A provisional statement is an indication that a premises may be suitable for a premises licence at a later stage. This can apply for both a new build or a premises that is to be substantially altered.
Why would I apply for a provisional statement?
The advantages of applying for a provisional statement is that it avoids the situation whereby a large amount of money is invested in a premises with a view to using it for licensable activities. Then, to find that the permission will not be granted or that the restrictions or conditions imposed are so prohibitive that the business is no longer viable.
How to apply for a provisional statement
View the Licensing Act Policy to help us deal with applications quickly and to also allow you to know at an early stage whether your application is likely to be supported.
Applications should be submitted with a plan of the premises. The fee for the application is £315 and there is additional charge to advertise the public notice.
Apply on-line for an application for a Provisional Statement.
You must apply for a Premises Licence in order to carry out the licensable activities once the work is completed. You can also apply direct for a ‘premises licence’ even before a premises is built, extended or substantially changed and not request a provisional statement. To apply for a Premises Licence you must be able to provide detailed plans of the premises and be able to provide a complete operating schedule. If you cannot provide this detail then you are advised to proceed with the provisional statement.
What happens if someone objects to my provisional statement?
If objections to the Provisional Statement are received by the Licensing Section a hearing must be held by the Licensing and Regulatory Sub Committee.
The Licensing Authority has no power to refuse a Provisional Statement. It may grant the Statement with an indication that certain conditions may apply, or activities excluded when an application is made for a premises licence.
When granting a Provisional Statement following a hearing, we must:
- Issue the applicant with a statement. This would show any steps that would need to be taken when applying for a Premises Licence. These are as a result of representations made within the Provisional Statement.
- Copy the Provisional Statement to all those who made representations and also to the Chief Officer of Police at Heddlu Gwent Police.
What do I need to do on completion of the building or alteration works?
On completion of the building you must make an application for a Premises Licence in the normal way before you carry out any licensable activities.
Except under certain circumstances, further representations from responsible authorities and interested parties will not be accepted. An interested party can be a person who lives in the area, a business in the area or a representative of either. The premises licence will be granted providing the following conditions are met:
- Where the application for a premises licence is in the same form as described in the provisional statement
- The work in the schedule of works has been completed satisfactorily
- The responsible authority or other persons could have made the same or substantially the same representation, but failed to do so, without reasonable excuse within the provisional statement
- There has been no change in the circumstances relating to either the premises or the area in the vicinity of the premises since the provisional statement was made.
If these conditions are not met, then further representations can be made. The usual procedure for the premises licence application and determination will apply.
Alternatively you can contact the Licensing Section for application forms.
This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes. For further information, see NFI information on MCC website