Content

Overview

You can apply for a provisional statement if your premises hasn't been built yet or if it's being extended or altered for the purpose of being used for licensable activities and you want to know whether or not it's likely that a premises licence would be granted for the premises.

If you apply for a provisional statement this will give responsible authorities and any other people the chance to make representations about the application. If representations are received the application will be heard by the licensing sub committee and they'll give a decision as to whether, if the premises were built as proposed and a premises licence was applied for, they'd consider it appropriate to:

  • attach conditions to the licence
  • rule out any of the activities applied for
  • refuse to specify the named person as DPS
  • reject the application 

You'll then be sent a provisional statement giving details of the decision. This can be useful if investors want some assurance before providing funds.  

You'd usually only need to apply for a provisional statement if you don't have one or more of the following:

  • a clear plan of the proposed structure
  • the activities to take place and timings of such activities
  • the premises opening hours
  • where the licence is only required for a limited period, dates of that period
  • the steps to be taken the promote the licensing objectives
  • a DPS if the sale of alcohol is involved

If you already have all of the above information then you can apply outright for a premises licence even if the premises has not been built yet.

Following the issue of a provisional statement the premises can't be used for any of the licensable activities until a premises licence has been granted. You'll need to apply for a premises licence once you have all of the necessary information.

What will happen when I apply for a premises licence?

If a provisional statement has already been given you'll still need to apply for a premises licence. However, when you make the application for a premises licence, representations will be excluded if:

  • the application is in the same form as the licence described in the provisional statement
  • the work in the schedule of works has been completed satisfactorily
  • given the information provided in the application, the person making a representation could have made the same representation at the time the provisional statement was applied for but failed to do so (without reasonable excuse)
  • there has been no material change in the circumstances relating to either the premises or the area in the proximity of the premises since the provisional statement was made

How to apply

You can apply for a provisional statement online or in paper form.

Restrictions

You can only apply for a provisional statement if:

  • you have an interest in the premises, and
  • if you are applying as an individual, you are aged 18 or over

Guidance

Further guidance about premises licences, the effect of the Act and the licensable activities is in our GN1 guide to the Licensing Act 2003.

Legislation

Licensing Act 2003

Complaints

If you have an issue with a licensed premises there are different people you should contact depending on the problem.  

Public register

You can view details of existing premises licences and a list of current applications on our licensing public register.

Trade associations

Association of Licensed Multiple Retailers (ALMR)

Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)

Federation of Licensed Victuallers Associations (FLVA)