Business Licence & Permit Solicitors — Regulatory Applications, Compliance, and Licence Defence

A premises licence authorises the sale of alcohol and other licensable activities at specific premises. A personal licence authorises the individual licence holder to authorise the sale of alcohol at any premises with a premises licence. Every premises selling alcohol must have at least one Designated Premises Supervisor (DPS) who holds a personal licence. A solicitor advises on both the premises licence application (submitted to the local licensing authority) and the personal licence application (submitted to the relevant local authority for the applicant's home address). Representations from responsible authorities (police, environmental health, fire authority) against either application are managed by a solicitor.

A planning enforcement notice (EN) requires the recipient to stop the specified breach and remedy its effects within the compliance period stated on the notice. The recipient has a right of appeal to the Planning Inspectorate within 28 days of service of the notice — this suspends the EN while the appeal is pending. Grounds of appeal include: that planning permission ought to be granted; that the alleged breach did not occur; that it is immune from enforcement (4 years for change of use to a dwellinghouse or building operations; 10 years for other breaches); or that the notice is excessive. A solicitor advises on the strongest grounds of appeal and prepares the appeal statement.

A premises licence review is heard by the sub-committee of the licensing authority (usually 3 councillors). The applicant for the review (for example, the police) presents their case first; then the licence holder has the opportunity to respond. The sub-committee can: take no action; modify the conditions; exclude a licensable activity; remove the DPS; suspend the licence for up to 3 months; or revoke the licence. A summary review (available for serious crime and disorder) can result in an interim suspension of the licence within 48 hours. A solicitor prepares the licence holder's case — including any remedial steps taken since the alleged incidents — and makes representations at the hearing.

The FCA's regulatory perimeter covers a wide range of activities: consumer credit agreements (loans, credit cards, hire purchase); credit broking (introducing customers to lenders); debt collecting and debt administration; payment services (including payment processing, money transmission, and e-money issuance); and insurance distribution. Many businesses whose primary activity is not financial services nonetheless carry on regulated activities as an ancillary activity — for example, a retailer offering instalment credit, or a platform processing card payments. A solicitor analyses whether the specific activities require FCA authorisation (or whether an exemption or appointed representative status is available) before any regulated activity commences.

A licence condition restricts or controls how the licensable activity is carried on — for example, requiring CCTV coverage, restricting opening hours, prohibiting off-sales, or requiring SIA door staff. Conditions can be: mandatory conditions (prescribed by the Licensing Act 2003 and applying automatically to all premises licences); default conditions (applied unless disapplied); and discretionary conditions (imposed by the licensing authority to promote the licensing objectives). Overly restrictive or disproportionate discretionary conditions can be challenged on review or by appeal to the Magistrates' Court. A solicitor advises on whether a condition is lawfully imposed and manages any challenge.