Frequently Asked Questions

Premises Licence

 

Licensing Policy

 

The Licensing Policy was reviewed in Autumn 2010

Fareham Borough Council's Licensing Policy (278 Kb) PDF logo

 

Licence Summary

To provide late-night refreshments and regulated entertainment, and sell alcohol, you need a licence from the local authority if you are in England and Wales.

 

Eligibility Criteria

Any of the following may apply for a premises licence:

  • anyone who uses carries on a business in the premises to which the application relates
  • a recognised club
  • a charity
  • a health service body
  • a person who is registered under the Care Standards Act 2000 in relation to an independent hospital
  • a chief police officer of a force in England and Wales
  • anyone discharging a statutory or function under Her Majesty's prerogative
  • a person from an educational institute
  • any other permitted person

Applicants must not be under 18 years of age.

 

Regulation Summary

A summary of the regulation relating to this licence (this is an external hyperlink)

 

Application Evaluation Process

Applications must be sent to the licensing authority for the area where the premises are located.

Applications must be in a specific format and be accompanied by any required fee. An operating schedule, a plan of the premises and a form of consent from the premises supervisor (for applications where the sale of alcohol will be a licensable activity).

 

An operating schedule will include details of:

  • the licensable activities
  • the times when the activities will take place
  • any other times when the premises will be open to the public
  • in the case of applicants who wish to have a limited licence, the period the licence is required for
  • information in respect of the premises supervisor
  • whether any alcohol that is to be sold is for consumption on or of the premises or both
  • the steps proposed to be taken to promote the licensing objectives
  • any other required information

Applicants may be required to advertise their application and to give notice of the application to any other person or responsible body, eg the local authority, chief police officer or fire and rescue authority.

 

The licensing authority must grant the application, which can be subject to conditions. A hearing must be held if any representations are made in respect of the application. If a hearing is held the licence can be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.

 

The licensing authority will serve a notice of its decision on the applicant, any person who has made relevant representations (ie representations that were not deemed frivolous or vexatious) and the chief of police.

 

Applications can also be made to vary or transfer a licence. A hearing may have to be heard if representations are made or conditions relating to a transfer are not met.

 

Other applications that can be made are applications for an interim authority notice following the death, incapacity or insolvency of a licence holder or review applications.

 

Will Tacit Consent Apply?

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact email customerservices@fareham.gov.uk.  You can also register with the UK Welcomes service (this is an external hyperlink).

 

Apply On-line (for postal applications see below)

 

Apply by Post (for on-line applications see above)

 

Print the relevant form and send with a cheque for the correct amount (made payable to Fareham Borough Council) to: The Licensing Officer, Regulatory Services, Fareham Borough Council, Civic Centre, Civic Way, Fareham PO16 7AZ.

 

Failed Application Redress

Please phone 01329 236100 or email customerservices@fareham.gov.uk in the first instance.

 

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

 

Licence Holder Redress

Please phone 01329 236100 or email customerservices@fareham.gov.uk in the first instance.

 

If an application is made by the chief police officer, as detailed below, and interim steps are taken by the licensing authority you may make representations. A hearing must be held within 48 hours of your representations.

 

A licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor.

 

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

 

Consumer Complaint

 

An interested party or responsible authority may apply to us to review the premises licence. A hearing will be held by us (Fareham Borough Council).

 

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

 

Other Redress

The chief police officer for the police area where the premises are located can apply to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A hearing will be held and the licence holder and other interested parties may make representations.

 

A chief police officer can give a notice to the licensing authority if they believe that the transfer of a licence to another, under a variation application could undermine crime prevention objectives. Such a notice must be given within 14 days of receiving notification of the application.

 

An interested party or responsible body may make representations in relation to a licence application or request the licensing body to review a licence.

 

An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority.

 

A chief police officer may make representations to the licensing authority for a review of the licence if the premises are licensed to sell alcohol by retail and a senior member of the force has given a certificate to state that in their opinion the premises are associated with serious crime, disorder or both.

 

An interested party or relevant authority who made relevant representations may appeal against the granting of a licence or against any condition, variation, licensable activity or premises supervisor decisions.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

 

Trade Associations

 

 

Further advice and guidance

 

Registers

Licence Reviews

  

If you require any further information or have any concerns about a premises please email us at customerservices@fareham.gov.uk or telephone 01329 236100.
 

Frequently Asked Questions

What will licences be required for?
Under the new Act there are 3 licensable activities:- Sale or Supply of Alcohol (inc. clubs) Provision of hot food or hot drink between 11pm and 5am Regulated entertainment (must be for the public or in clubs or for a profit)

How much will the Council Tax go up by from April 2011?
Since 2004, Fareham has had an excellent record of below inflation increases in its portion of Council Tax. Now, for the second year in a row, we have been able to freeze our portion of Council Tax at £140.22 or 38p per day for 2011/12. We have achieved this through efficiency savings, prudent financial management and strict cost control, in spite of economic and funding pressures.

The current economic downturn together with the reduction in Government funding has put major pressures on the council's finances however, it remains one of the Council's Corporate Improvement Actions to keep any increase in Council Tax at or below the rate of inflation.

The total Council Tax bill, taking into account the amount due in respect of Hampshire County Council, Hampshire Police Authority and Hampshire Fire and Rescue Authority, for a band D property is £1,385.73, the same as last year.

What do I get for my Council Tax?
The extensive range of services that the Council provides is summarised in the leaflet that is delivered with your Council Tax bill. These include sport and recreation, planning, refuse and recycling collection, housing, benefits, environmental health, street cleaning, community safety, etc. A more detailed performance plan is also published in the Spring edition of the Fareham Today magazine.

What happens to the interest earned from the Council's investments?
Interest earned (£545,000 planned in 2011/12) is offset against the net cost of services, which keeps the Council Tax at an affordable level.

What will happen if I refuse to pay the Council Tax?
You are legally obliged to pay the Council Tax. If payments are not made, the Council will issue a single reminder. If this does not prompt a payment, then the Council will issue a Court summons, which could lead to further action to collect the debt, including the attachment of earnings or the attachment of certain benefits, the use of Bailiffs.

What can I do if I can't afford to pay my Council Tax?
Discounts, exemptions and benefits are offered in certain circumstances. For example, students, single occupants, and owners of second homes are all entitled to a discount. For full details about discounts and benefits available, please contact the Council Tax office on Tel: 01329 824651, or e-mail counciltax@fareham.gov.uk, or see the Council Tax pages on our website if you wish to claim Council Tax Benefits, please complete and return this form. The benefits department will then contact you to let you know what information they need to process your claim.

Where can I find out more about Hampshire County Council's budget increases?
For more information, contact the County Treasurers Department, The Castle, Winchester, SO23 8UB, or e-mail budget@hants.gov.uk, tel: 0845 603 5638

Where can I find out more about Hampshire Police Authority's budget increases?
For more information, contact the Clerk to the Police Authority, Westgate Chambers, Staple Gardens, Winchester, SO23 8AW, or e-mail office@hantspa.org, tel: 01962 871595

Where can I find out more about Hampshire Fire and Rescue Authority's budget increases?
For more information, contact the Hampshire Fire and Rescue Authority, Headquarters, Leigh Road, Eastleigh, SO50 9SJ, or e-mail reception@hantsfire.gov.uk, tel: 023 8062 6867

How much do local businesses pay towards the cost of running the Council?
Business rates are collected by Fareham Borough Council on behalf of the Government and all the money collected is paid over to them. The Government then determine how much of the rates collected nationally should be repaid to each Council directly.

When will Council Tax bands be revalued?
The last Government postponed the 2007 revaluation of domestic properties for Council Tax purposes. There is currently no proposed date for the revaluation.

Who has to pay Council Tax?
Normally the person who lives in a property will have to pay the Council Tax. Where more than one person lives in a shared property, the person who is highest in this list is responsible for paying Council Tax (if there are two or more people at the same level, they may be jointly liable):

A freehold owner who occupies the property as a main residence
A leasehold owner who occupies the property as a main residence
A tenant who occupies the property as a main residence
A licensee who occupies the property as a main residence
Anyone else who lives in the property as a main residence, with or without permission from the owner.

In some circumstances, the owner, and not necessarily the resident, is liable for payment of Council Tax:

Properties that are "no-one's" main home
Homes where the tenants have separate tenancy agreements for part of the property or where it has been adapted for partial occupation (Houses in Multiple Occupation), for example, bedsits
Care homes, nursing homes and night shelters
Religious communities (monasteries or convents)
Properties which are not the owner's main home but are occupied by domestic staff
Homes where a minister of religion lives and works
Properties occupied by asylum seekers who are receiving support directly from the home office.
For further information please contact the Council Tax office on Tel: 01329 824651, or e-mail counciltax@fareham.gov.uk

What should I do with regards to Council Tax if I Move?
If you are moving out from a property in Fareham you should email counciltax@fareham.gov.uk so that we can make any adjustments to your bill.

Council Tax Online
Would you like to view your Council Tax statement on line or receive Council Tax or National Non Domestic Rate bills electronically? To register for this free service please complete your details here

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How to get here

Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ

Tel: +44 (0)1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0)1329 821770