Development Checklist No 2- Licences, Consents, etc for Trade Premises

This checklist is put in at the beginning and will be updated as new information becomes available. It covers the statutory consent(s), obligations, etc (by type source, etc) needed by the business proprietor for a particular trade. In some instances the proprietor will have or will be having premises which may require several statutory consents,etc to trade, eg a supermarket. [Please note: This post does not consider planning requirements.]

The client will either obtain the requisite consent, licence, etc  or should be advised on need for the consent etc being obtained. So of course, the development's project/estate manager will / may not be concerned to obtain the consent but the development may be held up or stopped if the relevant consents, etc are not going to be available or be forthcoming in due course.

Check 1: Identify the statutory consents, etc likely to be required and check that:

1. they have been obtained;
2. the proprietor's informal enquires indicate that they will be forthcoming;
3. there is no known impediment to them being obtained.

In most instances this will be for the client as a matter of commercial judgement but if there is any doubt, check you may wish to check that you should proceed to the next stage of the development.

The following list is in alphabetical order.

Betting Shop, Track or Trading Room  - two kinds of licence are required, namely:

• Operating Licence  a person intending to eventually operate such premises (either existing or to be developed) must have an operating licence from the Gambling Commission.
• Premises Licence to Operate (or Provisional Statement)

      Once the licence to operate has been obtained the person must obtain either a premises licence or a    provisional statement.

1. a person intending to operate from existing premises must have a premises licence to operate which is obtainable from the local licensing authority, or
2. where development or major works are required a person must obtain a provisional statement for the premises which is obtainable from the local licensing authority.

For the property professional the important "go-ahead" documents are  the licence to operate and the provisional statement. It should be noted however that there are notifications etc which must be made within seven (7) days of  applying for a premises licence or provisional statement, namely:

• child protection service;
• environmental health service;
• fire and rescue service;
• Gambling Commission;
• Her Majesty's Revenue and Customs;
• police.

(See: http://www.gamblingcommission.gov.uk/gambling_sectors/betting/getting_a_licence_what_you_ne/applying_for_a_licence_-_betti/apply_for_a_premises_licence.aspx

Bingo Hall - A person wanting to operate a bingo hall requires (in order of precedence);

1. firstly, an operating licence from the Gambling Commission;
2. secondly, a premises licence (or provisional ststement) from the local licensing authority.

The approach is similar to that outlined above for Betting Shops.
(See: http://www.gamblingcommission.gov.uk/gambling_sectors/bingo/getting_a_licence_what_you_nee/applying_for_a_licence_-_bingo/apply_for_a_premises_licence.aspx )
Casino - A casino premises licence (CPL) is required according to the casino's proposed size and location. A CPL is obtained from one of 16 named local licensing authority but each named area is only allowed one casino. Half of the areas are allowed large casinos: the rest are allowed small casinos.
(See various pages on the Gambling Commission website including:   http://www.gamblingcommission.gov.uk/gambling_sectors/casinos.aspx )

Nuclear Site - A site for a nuclear power station requires a licence from the Health & Safety Executive to enable its lawful development.
(See :    http://www.hse.gov.uk/newreactors/ngn02.pdf )

Off-licence - Local authorities issue licences for off-licences.

Petrol Filling Station - Petroleum Consolidation Act 1928 (as amended) requires that a petroleum licence be obtained the local licensing authority (Fire and Rescue Service. There is extensive legislation affecting such premises when in operation - covering such matters as:

• Control of Substances Hazardous to Health Regulations 1999;
• Health and Safety;
• Risk assessment, eg control of explosion; 
• Staff training; 

Public Houses - Local authorities issue licences for public houses.

Horse Riding Establishments - Riding Establishments Act 1964 requires that a person must have a licence to keep a riding establishment. Such licences are issued by the local authority. (see section 6 for interpretation.)

Track Room - see Betting Shop

Trading Room - see Betting Shop

 Zoo - Zoo Licensing Act 1981 (as amended) section 1 makes it unlawful to operate a zoo without a licence from the local authority. An application is made under section 2.

The list is not yet extensive  and details of the statute, the subject matter, issuing authority etc is being to be added from time to time!