|We offer pre-application advice for minor variation applications.|
To make an application for a minor variation of 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)
What is a minor variation?
Applications for a minor variation could, for example, include:
- small changes to the structure or layout of a premises
- the addition of authorisation for late night refreshment or regulated entertainment (such as live music, performance of plays or film exhibitions)
- small changes to licensing hours (but see below on changes that relate to alcohol)
- revisions, removals and additions of conditions (this could include the removal or amendment of out of date, irrelevant or unenforceable conditions, or the addition of volunteered conditions)
The following do not constitute a minor variation:
- add the retail or supply of alcohol to a licence
- extend licensing hours for the sale or supply of alcohol at any time between 11pm and 7am
- increase the amount of time on any day during which alcohol may be sold by retail or supplied
- extend the period for which the licence or certificate has effect
- transfer the licence or certificate from one premises to another, or vary substantially the premises to which it relates
- specify, in a premises licence, an individual as the premises supervisor
- add the sale by retail or supply of alcohol as an activity authorised by a licence or certificate
- disapply the mandatory conditions relating to a designated premises supervisor (there is a separate process by which community premises can apply for this)
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. (fl 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.
A white notice must be put on display in a prominent position for a period of ten working days starting on the working day after the application was given to the licensing authority.
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”)
The fee for a minor variation is £89.
What happens next?
We must consult for 10 working days on the application.
After the 10 working day period, we have a further 5 working days to determine the application taking into account any representations made.
If we fail to determine the application within the 5 working days, the application is deemed refused and we will refund the application fee.
If we receive relevant representations objecting to your application, we might reject the application. There is no right to refer the application to a licensing committee hearing. If we refuse the application, you will need to resubmit the application as a full variation.
Tacit consent does not apply. If your application is not determined within the statutory 15 working days, it will be deemed refused and the application fee will be refunded.