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Licensing Act 2003 - Provisional Statement

What is a Provisional Statement?

The licensing act 2003 makes provision for an application for a provisional statement. This can be applied for by an applicant where the premises for which they apply are about to be built, are being built, or where a major alteration or extension is planned. This does not include vessels, vehicles or movable structures that are not permanently situated, moored or berthed.

The procedure enables the applicant to have an assessment made as to the feasibility of the proposed development prior to obtaining a premises licence and therefore prior to incurring any substantial expenditure and costs.

There is no obligation to apply for a provisional statement prior to applying for a premises licence and it is for the applicant to decide which to apply for.

What happens next?

The application process is similar to that for a premises licence with an application form being submitted with the appropriate fee. Representations can be made once an application has been received and a hearing held. Once granted a provisional statement is issued indicating that the intended licensable activities are acceptable.

On completion of the building, an application for a premises licence can be made. However there are restrictions on the making of representations in respect of the premises licence application as set out in section 32 of the Licensing Act 2003. This is designed to prevent representations being made in respect of matters that could have been raised at the earlier provisional application stage.

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