Varying your licence
|We offer pre-application advice for variation applications.|
If you have a premises licence, you can apply to vary any aspect of that licence. Depending on the scale of the proposed variation, a minor variation application could be more appropriate.
To make an application to vary your premises licence, you need to submit to us:
- The application form – See also “Operating schedule”
- A scaled plan of the premises (only if the variation affects the plan of the premises)
There are a number of responsible authorities that must be consulted on your application. These are:
- Gloucestershire Constabulary at Cheltenham Police Station
- Gloucestershire Fire & Rescue
- Pollution prevention
- Health and Safety enforcement
- Local planning authority
- Child Protection
- Trading Standards
- NHS Gloucestershire
- Home Office's Alcohol Team
If you submit your application to us electronically (either using the online form or by email), it is our responsibility to distribute the application to the responsibilities.
If however you submit the application to us on paper, the responsibility to distribute the application to the responsible authorities is yours. You must post copies of the application form to them on the same day as you submit the application to us.
Plans (only if the variation affects the plan of the premises)
The scale plan of the building - unless we agree in writing beforehand - must comply with the Regulations. The plan shall be drawn at a scale of 1:100 and shall show:
a. The extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
b. The location of points of access to and egress from the premises;
c. If different from paragraph (1)(b), the location of escape routes from the premises;
d. In a case where the premises is used for more than one existing licensable activity or qualifying club activity, the area within the premises used for each activity;
e. Fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;
f. In a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
a. In a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
b. In a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
c. The location and type of any fire safety and any other safety equipment; and
d. The location of a kitchen, if any, on the premises.
The plan may include a legend through which the matters mentioned are sufficiently illustrated by the use of symbols on the plan.
You must advertise the application.
1. Public notice in the local press
Locally circulated newspapers are the Gloucestershire Live or Western Daily Press. The public notice must be published within 10 working days of the application being submitted to us. Failure to do this will invalidate your application.
2. Public notice outside
A notice at the premises for a period of 28 consecutive days from the day after the day on which the application was given to the council. The notice has to be at least A4 size, on pale blue paper, printed legibly in black at font size 16 or larger. It must be capable of being conveniently read by passers-by. For premises larger than 50 metres square, the notice must be displayed every 50 metres along any external perimeters abutting a highway. Failure to do this will invalidate your application.
We provide applicants with a template to use. The Regulations state that for new premises licence applications, the notice must include:
- the notices must briefly describe the proposed variation;
- the name of the applicant;
- the postal address of the premises; and
- the date by which representations must be made.
Please be as clear as you can on the brief description for the variation. For example, “to extend the licensing hours” or “increase hours for the sale of xx” is unlikely to be sufficient.
We would expect as much information as possible so that the notice gives readers a clear indication of the changes sought, for example: “To increase the hours for the sale of alcohol everyday from xx to xx” or consider using a table to setting out the changes proposed.
You must consider if the proposed variation is likely to affect the promotion of the four licensing objectives.
You might need to consider proposing additional conditions on your application to mitigate any impact the variation might have the promotion of the four licensing objectives.
For example, extending the times for regulated entertainment might require additional conditions to safeguard against causing a public nuisance or extended hours for the sale of alcohol might require additional conditions to protect children from harm or address issued associated with crime and disorder.
Please think carefully about what steps you will take to promote the licensing objectives. We have additional guidance and a pool of model conditions you can refer to. (Refer to “Appendix C - Pool of Model Conditions”)
Please also refer to the Additional guidance for applicants of new and variation applications.
The licence fee is prescribed in law and is based on your premises’ non-domestic rateable value.
What happens next?
Once your application is made, a statutory 28 day consultation will follow. During this time, responsible authorities and any other person can comment on the application.
If no relevant representations objecting to your application is made, the licence will be deemed granted on the 29th day.
If we receive relevant representations objecting to your application, we are obligated to refer the application of a licensing sub-committee for determination. We will convene the licensing sub-committee hearing within 20 working days after the consultation period has closed.
Tacit consent applies to this application. This means that you can assume the authorisation has been granted (subject to standard conditions that might apply) if you have not received a decision notice from us within 61 calendar days.