Home
Getting the most out of EPOS
Is EPOS for me?
EPOS Benefits
PayPoint
Links
Applying for an off licence
(England & Wales)
Is your shop appropriate for an off licence. If you have been holding back because of the high cost, then there is no need. I have applied for a licence, and all that it takes is time and patience. The law has changed a little, so for starters, look at the current law, by searching on Google. If you do not feel confident after reading this page, you can employ the services of a solicitor. Choose one specialising in licence applications. The cost will be in excess of £1500, and there are no guarantees.
There is a new act coming into force sometime this year. The Licensing Act 2003. You will need to telephone the local Justice Court for guidance. See www.bassetlaw.gov.uk/index/council-services-c1/law-and-scrutiny-s5/licensing-laws-u9.htm as well. Whe you know which Act applies, it is worth getting a copy from www.tso.co.uk/bookshop/bookstore.asp, or get to read it at youe library.
What are the steps? First, you need to make your application with proscribed information to the Justices. Forms are available to download at www.oyezformslink.co.uk/licensing.aspp This information includes a local map of your location, with all other licences identified, and a layout of your shop showing the position that you intend to place alcohol. The Court maintains a list of licences on public view, that is useful for creating the map. Second, you have to notify people who might object: you have to individually notify the police, fire brigade and trading standards officer. Lastly, you need to put a notice in a local paper. The timing of each of these steps is critical, and revolve around days prior to the next licencing session. I will leave it to you to check the precise wording of these requirements, but be warned that any breach is crucial, and may lead to summary dismissal. This does not stop you applying to the next session.
Now for my own experiences. After making my application, the police visited and insisted that the alcohol should be placed behind the counter. As we considered this to be totally impractical, we just ignored this injunction, and it was never raised in court. The Justices paid a visit but made no real comment. My first application was rejected because the local paper had misprinted my address. The second because the Fire Brigade had confused my application with an earlier application for the premises, as a restaurant. This had produced a whole book of requirements - but when it was sorted out, they only wanted a water extinguisher by the door. I delivered all of the notices by hand, and could swear on oath that they were delivered at the correct time. It is possible to send them by recorded delivery, but this adds to the precise calculation of the date. I believe that posted notices are assumed to arrive 24 hours after posting.
The first application produced three written objections, but by the third, this had come down to one solicitor representing two chains; Thresher and the Coop. He was ill-informed. His only information was based on looking through our door on the same morning. I was asked about my previous experience selling alcohol. I had held a licence before. Some licencing areas now require applicants to take a prescribed course, before applying. The court will be helpful if you telephone.
The question that you will want answering, is does representing yourself carry a risk of rejection? I can only give my own experience. The Justices seem impartial. They might even have been more favourable. The Court officials did seem obstructive. They always keep you waiting, it seemed, until all cases represented by solicitors are dealt with. This means that each visit can and probably will take you a whole day. You cannot come back later as no idea of the order is given and you could be called at any time. They were very pernickety about details. You may think that this is justified, but while waiting to be heard, you get a chance to observe how slack solicitors can be without any problems. One solicitor who was asked if the necessary notices had been given, said that he had only taken on the case that morning, but that Mr Smith, who had been handling the case, was most particular, and he was sure that they would have been served appropriately. This was accepted. After the second time of rejection, I telephoned the court and made my suspicions known. On the third occasion, the Clerk to the Justices excused himself when my case was called, to be repaced by someone else. He returned immediatly afterwards. I conclude that they are sensitive to critiscism.
Once you have your licence, you have to show an official notice on your premises. These are traditionally painted above the door, but this is not required. The licensee is responsible for all that goes on, so there are advantages in having two licensees, to cope with illnesses, etc.
This guidance does not provide a step by step guide, but do not be discouraged. You can suceed. You will only waste time if you fail. Let me know of your own experiences, so I can add further information to this sheet.
Dave
Visit eBay listings
Thursday, 6 September, 2007