Legal Fee Information for Licensing Applications in Relation to Businesses

Introduction

Below are details with regard to how much our specialist alcohol licensing service is likely to cost you when submitting an application for a new premises licence or variation application under the Licensing Act 2003.

Licensing applications vary in complexity being dependant on a number of factors.  In view of this we are happy to discuss your application direct with you and provide you with an appropriate estimate based on the work involved.

Legal Fees

Legal Fees are the amount you will be required to pay for all of the work performed by us in actioning your instructions, from the commencement of your case to its conclusion. It is not always possible to provide a fixed fee cost in licensing applications as the amount of hours involved can vary.  However, we can give you a range of fees, based on the complexity of your applications. The complexity of an application may vary depending on factors such as whether there is a cumulative impact policy in place, the type and size of the premises or whether the premises are in a residential area.

We have set out below our range of fees, relating to differing complexities of application:

Application for a new premises licence

Fees

• Simple application – Likely to be non-contentious matter, with no objections.

£950 – £2,850 plus VAT (£1,140 – £3,420 Inc. VAT) and disbursements – based on 5­15 hours at an hourly rate of £190 plus VAT (£228 inc. VAT).

• Medium complexity – Likely to receive objections from local residents with a medium to high risk of it impacting upon the Licensing Objectives, requiring additional pre-consultation with the Responsible/Licensing Authorities. £2,850 -­ £4,750 plus VAT (£3,420 – £5,700 Inc. VAT) and disbursements – based on 5­15 hours at an hourly rate of £190 plus VAT (£228 inc. VAT).

• High complexity – Premises within an area where there is a Cumulative Impact Policy in place, where there are historical enforcement issues including review/summary review or within a residential area where there is a strong possibility of public nuisance and/or crime and disorder issues. The size and type of venue will also effect this such as a large late night venue upon which it is probable likely objections from the Responsible Authorities including the Police or Environmental Health Officer will be received. Applications for large scale public events would also fall into this category. £4,750 -­ £9,500 plus VAT (£5,700 – £11,400 Inc. VAT) and disbursements – based on 5­15 hours at an hourly rate of £190 plus VAT (£228 inc. VAT).

VAT is currently charged at 20%

VAT will be payable on our fees and some disbursements, and we will clearly confirm which disbursements carry VAT in our formal quotation or as we advise you to incur them.

• Below, we detail what services are covered in our standard fee.

If at any stage our fees change, we will notify you and discuss the reason for any changes. This would typically occur if you change your instructions or your case involves an unforeseen complexity.

Our average fees assume that:

a. The transaction is concluded in a timely manner and no unforeseen complication arise.

b. All parties to the transaction are co-operative and there is no unreasonable delay from any parties providing documentation.

In addition to professional fees associated with the application, you should bear in mind that there is also an application fee payable to the Council. This varies according to rateable value. An Example of the current rates are below. Final costs can be obtained by the relevant local council.

Disbursements and Other Costs

Disbursements are payable in addition to our legal fees. These are payment to third parties, such as the application fee which is payable to the licensing authority and the advertisement fee for the local press.

You will be provided with a full list of disbursements in our formal quotation.  If you need to incur any further disbursements during your case, you will be notified in advance of the reason and the amount.

We anticipate that the following payments may need to be made:

Application fee

The application fee is payable to the licensing authority and is calculated in accordance with the rateable value of the premises as shown in the table below.

The following disbursements and other costs may also apply in your matter.

Advertising fee – Advertising fees are usually between £200 to £500 plus VAT (£240 – £600 inc. VAT) which varies on the individual premises application and where it is located such as a city centre. The fees may on occasion be higher than the ranges given above.

Enquiry agent fees – Enquiry agent fees are those where an agent displays notices on site.  The cost varies between £150 to £250 plus VAT (£180 – £300 inc. VAT) and is dependent on the individual premises and where it is located.

The fees may on occasion be higher than those stipulated above, however we will aim to provide an accurate figure as soon as we are in a position to do so.

Special delivery fee – Special delivery fee to serve the application are estimated at £10 plus VAT (£12 inc. VAT)

Additional printed copies – Additional printed copies of plans if necessary, at an estimated cost of £10 plus VAT (£12 inc. VAT)

VAT is currently charged at 20%

*These fees vary depending on the individual premises and where it is located. The fees can on occasion be higher than the ranges given above. We will give you an accurate figure for each item as soon as we are able to do so.

What work is covered within this estimate? – Stages of the process

• Taking instructions and advising an applicant on how to promote the four licensing objectives, namely:
  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm within their application within their premises licence application.
• Advising on the type of plans required to submit with an application.
• Completing the application form and operating schedule in accordance with client’s instructions and submitting this to the local licensing authority alongside suitable plans.
• Advising on the legal plan requirements.
• Providing guidance on the rateable value of the Premises and fee levels payable to the Licensing Authority.
• Preparation and service of copies of the application on the responsible authorities.
• Preparing statutory notices advertising the premises licence application and arranging for its display in a local newspaper.
• In order to comply with the requirements of the Licensing Act 2003 arranging with an applicant for the display of the notice(s) advertising the premises licence application and advising as to where and how this should be done by an applicant.
• Producing a Designated Premises Supervisor (DPS) consent form for signature by the personal licence holder who will be responsible for the day to day operation of the premises.
• Upon receipt of the new Licence to reviewing and correcting any errors with the Licensing Authority.

What work is not covered within this estimate?

• Obtaining plans.
• Attending pre-consultation meetings with the Licensing Authority or Responsible Authorities whether at site or at the Responsible Authorities office.
• Dealing with or advising you in relation to queries or representations received from either Responsible Authorities or other interested parties (usually local residents).
• Advising on varying the licence – see Variation of Premises Licence.
• Attendance and representation at a licensing sub-committee hearing.
• If attendance and representation at a licensing sub-committee is required then we will provide a separate fee estimate for this work which will be charged on an hourly rate basis.
• Any legal work/advice in respect of an appeal to the Magistrates Court.

Timescales

Matters usually take 4 to 6 weeks from receipt of full instructions from you. This is on the basis of the application being relatively straightforward and non-contentious and that you are able to provide all the necessary documents promptly.

If a matter is more complex, for example if there is substantial opposition from interested parties, or if the matter goes to a hearing before a Licensing Sub-Committee or there is a delay in receiving the documents, it will take longer.

If the matter needs to go to a hearing following the end of the 28 day consultation period then this will be held within 20 working days, extending the process to 8 to 10 weeks.

However, if the decision is appealed to the local Magistrates’ Court by any party this will extend the process significantly.

Application for the variation of a premises licence.

Fees

• Simple application – Likely to be non-contentious matter, with no objections. £950 – £2,850 plus VAT (£1,140 – £3,420 Inc. VAT) and disbursements – based on 5­15 hours at an hourly rate of £190 plus VAT (£228 inc. VAT).
• Medium complexity – Likely to receive objections from local residents with a medium to high risk of it impacting upon the Licensing Objectives, requiring additional pre-consultation with the Responsible/Licensing Authorities. £2,850 -­ £4,750 plus VAT (£3,420 – £5,700 Inc. VAT) and disbursements – based on 5­15 hours at an hourly rate of £190 plus VAT (£228 inc. VAT).
• High complexity – Premises within an area where there is a Cumulative Impact Policy in place, where there are historical enforcement issues including review/summary review or within a residential area where there is a strong possibility of public nuisance and/or crime and disorder issues. The size and type of venue will also effect this such as a large late night venue upon which it is probable likely objections from the Responsible Authorities including the Police or Environmental Health Officer will be received. Applications for large scale public events would also fall into this category. £4,750 -­ £9,500 plus VAT (£5,700 – £11,400 Inc. VAT) and disbursements – based on 5­15 hours at an hourly rate of £190 plus VAT (£228 inc. VAT).

VAT is currently charged at 20%

Disbursements

Disbursements are payable in addition to our legal fees. These are payment to third parties, such as the application fee which is payable to the licensing authority and the advertisement fee for the local press.

We anticipate that the following payments may need to be made.

Application Fee

The application fee is payable to the licensing authority and is calculated in accordance with the rateable value of the premises as shown in the table below:

The following disbursements and other costs may also apply in your matter.

Advertising fee – Advertising fees are usually between £200 to £500 plus VAT (£240 – £600 inc. VAT) which varies on the individual premises application and where it is located such as a city centre. The fees may on occasion be higher than the ranges given above,

Enquiry agent fees – Enquiry agent fees are those where an agent displays notices on site.  The cost varies between £150 to £250 plus VAT (£180 – £300 inc. VAT) and is dependent on the individual premises and where it is located.

The fees may on occasion be higher than those stipulated above, however we will aim to provide an accurate figure as soon as we are in a position to do so.

Special delivery fee – Special delivery fee to serve the application are estimated at £10 plus VAT (£12 inc. VAT)

Additional printed copies – Additional printed copies of plans if necessary, at an estimated cost of £10 plus VAT (£12 inc. VAT)

VAT is currently charged at 20%

*These fees vary depending on the individual premises and where it is located. The fees can on occasion be higher than the ranges given above. We will give you an accurate figure for each item as soon as we are able to do so.

What work is covered within this estimate? – stages of the process

• Taking instructions and advising an applicant on how to promote the four licensing objectives, namely:
  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm within their application within their premises licence application.
• Advising on the type of plans required to submit with an application.
• Completing the variation application form and operating schedule in accordance with client’s instructions and submitting this to the local licensing authority alongside suitable plans if the layout of the premises is being varied.
• Advising on the legal plan requirements.
• Providing guidance on the rateable value of the Premises and fee levels payable to the Licensing Authority.
• Preparation and service of copies of the variation application on the responsible authorities.
• Preparing statutory notices advertising the variation application and arranging for its display in a local newspaper.
• In order to comply with the requirements of the Licensing Act 2003 arranging with an applicant for the display of the notice(s) advertising the variation application and advising as to where and how this should be done by an applicant.
• Producing a Designated Premises Supervisor (DPS) consent form for signature by the personal licence holder who will be responsible for the day to day operation of the premises.
• Upon receipt of the new Licence to reviewing and correcting any errors with the Licensing Authority.

What work is not covered within this estimate?

• Obtaining plans if the variation application seeks to revise the layout.
• Attending pre-consultation meetings with the Licensing Authority or Responsible Authorities whether at site or at the Responsible Authorities office.
• Dealing with or advising you in relation to queries or representations received from either Responsible Authorities or other interested parties (usually local residents).
• Attendance and representation at a licensing sub-committee hearing.
• If attendance and representation at a licensing sub-committee is required then we will provide a separate fee estimate for this work which will be charged on an hourly rate basis.
• Any legal work/advice in respect of an appeal to the Magistrates Court.

Timescales

Matters usually take 4 to 6 weeks from receipt of full instructions from you. This is on the basis of the application being relatively straightforward and non-contentious and that you are able to provide all the necessary documents promptly.

If a matter is more complex, for example if there is substantial opposition from interested parties, or if the matter goes to a hearing before a Licensing Sub-Committee or there is a delay in receiving the documents, it will take longer.

If the matter needs to go to a hearing following the end of the 28 day consultation period then this will be held within 20 working days, extending the process to 8 to 10 weeks.

However, if the decision is appealed to the local Magistrates’ Court by any party this will extend the process significantly.

Fee Earners

Licensing services are carried out by Jonathan Hyldon, Partner at Bridge McFarland LLP. Jonathan qualified as Solicitor in 2002 and is an experienced licensing lawyer who specialises in both alcohol and gambling law throughout England, Scotland & Wales.

Questions

If you have any questions relating to our services and our fees, please contact us on 0800 987 8800 or email info@bmcf.co.uk.