LICENSING

Licensing

Our Fees

We can help you apply for a new premises licence or apply to vary the terms of an existing licence. Our service is highly bespoke and will be tailored to your needs and type of licence you wish to obtain or vary. You should note however, that the course of the matter will be significantly influenced by the approach taken by the relevant licensing authority.

What is included
Taking your instructions and advising you as the procedural requirements relevant to your licensing application.
Advising you as to the current licensing climate and approach taken by the relevant licensing authority.
Advising you as to the likely costs and timescales involved in your licensing application.
Assessing the premises and area, in the light of local authority licensing policy including any cumulative impact policy and other special licensing policies affecting on your business.
Providing licensing strategy guidance and advising how and when to apply to optimise your prospects of success.
Completing the licensing application form in accordance with your instructions and submitting this to the relevant authority.
Preparing and serving copies of the premises licence application on the responsible authorities.
Drafting the necessary public notices, advising you how to display the same and arranging for the application to be advertised in a suitable local publication.
Advising you as to the requirement to provide a suitable licence supervisor and drafting the relevant supervisor application forms.
What is excluded
Preparing suitable plans.
Attending meetings with the relevant licensing authority or responsible authorities, nor their fee for such meetings.
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 (or where your application is to vary, then as to a further variation).
Attendance and representation at a licensing sub-committee hearing of the responsible authority.
Attending the property to be licensed.
Experts fees (if needed).
What is excluded

We charge an hourly rate for our services. The hourly rates of our solicitors vary as do the number of hours required to apply for a new licence or the variation of an existing licence. We also deal with many different types of licence, especially the more complex applications. To give you an indication of our likely fees, we set out below example fee estimates for matters of varying complexity.

Simple application: which could be a restaurant or late night refreshment premises in a commercial area: £1,400 - £3,500.
Medium complexity application: which could be a bar or late night restaurant in a densely populated area: £2,100 - £5,500.
High complexity application: which could be a large premises with different licensable activity requirements, a large capacity premises, a night club, provision of relevant entertainment, or premises located in a cumulative impact zone: in excess of £6,000.

You should note that the approach of the relevant licensing and responsible authorities, and the involvement and organisation of residential and local amenity groups will significantly affect our charges. Other factors will increase the complexity of the matter include:

Larger premises.
More densely populated location.
Licensed activity not in keeping with the local area.
Perceived likelihood of public nuisance, crime or disorder attaching to the licensed activity.
Historic licensing issues associated with the local area.
Historic licensing issues associated with the particular premises.
The extent to which the proposed licence may not align with Local Authority policy.
Later hours of operation.
Outdoor festivals and events.
Multiple stakeholders involved in instructing us.

In addition to our fees, you will need to budget for the following:

VAT
Application fee charged by the licensing authority (typically from £100 to £1,905 but more if the venue capacity exceeds 4999)
Advertising fee (typically from £100 to £500)
Enquiry agent fees to display public notices (typically from £75 to £500)
Preparing plans (typically from £300 to £1,000)
Disbursements

We would usually discuss these additional third-party services (known as disbursements) with you in advance and instruct those service providers on your behalf when necessary. You are responsible for their fees, though we would usually handle their payment for you to ensure a smoother process and add these costs to your invoice.

Disbursements are costs related to your matter that are payable to third parties, such as the application fee. We will pay the disbursements on your behalf to ensure a smoother process.

Please note:

All disbursements will need to be paid for separately in addition to the fees for our services. Examples of disbursements include home office/visa application fees, court application fees, postage, interpreting/translation services, medical reports fees, expert report fees, mileage/travel expenses etc. This is not an exhaustive list and is meant purely as a guide.

Please refer to the following link which provides a breakdown in relation to any disbursements payable: Main fee levels – GOV.UK (www.gov.uk)

Timescale

Matters usually take between six to twelve weeks from receipt of instructions from you. 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.

We are required by the SRA to provide detailed price information for the following types of applications:

Applications for naturalisation or registration under the British Nationality Act 1981
Applications on behalf of European Economic Area (EEA) nationals and their family members under the applicable EEA regulations or Immigration Rules, including applications for permanent residence, residence cards and registration certificates
Applications under the Tier 1, Tier 2, Tier 4 and Tier 5 of the Points based system.
Applications for Sponsor Licences under Tier 2, Tier 4 & Tier 5 of the Points based system.
Applications under the Immigration Rules, including:
Student and work experience visas
Visit visa (for tourism, or visiting friends/ family)
Ancestry visas
Dependant relative and family reunion applications
Applications for work, business or study under the Points-Based System
Spouse and partners applications, including fiancé(e)s or proposed civil partners
Other categories, such as application on the basis of long residence

We charge fixed or hourly fees for immigration matters. Fixed fees may be agreed once an initial consultation has taken place and we have more information on your matter. This is dependent on the following factors:

The type of application
The client’s instructions; and
The complexity of the matter

Please note that all applications are likely to vary and of course, we will be able to provide an accurate estimate once we have more information about your specific case. We will then be able to determine whether you will be charged a fixed fee or hourly rate and start the application process.

Our Charging rates per hour are as set out below:

Experience/ Position

Hourly rate (excluding VAT)

Partners and Consultants

£450 + 20% VAT

Solicitors (+ 8 years PQE)

£350 + 20% VAT

Solicitors (- 8 years PQE)

£250 + 20% VAT

All other fee earners including trainees

£150 + 20% VAT
Key stages & Timescales:
Keystages:
Discussing your circumstances in detail and confirming whether this is the most suitable application for you to make and what other options may be available to you;
Giving you advice about the necessities of the Immigration Rules and whether you meet the criteria;
If you do not fulfil certain criteria, whether this can be overcome and how, this on average takes 2-3 hours;
Considering the supporting evidence you have provided, which we anticipate will take 2-21 hours.
Where necessary, helping you obtain further evidence (such as medical records and bank statements);
Preparing your application and submitting it on your behalf, which we anticipate will take 6-120 hours, depending on complexity;
Attendance at a Home Office interview: if the Home Office ask you to attend an interview, we will give you clear advice (and discuss the possibility of us attending with you) at the appropriate time. This could be between 1-3 hours;
Giving you advice about the outcome of the application and any further steps you need to take.
Timescale:

Unfortunately, we cannot guarantee how long the Home Office will take to process your application. We will usually be able to submit your application within 2-8 weeks of you instructing us, but we will let you know at the earliest opportunity if it is likely to take longer than this.

All disbursements will need to be paid for separately in addition to the fees for our services.

There are some factors which can make a matter more complex and therefore prolong the process of your application. These factors include:

Previous convictions
Previous immigration offences;
Previous immigration history;
Long periods of absence;
Periods without work/study activity;
Inability to provide specified documents;
Unemployment in home country
Your employment history and level;
Reasons for Home Office to consider you an overstay risk;
Minimal evidence of genuine relationship;
Forming an entrepreneur team; and
Viability of overseas company.

If you need any further advice or legal assistance, please contact us in confidence on 020 8367 0505 or email us on info@ktslegal.com and one of our solicitors will be able to help you.