Introduction
We have a wealth of experience relevant to the leisure and licensing sector, and have acted for many hotels and restaurants, locally and nationally. The firm also has longstanding relationships with breweries and golf clubs. We are able to offer fixed fees for dealing with most applications or can advise clients who wish to make applications themselves.
All times are approximate depending upon the circumstances of the matter. VAT, currently 20%, will be payable on all our fees and some disbursements, and we will clearly confirm which disbursements carry VAT in formal quotation or as we advise you to incur them.
Our Legal Fees cover all of the work required to complete an application for a new premises licence (simple application)
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 commencement of your case to 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, and are based on our hourly rate of £300.00 + VAT per hour (£300.00 Inc. VAT)
- Personal Licence Application – up to 1 hour – £300 + VAT (£360.00 inc. VAT)
- Premises Licence Application without hearing – 3-4 hours: £900.00 – £1200.00 + VAT (£1080.00 – £1,440.00 inc. VAT)
- Premises Licence Application with hearing – 5- 10 hours: £1,500.00 – £3,000.00 + VAT (£1,800.00 – £3,600.00 inc. VAT)
- Application to vary premises licence without hearing – 2-3 hours: £600.00 – £900 + VAT (£720.00 – £1080.00 inc. VAT)
- Application to vary premises licence with hearing 4-8 hours: £1,200.00 – £2,400.00 + VAT (£1,440.00 – £2,880.00 inc. VAT)
- Minor variation of premises licence – 1-2 hours: £300.00 – £600.00 + VAT (£360.00 – £720.00 inc. VAT)
- Transfer of Premises Licence – up to 1 hour: – £300 + VAT (£360.00 inc. VAT)
- Application to vary to specify new DPS – up to 1 hour: – £300 + VAT (£360.00 inc. VAT)
- Interim Authority application – 2-4 hours: £600.00 – £1,200.00 + VAT (£720.00 – £1,440.00 inc. VAT)
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 which is not included in the figures above. This varies according to rateable value. An Example of the current rates are below. Final costs can be obtained by the relevant local council.
The location of the property and any complexities of the application will dictate the final fee charged within this range.
We will charge the sum of £32.00 plus VAT (£38.40 Inc. VAT) for electronic money transfers.
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:
- The transaction is concluded in a timely manner and no unforeseen complication arise.
- All parties to the transaction are co-operative and there is no unreasonable delay from any parties providing documentation.
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.
The following disbursements and other costs may apply in your matter.
- Application fee* – The application fee is payable to the licensing authority and is calculated in accordance with the rateable value of the premises – This can range from £100.00 – £2,000.00
- 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)
*These fees vary depending on the individual premises and where it is located. The fees can on occasion be significantly 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.
The Premises Licence Fees are payable to the local authority and vary depending on the non-domestic rateable value of the premises. You can find this information from the Valuation Office Agency, you can find further information here: http://www.voa.gov.uk/business_rates/index.htm]
How long will my matter take?
Matters usually take 5 to 13 weeks from receipt of full instructions from you however this is dependent on the local authority processing times which will vary.
This is on the basis of the application being relatively straightforward and you being able to provide all the necessary documents promptly. If your matter is more complex, for example, if there is substantial opposition from interested parties, or if there is a delay in receiving the documents we need, it may take longer.
Stages of the Process
The average fees include:
- Taking your instructions and advising you as to how you can promote the licensing objectives within your application
- Advising you as the type of plans you are required to submit with your application.
- Completing the application form for a new premises licence (including the operating schedule) in accordance with your instructions and submitting this to the local licensing authority alongside suitable plans. You must provide suitable plans.
- Providing guidance on the fee levels payable to the licensing authority.
- Preparing copies of the premises licence application for disclosure to the responsible authorities and serving copies of the application on the responsible authorities.
- Drafting the notices advertising the premises licence application and submitting the notice to the local newspaper.
- Arranging with you for you to display the notice(s) advertising the premises licence application and advising as to where and how this should be done by you in order to comply with the requirements of the Licensing Act 2003.
- Providing a Designated Premises Supervisor (DPS) consent form for signature by a personal licence holder proposed by yourself.
- Checking the licence once granted and correcting any errors with the licensing authority.
The average fee does not include:
- obtaining suitable plans
- attending pre-consultation meetings with the Licensing Authority or Responsible Authorities, nor their fee for this meeting.
- dealing with or advising you in relation to queries or representations received from either the responsible authorities or other interested parties
- advising on varying the licence
- attendance and representation at a licensing sub-committee hearing of the responsible authority. If representations are received and 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 at an hourly rate.
Fee Earners
We have several experienced property lawyers who may work on licence application matters. Regardless of who works on your case, they will be supervised by Bruce Faulkner at Rogers & Norton Solicitors, Managing Director and Head of Commercial Property. For more information on our team members, please Click on this link
Questions
If you have any questions relating to our services and our fees, please contact us on:
- Norwich 01603 666001
- Attleborough 01953 453774