Minor Variations to Premises Licences - Licensing Act 2003

Changes have been made to the Licensing Act 2003 so that there is now a procedure for making applications for minor variations to premises' licences and club premises certificates. In addition, the requirements for community premises such as village and church halls that there must be a designated premises' supervisor and that all alcohol must be served with the authority of a personal licence holder can be removed.

There will be four main types of minor variation applications:

• Minor changes to the structure or layout of a premises;
• Small adjustments to licensing hours;
• Removal of out of date or unenforceable conditions;
• The addition of certain licensable activities (including live music).

Fees

For minor variation applications the fee is £89. If you wish to remove the need to have a designated premises supervisor for your community premises, the application fee is £23.

Forms

In each case, the forms are attached for your use. The application for a variation must be advertised on a white notice at the premises, and the notice must comply with the requirements set out in Regulation 26A of the Licensing Act 2003 (Premises' Licences and Club Premises' Certificates) Regulations 2005 as amended. This requires that the notice be A4 or larger and contain basic details such as:

• A brief description of the proposed variation;
• Name of the applicant or Club;
• Address of premises; and
• Date by which interested parties may make representations.

Minor variations do not have to be advertised in a local newspaper.

Process

There is no need to copy the application for minor variations to the responsible authorities, such as the Police, Trading Standards, etc. However, the Licensing Team will consult the relevant authority if they consider that there is any doubt about the effect on the licensing objectives. Interested parties such as local residents and businesses may make representations based on the licensing objectives. Representations do not trigger a hearing under the minor variations process.
Timescales

The timescale set out in the Regulation for dealing with an application for a minor variation is fifteen working days. Day 1 is the 'initial day', i.e. the first working day after the day the Council receives the application. If the Council fails to determine the application within fifteen working days, the application is deemed refused, and the fee must be returned to the applicant.

The first ten working days of the fifteen working day period constitute a consultation period in which interested parties may make representations to the Council.

Determining Applications for Minor Variations

The key test is whether a proposed variation would impact adversely on any of the four licensing objectives. Licensing Officers have no power to impose conditions and only conditions volunteered by the applicant can be added to the Licence. Determination is therefore, either to grant or refuse an application.

Applications that have been rejected under the minor variations process can then be the subject of a full variation application. The previous refusal does not affect any subsequent variation application in respect of the same premises.

If you need any advice about the above processes, please do not hesitate to contact the Council's Licensing Team on licensing@rbwm.gov.uk or by telephone 01628 683840

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