GPB Design - your 'One Stop Shop' for Licensing Act 2003 compliance

 

 
Licensing Act 2003 Specialists
 
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  FREQUENTLY ASKED QUESTIONS


Survey

1) When will my premises be surveyed once I have placed my Order?

A member of our Regional Surveying Team will contact you within 14 days of placing the Order and agree with you a date and time for the survey. To minimise disruption it is preferable to conduct the survey in the morning before opening times, although it is your decision.


2)


How long will a survey take and who has to be present?


Depending on the services required, a typical survey can take from 2 - 4 hours. The landlord/manager or an authorised person must assist the surveyor in completing a Survey Audit sheet, which covers details about the premises and identify all of the licensed public areas etc. The Survey Audit sheet will need to be signed to confirm completion of survey.


3)


How do you check the quality of the surveyors work?

All surveyors working for GPB Design are experienced and have been trained to work to GPB Design procedures and protocols which are of the highest quality.

As well as self auditing via digital photos, whereby the CAD manager checks the survey notes and photos with the CAD drawing, all surveyors have random audits of their work to ensure our high standards are met.


Premises Plan

1) Why would the Draft Copy of the Premises Plan need amending?

In a lot of cases it would not, but because the information on the Premises Plan is important to your licence application it needs to be correct. For example, you may decide to apply for a variation which allows regulated entertainment on your premises; in which case this needs to be identified on your Premises Plan. GPB Design ensure that the Premises Plan is to the prescribed format, but the applicant has the responsibility for the information on the plan.

GPB Design would advise consulting with a Licensing Authority officer at this stage in order to reassure yourself that the information on the Draft Premises Plan and indeed your Operating Schedule is what you want for your new Licence. The Licensing Authority want you to get it right first time also (less paperwork!).


2)


How many copies will I need of the premises plan?

The number required is still to be determined but will be between 6 and 9 and will be noted on the licence Application Form


3)


Do GPB Design make a charge for copies?

No, we issue the number of copies required by the Licensing Authority and a copy for the client. GPB Design do not have any 'hidden charges' at all.


4)


What if I need to make a new application in the future. Will I need a new survey?


No. As long as the premises layout has not altered significantly there is no need for another survey. Just make what changes you require on your copy and we will amend it for you at minimal cost.
Remember, GPB Design aim to be your long-term partners, so we always give value for money.


5)


When do I receive the invoice?

An invoice is issued with the Draft Premises Plan, and with the issue of Risk Assessments and DDA access survey reports.


6).


I have existing plans. Can they still be used?


No. The premises plan needs to be to a prescribed format and although your existing plan (for Justices' Licence for example) may show some required information it will not show all of it. However, an existing plan would be helpful to the surveyor in his measured survey, and if the quality and scale was suitable, you may obtain a discount if the survey time is reduced significantly as a result.


Fire Risk Assessment

1) I do not need a Fire Risk Assessment as I employ less than 5 people?

Incorrect. You still need to carry out a risk assessment of your workplace - it just does not need to be 'recorded'. To have a Fire Risk Assessment, properly recorded by a reputable company means peace of mind, shows compliance with the legislation, assists with your Licensing application (Public Safety is one of the Licensing Objectives and you are expected to show on the Operating Schedule how you intend to promote the objectives), could reduce your insurance premiums, and potentially avoid costly fines and/or imprisonment. It could also save lives - customers, staff and even yours!


2)


Does the Fire Risk Assessment need to reviewed?


Sooner or later you may introduce changes in your premises that will have an effect on your fire risks and fire precautions so it is important to review your assessment in light of the new hazard or risk.
The 'responsible person' on the premises should review the assessments, with the local fire officer if necessary, but we would be happy to assist you if required but the clear information that we provide should be more than adequate for you to do it. (if it is not - we want to know about it!).


Health and Safety Risk Assessment

1) What is involved in the Health and Safety Risk Assessment?

A qualified assessor will conduct a survey at a date and time suitable to you. The resulting Health and Safety Risk Assessment is a live document and as such must be reviewed at timely intervals or when anything changes.


2)


Will the policy be specifically tailored to our business?


Yes. Every premises is different. Our Health and Safety policy is specific to yours. We assist our clients further by including simple, easily understood and easily manageable procedures designed to address the findings of the assessments.


3)


Do I need risk assessments for my licence application?

It is advisable to check with your local Licensing Authority and ‘responsible authorities’ such as the health and safety authority. They may need suitable risk assessments to be included in the Operating Schedule.



Disability Discrimination Act (DDA) access survey

1) What does Phase 3 of the DDA actually cover and from when?

From October 2004 businesses may have to make physical alterations to their premises to overcome access barriers. This might include putting up clearer signs for visually impaired customers, installing ramps/handrails to improve disabled access, correct table/counter heights, highlighting danger areas or removing obstacles. Problems and solutions vary from one premises to another.


2)


What if the cost of making the adjustments is too much?


The DDA refers to 'reasonable adjustments'. If the cost of an alteration is not presently viable an access audit would note this in a report of your building and attempt to find a more reasonable solution.


3)


Are listed building exempt?

No, although there are restrictions on how listed buildings can be altered.


4)


What if I do not do anything about complying with DDA?

You may possibly have to defend a costly legal action. But you may also be losing valuable custom, especially if your competitors are making improvements. Between 14% and 24% of the population has a disability or are closely involved with a disabled person - that is a quarter of all potential customers or employees. With such huge spending power (£40 - 50 Billion) the improvements suggested by DDA could benefit you enormously.


The Licensing Act 2003

1)

What is the process of making variations to a premises licence?

If you are currently licensed to carry out any of the licensable activities you will be able to vary that licence if you want to, for example changing opening hours, providing additional entertainment, removing existing conditions, etc.

If you already undertake an activity that is going to become licensable under the new regime you will also need to apply for a variation.

If you apply for a variation, you will have to show how you will meet the licensing objectives. Other people will have the opportunity to object to your proposals.


2)


What about my 'grandfather' rights?


If you already have a permanent licence to sell or supply alcohol, provide public entertainment or provide late night refreshment you will have 'grandfather' rights.

This means that you will be able to transfer your existing licence, with the same conditions, to a premises licence under the new system. If you are an individual licensed to sell alcohol, you will also have 'grandfather' rights to apply for a personal licence.


3)


What is a designated premises supervisor and what is their role?


A designated premises supervisor (DPS) is the person identified as such for a particular premises who is named on the premises licence. Any premises where alcohol is supplied under a premises licence must have a DPS. They will be named in the operating schedule and are expected to be the point of contact for licensing authorities, police or the fire service. The DPS does not have to be the premises licence holder, although they are sometimes the same.

Any application for a premises licence must also include a form of consent by the person nominated to be the DPS.

The DPS is expected to spend a significant amount of time on the premises and should be contactable otherwise.


4)


Who can obtain a Personal Licence and how long do they last?


A personal licence will last for ten years (subject to provisions regarding surrender and forfeit) and applicants must hold a licensing qualification, unless they already hold a justices' licence. Other criteria also apply.


5)


Is every club eligible to be a Qualifying Club?

No. Proprietary clubs run for the purposes of profit are not eligible to become qualifying clubs.


6)


What fee is payable to the Licensing Authority?

Confirmation of the finalised figures by Government is awaited, but they are expected to be as below:

Personal Licence = £37

Premises Licence

Fee is based on which NDRV (Non Domestic Rateable Value) band premises are in:

- Band A (£0 - £4,300) = £80
- Band B (£4,301 - £33,000) = £150
- Band C (£33,001 - £87,000) = £250
- Band D (87,001 - £125,000) = £350
- Band E (£125,001 and over) = £500
- Premises not in a NDRV band = £80


7)


What are the governments licensing objectives?

  • prevention of crime and disorder
  • prevention of public nuisance
  • public safety
  • protection of children from harm


8)


Who are the ‘responsible authorities’?

These include the police, fire authority and health and safety authority for example.