Can your restaurant sell a glass of wine with no designated premises supervisor? In England and Wales, no supply of alcohol may be made under the premises licence at a time when there is no designated premises supervisor holding a personal licence, and every supply must be made or authorised by a person who holds a personal licence. A new premises licence application carries a pale blue notice for 28 consecutive days, which the Home Office guidance describes as, in effect, the timescale for deciding it unless representations are made. Selling before the grant is selling without an authorisation, an offence under section 136. Wine or beer sent out with a delivery or collection order is an off-sale, so the licence has to cover it: by 31 March 2026, 329 minor variations had been granted to add off-sales. Adding alcohol as a new activity is always a full variation. The annual fee is due on the anniversary of the grant, and the council must suspend a licence if it goes unpaid. A summary of public law and official guidance, not legal advice.
What the film covers
- The licence problem arrives on the busiest night
- What needs a premises licence
- How to get a premises licence for a restaurant, step by step
- Step 1: check the rateable value and the band
- Step 2: choose the supervisor and sort their personal licence
- Step 3: write the operating schedule
- Step 4: draw the plan
- Step 5: submit, display the notice and place the advertisement
Questions the film answers
- Can I sell wine before the premises licence is granted?
No. Selling without an authorisation is an offence under section 136, and the Home Office guidance says the applicant may start the licensed activity as soon as notified that the application is granted. The 28-day notice period is effectively the timescale for deciding the application if nobody objects. Open the bar after the grant. A temporary event notice is for a defined event, not a way round the wait.
- How much does a restaurant premises licence cost?
The application fee depends on rateable value band: £100 for Band A, £190 for B, £315 for C, £450 for D and £635 for E. The annual fee is £70, £180, £295, £320 and £350. For the illustrative Band B restaurant in this guide, the owner-led first year is £961 including a newspaper advertisement, a personal licence course and a DBS check.
- Do I need a personal licence, and can I be my own DPS?
Yes to a personal licence for the DPS, and an owner may be the DPS. The licensed premises must have a designated premises supervisor who holds a personal licence, and every supply must be made or authorised by a personal licence holder. The personal licence costs £37, needs a qualification and a basic criminal conviction disclosure, and lasts for the holder's lifetime unless surrendered, revoked or suspended.
- My DPS has left. What do I do today?
Section 19 allows no supply of alcohol at a time when there is no DPS, so treat the gap as urgent. Apply under section 37 to specify a new individual, with their consent form and the £23 fee, and ask the council what that means for sales in the meantime. A personal licence holder named as DPS can be suspended, so check the new person's licence is in force.
- Is a minor variation enough to add takeaway or delivery alcohol?
It may be. The guidance says authorities may in the first instance wish to treat an application to add off-sales to an on-sales licence as a minor variation. The fee is £89, the notice is white and shown for ten working days, and a decision is due within 15 working days. If the council treats it as a full variation, expect the full fee and the 28-day notice. A rejected minor variation has no appeal.
- Can a minor variation extend my hours past 11pm?
No. Section 41A(3)(e) excludes authorising the supply of alcohol between 11pm and 7am, and any increase in the time on a day when alcohol may be sold. Reductions, and moves that do not increase the hours between 07.00 and 23.00, will normally be processed as minor variations. Hot food or drink sold between 11pm and 5am is late night refreshment and needs its own authorisation.