Provisional Statement licence

• Apply for a provisional statement

Licence summary

A provisional statement provides applicants with a means of establishing whether a premises that is being or about to be constructed or substantially altered for the provision of licensable activities would be granted a premises licence after the building works are complete. The applicant will thereby be able to determine whether the proposed business is viable before investing significant amounts of money.

Eligibility criteria

A person may apply for a provisional statement if:

• (a) They have an  interest in the premises;
• (b) They are aged 18 or over;

NB: A “person” in this context may include a business, for example a finance company, a firm of architects, a building company. The person applying for a provisional statement does not have to be the same person who may eventually apply for the premises licence.

Regulation summary

A summary of the regulation relating to this licence can be found here: (Sections 29-32).

Application evaluation process

The fee for making an application for a provisional statement is £315. Following the issue of a provisional statement the applicant must apply for a premise licence, thus other application and annual fees involving the Non-Domestic Rateable Value (NDRV) of the premise will apply

Applications must be sent to the licensing authority for the area where the premises are or are to be located. If the premises extend over more than one licensing authority area the application must be made to the licensing authority in which the majority of the premises are situated.

An application must be accompanied by a schedule of works in the prescribed form

• a statement made by or on behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are to be used;
• plans of the work being or about to be done at the premises.
• Such other information as may be prescribed.

For hard copy applications copy of the application must be sent to each of the Responsible Authorities. For electronic applications copies will be forwarded by the Licensing Authority.

Applicants will be required to advertise their application prominently at or on the premises by way of a notice of at least A4 size on light blue paper where it can be read from the exterior.  The notice must be displayed for no less than 28 consecutive days starting on the day following the day on which it was given to the Licensing Authority.  The applicant must also advertise in a local newspaper circulating in the area of the premises on at least one occasion during a period of 10 working days starting on the day following the day on which the application was given to the Licensing Authority.  Interested parties and responsible authorities may make representations to the Licensing Authority during the 28 day advertising period.  

If there are no relevant representations within the 28 day period the licensing authority must issue the applicant with a provisional statement.  If relevant representations are received a hearing must be held unless they are withdrawn. If a hearing is held the licensing authority will decide whether or not to issue the provisional statement and give the reasons for that decision.

The licensing authority will send a copy of its decision notice to the applicant, interested parties and responsible authorities who made relevant representations.  

Will tacit consent apply?

Yes. It will only apply for applications that are submitted electronically when all the necessary information has been submitted or where the applicant can show proof of delivery from a post office or recognised courier for hard copy applications.  Applicants should be aware that the timescales for processing an application do not start until all the necessary information has been received or submitted in full.

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.

If relevant representations are received within the 28 day advertising period tacit consent does not apply and a public hearing must be held to determine your application unless successful mediation has occurred and all parties consent that a hearing is no longer necessary. The public hearing will be held within 20 working days after the last date for representation. The hearing date may be extended if the Licensing Authority considers it is in the public interest to do so.

Following the grant of a Provisional Statement, the applicant (s) will, usually at some point following the completion of works etc., need to make a Premises Licence application in readiness to commence trading.

If the Premises Licence application reflects the details of the granted Provisional Statement then relevant representations by Responsible Authorities and or Interested Parties that could have been made at the time of the application for the Provisional Statement are excluded from consideration in respect of the premises licence.

Representations may be made if the objector could not have raised such representations at the time of the original application, or, if there has been a material change to the premises or the area since the provisional statement.

Application Forms

If you wish to submit an online application see details below.

• Apply for a provisional statement

Read the instructions for online applicants.

Alternatively you can download forms from the DCMS website.

Postal applications should be sent to:

Licensing

Regulatory Services Partnership
Merton Civic Centre
London Road
Morden
SM4 5DX

Telephone: 020 8545 3969
Fax: 020 8891 7713
Email: licensing@merton.gov.uk

In case of query, please telephone Licensing on 020 8545 3969 or email us at licensing@merton.gov.uk.

Failed application redress

Please contact the Licensing team in the first instance.

If an application for a licence is refused the failed applicant can appeal. Appeals are made to Richmond Magistrates' court within 21 days of notice of the decision.

Licence holder redress

Please contact the Licensing team in the first instance.

An applicant may appeal against a decision of the licensing authority not to grant a provisional statement. Appeals are made to Richmond Magistrates' court within 21 days of notice of the decision.  

Consumer complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice will give you advice. From outside the UK contact the UK European Consumer Centre.

Trade associations

• ALMR - Association of Licensed Multiple Retailers
• BECTU - Broadcasting, Entertainment, Cinematograph and Theatre Union
• FLVA - Federation of Licensed Victuallers Associations
• IEAP - Institute of Entertainment and Arts Professionals

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