1.              Introduction

Instructing solicitors can seem like a daunting process but it is easier if you clearly understand the scope of work that will be undertaken for you, how long it will take and how much you will be charged for this.

We are always very happy to discuss such matters with you, both before we undertake any work for you and at any point whilst any of your matters are progressing.

Transparency and a clear understanding of the scope of work, timescales for delivery and costs will be important for you, and are a fundamental part of our service, which has contributed in no small part to us building trusted, longstanding client relationships over a number of years. We would very much welcome the opportunity to start that journey with you too.

Since December 2018, in accordance with their Transparency Rules, the Solicitors Regulation Authority has required all solicitors to publish on their website certain key information for particular areas of legal work. You will find that information set out below for our legal services in connection with Licensing.

Whilst we hope that you find this useful, because this information needs to cover a number of scenarios, it is unfortunately lengthy and not as simple as we would like it to be for you.

So, if you need any legal assistance and think that we may be able to help (including matters relating to licensing), please do contact us directly (whether over the telephone or by email) so that we can properly understand the assistance that you require and how best we can help you.  This will then enable us to provide you with a tailored estimate of charges for your particular requirements, which we are sure will be much clearer and easier for you to understand since they will reflect your exact requirements.

If you would like to provide us with details of your particular circumstances and requirements, click here to request a detailed quote / to arrange a meeting. We would be very pleased to hear from you so that we can assist you with the clear and transparent information that you need.

2.              Application for a premises license

2.1           Our fees

All of our fees are subject to VAT at the rate of 20%. In the case of disbursements, where we have indicated that VAT is chargeable on them, the rate of VAT will be 20%.

Our fees (based upon the Scope of Work below) are estimated to be in the region of £1,900 to £2,500 plus VAT.

Any further work not included in the Scope of Work below will be charged at an hourly rate which is currently £270 plus VAT.

2.2           Disbursements

All of our fees are subject to VAT at the rate of 20%. In the case of disbursements, where we have indicated that VAT is chargeable on them, the rate of VAT will be 20%.

Disbursements are costs related to your matter that it is necessary for us to pay to other people, businesses, agencies or entities on your behalf. We will ask you to provide us with the funds in advance to pay these costs.

Anticipated disbursements are:

• application fee (payable to licensing authority) £100 – £635*
• advertising fee £200 – £300 plus VAT**
• special delivery fee to serve the application on the local authority £12***

*The application fee is based on the rateable value of the premises and there is a different fee for each valuation band.  Some local authorities charge extra on the higher and properties by multiplying the application fee by 2 or 3 resulting in a maximum fee of £1,905 in some circumstances.

** The advert needs to be placed in a local newspaper. The fee above is an estimate as each newspaper’s fees will vary.

***The special delivery fee is an estimate and will depend on the amount of documentation being submitted with the application.

There will also be an additional disbursement of barrister’s fees for attending any hearings.

2.3           Scope of Work

Included in Our Fees as set out above is the following work:

• taking your instructions and advising you as to how you can promote the licensing objectives within your application
• advising you on the legal requirements for plans to be submitted with your application.
• printing or copying the plans that you provide to include with your application
• completing the application form for a new premises licence (including the operating schedule) in accordance with your instructions and submitting this to the local licensing authority alongside suitable plans (you will need to provide the suitable plans)
• providing guidance on the fee levels payable to the licensing authority
• preparing copies of the premises licence application for disclosure to the responsible authorities and serving copies of the application on the Responsible Authorities
• drafting the notices advertising the premises licence application and submitting the notice to the local newspaper
• arranging with you for you to display the notice(s) advertising the premises licence application and advising as to where and how this should be done by you in order to comply with the requirements of the Licensing Act 2003
• providing a Designated Premises Supervisor (DPS) consent form for signature by a personal licence holder proposed by yourself
• checking the licence once granted and correcting any errors with the licensing authority

Our Fees as set out above do not include:

• obtaining the suitable plans
• attending pre-consultation meetings with the Licensing Authority or Responsible Authorities, nor their fee for this meeting
• dealing with or advising you in relation to queries or representations received from either the responsible authorities or other interested parties
• advising on varying the licence
• attendance and representation at a licensing sub-committee hearing of the responsible authority. If representations are received and attendance and representations at a licensing sub-committee is required then we will provide a separate fee estimate for this work which will be charged at an hourly rate
• applying for a personal licence for your DPS

2.4           How long will my application take?

You are required to provide the information to include in the application form and need to have a Designated Premises Supervisor and suitable plans ready before the application can be made.

Once the above are sorted, matters usually take 2 to 3 months from receipt of full instructions and plans from you.  This is on the basis of the application being relatively straightforward and you being able to provide all the necessary documents and information promptly.  This takes into account the fact that there is a mandatory 28 day consultation period starting when the local authority receives your application. This 28 day period is allowed in case local residents or businesses, or regulatory authorities (e.g. the police, fire brigade or environmental health) wish to object.

If your matter is more complex, for example, if there is substantial opposition from interested parties, or if there is a delay in receiving the documents we need, it may take longer.

3.              Application to vary a premises licence

Variations to licences can take several forms, information is provided below for the following variations:

• hours of trade
• add, remove, extend or reduce alcohol supply or sale
• add, remove, extend or reduce the provision of regulated entertainment
• add, remove, extend or limit late night refreshment
• change to the premises plan/layout
• add, remove or alter licence conditions

Certain changes are not treated as a variation of the licence. You can apply directly to the licensing authority to change the licence holder’s address, or the address or name of the designated premises supervisor. You can also apply to the licensing authority for a premises licence transfer.

There is a separate procedure for minor variations which is not included within the information below.

There is also a separate procedure for applying to vary the licence to change the designated premises supervisor which again is not included within the information below.

3.1           Our fees

All of our fees are subject to VAT at the rate of 20%. In the case of disbursements, where we have indicated that VAT is chargeable on them, the rate of VAT will be 20%.

Our fees (based on the Scope of Work below) are estimated to be in the region of £1,800 to £2,400 plus VAT.

However, if you are only applying to change one element from the list above, the fees may be lower and are estimated to be in the region of £1,200 to £1,700 plus VAT.

3.2           Disbursements

All of our fees are subject to VAT at the rate of 20%. In the case of disbursements, where we have indicated that VAT is chargeable on them, the rate of VAT will be 20%.

Disbursements are costs related to your matter that it is necessary for us to pay to other people, businesses, agencies or entities on your behalf. We will ask you to provide us with the funds in advance to pay these costs.

Anticipated disbursements are:

• Application fee (payable to licensing authority) £100 – £635*
• Advertising fee £200 – £300 plus VAT**
• Special delivery fee to serve the application £12***

*The application fee is based on the rateable value of the premises and there is a different fee for each valuation band.  Some local authorities charge extra on the higher band properties by multiplying the application fee by 2 or 3 resulting in a maximum fee of £1,905 in some circumstances. The correct local authority fees can be obtained on instruction.

** The advert needs to be placed in a local newspaper. The fee above is an estimate as each newspaper’s fee will vary.

***The special delivery fee is an estimate and will depend on the amount of documentation being submitted with the application.

3.3           Scope of Work

Included in Our Fees as set out above is the following work:

• taking your instructions on the proposed variation
• advising you on the legal requirements for plans to be submitted with your application
• printing or copying the plans that you provide to include with your application
• completing the application form to vary your premises licence (including the operating schedule) in accordance with your instructions and submitting this to the local licensing authority alongside suitable plans. (you will need to provide the suitable plans
• providing guidance on the fee levels payable to the licensing authority)
• preparing copies of the application to vary your premises licence for disclosure to the Responsible Authorities and serving copies of the application on the responsible authorities
• drafting the notices advertising the premises licence application and submitting the notice to the local newspaper
• arranging with you for you to display the notice(s) advertising the premises licence application and advising as to where and how this should be done by you in order to comply with the requirements of the Licensing Act 2003
• checking the licence once granted and correcting any errors with the licensing authority

Our Fees as set out above do not include:

• obtaining the suitable plans
• attending pre-consultation meetings with the Licensing Authority or Responsible Authorities, nor their fee for this meeting
• dealing with or advising you in relation to queries or representations received from either the responsible authorities or other interested parties
• attendance and representation at a licensing sub-committee hearing of the responsible authority. If representations are received and attendance and representations at a licensing sub-committee is required then we will provide a separate fee estimate for this work which will be charged at an hourly rate
• applying for a personal licence for your DPS

3.4           How long will my application take?

You are required to provide the information to include in the application form and need to have a Designated Premises Supervisor and suitable plans ready before the application can be made.

Once the above are sorted, matters usually take 2 to 3 months from receipt of full instructions and plans from you.  This is on the basis of the application being relatively straightforward and you being able to provide all the necessary documents and information promptly.  This takes into account the fact that there is a mandatory 28 day consultation period starting when the local authority receives your application. This 28 day period is allowed in case local residents or businesses, or regulatory authorities (e.g. the police, fire brigade or environmental health) wish to object.

If your matter is more complex, for example, if there is substantial opposition from interested parties, or if there is a delay in receiving the documents we need, it may take longer.

4.              Individuals dealing with your matter

Sarah Pether
Sarah is an Associate who qualified with the firm as a solicitor in 2002 and has over 21 years’ experience in litigation. She took over responsibility for licensing work in March 2018.