibilities under the 2003 Act in relation to the sale of alcohol. Model agreements are available through organisations such as ACRE and Community Matters.
Only the police can object to the application to disapply the mandatory condition requiring a DPS and this can only be exceptional circumstances where they believe the application will have impact on the crime and disorder objective. In such a case they must issue an objection notice and the licensing authority must then hold a hearing in order to reach a decision on whether to grant the application. The decision can be appealed by either party.