Variations - Minor and Full

Perhaps the most common reason for variation of a licence is where there is an alteration to the layout. The plans of the premises form part of the Premises Licence, and should be sent out by the Licensing Authority with the Premises Licence when it is dispatched.

Accordingly, a change to the plans which would affect the details required by regulation to be included in the plan, will give rise to the need for variation. Up until 2009, this either required a major variation application involving consultation with all the authorities and advertising the application, or relying upon the discretion of the Licensing Authority to make a so called "informal" variation by the back door. Neither were satisfactory, and the position has now changed with the introduction of the minor variation procedure (for example, moving fixed seating or consenting to something new eg. the showing of films). Such small variations must satisfy the Licensing Authority that they will not impact adversely on the licensing objectives. If they meet this test, then the Licensing Officer will grant the application quickly and full consultation is not required. However, this test itself is subjective and different Licensing Authorities take a different view on what could adversely affect the licensing objectives. The fee is relatively small at £89.

Variations to add the sale by retail or supply of alcohol or to increase the amount of time during which it may be sold or supplied (in Clubs) to the licence are excluded from the minor variations process and must be treated as full variations in all cases.

If the minor variation procedure cannot be used then a full variation application needs to be made. This follows exactly the same procedure as for a new Premises Licence, with all its attendant costs, and the need for advertisement on the premises and in the newspaper. You also have to carefully consider whether you need to make an application for a variation or a new Premises Licence. If you are effectively adding a significant amount of extra space to your premises, it may be regarded as a substantial variation and will require a new Premises Licence application. A small amount of additional space will probably only require a variation, and of course a minor rearrangement of the internal layout may use the minor variation procedure. If possible we contact the Local Authority to obtain a preliminary view before submitting an application that could go either way.


Variation to change the Designated Premises Supervisor

Even the Government could see that making someone advertise on the premises and in a newspaper might be a little over the top if you simply wanted to change your general manager and therefore the DPS.

There is therefore a streamlined variation procedure for the change of Designated Premises Supervisor and so long as the correct form is submitted, with the appropriate consent from the person who is the incoming DPS, and the fee, this application will be deemed to have immediate effect when it is received by the Local Authority.

This is an essential power within the Act, as the sacking of your DPS on a Friday afternoon could otherwise leave you without the power to sell alcohol for the rest of the weekend.

This can be a very real and expensive problem, and we urge operators of licensed premises to take our advice in respect of these situations if they have any problems about making urgent applications. We also operate an out of hours procedure - telephone number 07795 011252.

Community premises (Church and Village Halls or a similar premises) can apply to remove the requirement for a DPS and replace it with a management committee.