Advertising Requirements - Guidance notes
These Guidance Notes are not comprehensive, or a substitute for reading the legislation. For more detailed, technical, or legal advice, you should consult professional advisors.
Advertising the application
The applicant is responsible for advertising the application during the application period which must be:
- Within ten days of making the application, in a newspaper circulating in the area, and;
- On a statutory pale blue notice displayed on the premises and clearly visible from the exterior, for the full 28 days of the application period.
The application can be:
- An individual (e.g. a 'sole trader');
- Several individuals (e.g. a partnership, or unincorporated association such as clubs);
- A company, or other incorporated organisation (e.g. limited liability businesses, and charities), and;
- Other prescribed persons such as agents or solicitors for any of the above.
What is the application period?
The application period starts on the day after the day after we receive the application if it is hand delivered.
If you post it to us first class before 5pm we are deemed to receive it the next working day, so the application period starts the working day after that.
The application period lasts 28 days.
What should the advert contain?
The advertisement must contain the following information:
- The name of the applicant or club;
- The postal address of the premises or club premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises or club premises to be identified;
- The licensable activities that you propose to carry on at the premises;
- The following statement: "the application may be inspected at East Herts Council Offices, Wallfields, Pegs lane, Hertford SG13 8EQ
For the notice displayed on the premises, the font size must be kept to at least point size 16, and it must be printed on pale blue paper.
For the copy emailed to the newspaper, the point size can be reduced to 6 to save space and cost.
Interested parties or responsible authorities may make representations in writing to East Herts Council by [date 28 days from the day after date the application was given to the Council].
It is an offence knowingly or recklessly to make a false statement in connection with an application and on summary conviction for the offence a person is liable to a maximum fine of £5000.
The notice must use point size 16 or larger in black printed on pale blue paper.
Notices of applications to vary a premises licence or a club premises certificate must give a brief description of the proposed changes in the application (what is different from your existing rights and restrictions).
What happens next?
If there are no representations within the 28 days, a complete application form has been submitted with the appropriate fees and relevant documents, and appropriate notices have been placed in the papers and on the premises, the licence will be granted.
However, if representation from any interested parties (residents living in the vicinity) or Responsible Authorities has been received offices in the Community Protection Service will decide whether the representation is relevant. If officers find the representation relevant they will attempt to arrange a mediation meeting between the relevant parties to try and find a reasonable compromise. If this informal process is unsuccessful a hearing before the licensing sub-committee will ensue. All relevant parties will be notified. The licensing sub-committee will make a decision and the details of that decision will be circulated to the parties concerned.
The applicant and 'interested parties' have a right to appeal the decision of the licensing sub-committee, which is made to the Magistrates Court appropriate to the location of the premises concerned. Professional advice should be sought where it is uncertain what the best course of action should be.