To carry out licensable activities from premises you'll need to apply for a premises licence.
Under the Licensing Act 2003 these licensable activities are:
- the retail sale of alcohol
- the provision of regulated entertainment
- the provision of late night refreshment
The Licensing Act 2003 provides a clear focus on four statutory objectives which must be addressed when licensing functions are undertaken. These are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Who can apply
Any person (aged 18 or over) who is carrying on, or who proposes to carry on, a business which involves the use of premises (any place including one in the open air) for licensable activities can apply for a premises licence. This can be for a permanent basis or for a time limited period.
A person in this context can be:
- an individual
- a business
- a partnership
- a charity
- a hospital
- a school
Under the Licensing Act 2003 premises can be any place including:
- a building
- a moveable structure
- an open space
- a vehicle or vessel
Please note, when submitting an application make sure your form is completed correctly and accompanied by the relevant fee and supporting documents, otherwise your application may be rejected.
Before you apply
Please read the premises licence supporting documents and information to find out what's required of you as part of your application and what you'll need to provide for your licence. This includes descriptions and definitions of:
- the operating schedule
- the plan of the premises
- list of responsible authorities
- regulated entertainment
- late night refreshment
- mandatory conditions
- content of notice (for premises display and advertisement in the local newspaper)
How to apply
You must apply for a premises licence to the licensing authority for the area in which the premises is situated. You can apply online or by post.
You can apply and pay online on the GOV.UK website. You'll need to download a copy of the application form and fill this in using Adobe Acrobat Reader.
You'll also need to upload any accompanying documents.
You can apply by post by sending your completed application form for a new premises licence or consent to be specified as the designated premises supervisor, along with any accompanying documents, to: Barnsley Metropolitan Borough Council, Licensing, Legal Services, PO Box 634, Barnsley, S70 9GG.
Please make sure you enclose a cheque for the correct amount, made payable to Barnsley MBC. Your application isn't valid without the inclusion of the necessary payment.
Your application must include:
- the required fee
- an operating schedule
- a plan of the premises
- if alcohol is to be sold, the name of the designated premises supervisor
- confirmation that the application has been simultaneously served to the appropriate responsible authorities.
All fees under the Licensing Act 2003 have been set centrally by the government. See the Licensing Act 2003 fees to find out how much your application will cost.
What happens next
Please read the premises licence approval process for further information about how all applications and changes are processed, including:
The responsible authorities have 28 consecutive days to consider the application served upon them. These are public bodies that must be fully notified of applications and that are entitled to make representations to the licensing authority in respect of the application. All representations made by responsible authorities are relevant representations if they concern the effect of the application on the licensing objectives. See a list of the responsible authorities.
When serving the application on the licensing authority, you should simultaneously serve copies of the application and the plan on all relevant responsible authorities. Your application is not valid until this has been completed. If the application is made online, we'll serve copies on all relevant responsible authorities on your behalf within one working day.
Members of the public also have a 28-day period within which to consider making a relevant representation.
We hold a hearing where valid objections or representations from responsible authorities or any other person, whether or not they live or have a business in the vicinity, are received.
A representation is not relevant if it does not directly relate to the application and to the promotion of one or more of the licensing objectives. Representations can be negative (objection) or positive (in support) of the application and must be made in writing or by email.
Granting the licence
Where no objections or relevant representations are made by responsible authorities or the public, the licensing authority must grant the premises licence on the 29th consecutive day, subject only to the mandatory conditions and the operating schedule.
Tacit consent applies for this licence. This means that you will be able to act as though your application is granted if you have not heard from the licensing authority by the end of the target completion period of 60 calendar days.
However, if relevant representations are received, the licensing authority must hold a hearing and consider the representations, unless successful mediation has occurred.
The timescales for processing an application do not start until all the necessary information has been received in full. Tacit consent will only apply to applications that are submitted electronically via the GOV.UK website, or when the applicant can show proof of delivery from a post office or recognised courier.
- ALMR - Association of Licensed Multiple Retailers
- BECTU - Broadcasting, Entertainment, Cinematograph and Theatre Union
- FLVA - Federation of Licensed Victuallers Associations
If you want to make a complaint about a licensed premises, please contact us.
Please also see our review of a premises licences.