What does the law require?
Prior to changing any aspect of your licence, operating plan or layout plan you are required to vary the licence, otherwise you may be committing an offence
There are two different types of variation, major and minor.
Any variation which seeks to change the following-
a) Any of the conditions attached to the licence
b) Any of the information contained in the operating plan contained in the licence
c) The layout plan contained in the licence
d) Any other information contained or referred to in the licence
will be considered to be a major variation.
Otherwise the variation will be considered to be minor.
What do I need to consider?
We shall refuse an application to grant or renew a licence if, in our opinion:
We shall refuse an application for a licence if, in our opinion:
(a) that the application must be refused under section 25(2), 64(2) or 65(3)
(b) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives
(c) that, having regard to-
(i) the nature of the activities proposed to be carried on in the premises
(ii) the location, character and condition of the premises
(iii) the persons likely to frequent the premises
The Board considers that the premises are unsuitable for use for the sale of alcohol
(d) that having regard to the number and capacity of-
(i) Licensed premises
(ii) Licensed premises of the same or similar description
That the Licensing Board considers that there would be overprovision of that type of premises.
You may wish to consider seeking legal advice from a specialist licensing lawyer prior to making this type of application.
How will you deal with my application?
If the variation application is deemed to be minor, then we will grant your variation without the need for a hearing.
If the variation application is deemed to be a major variation then your application will require to be heard at a meeting of the licensing board.
If your application is major, and since it relates to an activity wholly or mainly to be carried on in premises, you must display a notice at or near the premises for 21 days so that it can conveniently be read by the public. The notice shall state:
(a) that application has been made for a licence;
(b) a description of the application;
(c) that objections and representations in relation to the application may be made to the licensing authority;
(d) the way in which objections and representations should be made.
Such a notice can be found by applying for a Notice of Application for Variation of Premises Licence
You shall, as soon as possible after the expiry of the period of 21 days referred to above, submit to us a certificate stating that you have complied with this requirement.
Such a certificate can be found by applying for a Confirmation of Site Notice
We may have to publish details of your application.
If your application is deemed to be a minor variation, we will be able to grant your licence without referring the decision to the Licensing Board.
When will a decision be made?
For an application deemed to be a minor variation we would expect to grant this within 14 days.
If your application is considered to be major, you should receive a decision within 161 days.
What happens if you don't make a decision within the target time?
Tacit authorisation' does not apply because there is an overriding reason relating to the public interest, namely the need to protect the safety of the public. Therefore if you have still not received a decision after the target time has expired, your authorisation is not granted automatically. In such a situation, we will get in touch with you to let you know what happens next.
Please note that you must not carry on the activity for which you have applied for a licence unless or until you have been granted a licence.
What can I do if I'm not satisfied?
If you are unhappy with the way we have processed your application please contact us.
How does the Council handle objections and representations?
Find out more about objections and representations