You can apply for a provisional statement for a premises that you:
- expect to be constructed
- expect to be altered or
- expect to acquire a right to occupy
How to apply
To apply for a provisional statement you'll need to complete a provisional statement application form and send this to us.
If your applying for a provisional statement for a vessel then you should complete the provisional statement for a vessel application form instead. You'll need to tell us additional information about the vessel.
You'll need to give:
- your details
- details of the premises
- times of operation
- a detailed plan of the proposed premises. You can find out more about this in our guidance for plans
You must put up public notices at the premises with details of the application.
A copy of that notice must also be advertised in a local newspaper.
More information and a template to follow are in our guidance for the display of notices.
You'll need to give notice of the application to each of the other responsible authorities. You'll need to fill either a:
and send a copy to each of the responsible authorities listed in our guide.
You'll be charged a fee for this application. Please make sure you are aware of how much this will cost.
A provisional statement can be useful if you want to know whether or not it's likely that a premises licence application will be granted for the premises. You can apply for a provisional statement before getting an operating licence from the gambling commission.
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. They'll give a decision as to whether, if the premises were built as proposed and a gambling premises licence was applied for, they'd consider it appropriate to:
- grant the application
- grant the application with conditions attached to the licence
- 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.
Following the issue of a provisional statement the premises can't be used for gambling activities until a premises licence has been granted. You'll need to apply for a premises licence once you have your operating licence and all other necessary information.
What will happen when I've been granted a provisional statement?
If a provisional statement has been granted you'll still need to apply for a premises licence before you can operate. However, this will be treated slightly differently to an application made by someone who doesn't hold a provisional statement.
If you hold a provisional statement and you make an application for a premises licence we will only take into account any representations received that:
- relate to matters that could not have been addressed at the provisional statement stage or
- that relate to a change in the applicants circumstances
Similarly we can only refuse the licence or grant it under different terms to those in the provisional statement if matters arise that:
- couldn't have been addressed at the provisional statement stage or
- relate to a change in the applicants circumstances
These restrictions only apply provided that the premises have been built or altered in accordance with the plans and the information given with the provisional statement application.
Further guidance about the Gambling Act is in our guide to applying for Gambling Act licences.
If you have an issue with a gambling premises you can write to us or email us to tell us about this.
You can view details of existing gambling premises licences and a list of current applications on our licensing public register.
Start the journey
More info about the journey
You will need a chequebook or to telephone us with your credit or debit card details.
You'll need a plan of the proposed premises.
You'll need to send notice of the application to each of the responsible authorities.
You'll need to put up public notices at the premises and advertise a copy of the notice in a local newspaper.
When we receive your application we'll check it to make sure it's been completed correctly. We'll telephone you if there is anything else we need.
As soon as we have the complete application and all the information we need, we'll accept it and there will then be 28 days (from the day after we accept the application) when anyone can make a representation.
If no representations are received we'll send you a provisional statement in the post.
If representations are received then a hearing must be heard before members of the licensing sub committee unless all parties agree this isn't necessary.
After the hearing we'll write to you with a provisional statement which will set out what the committee would consider it appropriate to do if a premises licence was applied for and the reasons for their decision.
What you can do if you haven't heard from us
If at least 35 days have passed since you gave us your completed application and you haven't heard from us you can act as though your application is granted.
If you are submitting your application by post then this will only apply when you can show proof of delivery from the Post Office or a recognised courier.
Timescales for processing an application do not start until all the necessary information has been received in full
What you can do if your application is unsuccessful
Please contact us in the first instance:
Licensing Manager, East Devon District Council, Knowle, Sidmouth, EX10 8HL
Tel: 01395 517410
If an application for a provisional statement is refused or conditions are added you can appeal.
All appeals must be made to a magistrates court within 21 days of notice of the decision:
North and East Devon Magistrates Court, Southernhay Gardens, Exeter, EX1 1UH
Tel: 01392 415300
You can deliver your application to our offices.
If you would like to come into the office and speak to us about your application then please telephone to make an appointment.