Types of Licence
By law there is a requirement for owners and managers of establishments which serve alcohol, late night refreshments and provide entertainment to hold relevant licences to do so.
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In simple terms a Premises Licence is required for the establishment itself and a Personal Licence for the individual who is managing the pub, club or venue on a day-to-day basis. These licences work in partnership with each other to ensure that both owners and managers understand and carry out their responsibilities. If you are an owner and you also intend to manage the establishment, you will be required by law to obtain both types of licence.
Even where an owner or manager is not selling alcohol, but where the provision of alcohol is part of a package for which the customer provides monetary consideration, the relevant licence shall be required. For example, case law has stipulated that where free drinks are given at such a time as the customer purchases something else, for example a bear mat, then the provision of a free drink and purchase of a bear mat will constitute the sale of alcohol and thus require the necessary licensing.
Be aware that any licensed premises must have what is called a Designated Premises Supervisor (DPS). This individual is the main point of contact for the Local Authority and Police, therefore they themselves must hold a Personal Licence. Usually this responsibility is assigned to the general manager of the premises, as they will have a detailed involvement in daily activity.
Obtaining a Premises Licence will certify the establishment as a legal provider of alcohol and associated activities including entertainment. Unless the licence is revoked or returned by the owner it is a permanent certification which requires the payment of an annual fee. The process itself includes application to the local Licensing Authority and in turn can include consultation with other local bodies such as the Police, Fire Service and Courts. It is important to note that changes to the premises may affect the licence. If you do plan on making changes to premises that you own, we can advise on amending your current licence as well as brand new applications.
The Personal Licence grants permission to an individual to authorise the sale or supply of alcohol within a licensed premises and will last for up to 10 years unless revoked. Owners of a Personal Licence are free to move to work at different licensed premises without having to apply for a revised licence. Obtaining this form of licence includes checks carried out by the Disclosure and Barring Service and obtaining a Personal Licence Qualification.
Offering a complete range of advisory and administration support, Franklins can guide you through the complex legal areas of obtaining licences, transfer of ownership, managing staff and selling, buying or leasing businesses with a view to becoming a licensed operation. As a business sector that carries a unique different series of responsibilities, we are proud to be able to offer a great deal of expertise and know-how in this industry.
A licence is an agreement where one party, the licensor, grants official permission to another party, the licensee, to do, use or own something. Through this agreement, a licensee can lease the rights to use a protected piece of intellectual property from the licensor.
For example, a trademark licence permits the licensee to use the licensor’s trademark regarding a specific range of products or services in return for a fee.
The following benefits apply from licensing a trademark:
Franklins Solicitors provides a comprehensive suite of licensing legal services covering various areas, including drafting, reviewing and/or amending a licence agreement and providing you with advice throughout.
Our pricing structure is designed to be transparent and competitive, albeit depending on the complexity of your licensing needs. We usually work on an hourly rate basis and will discuss and agree the fee structure upfront to ensure there are no surprises. We also provide you with fee updates as and when necessary.
What sets us apart is our personalised approach combined with our deep expertise in licensing law across various industries. We pride ourselves on our:
If you have any questions about Licensing, please don’t hesitate to contact our team of experts who are on hand and ready to help you.