Premises Licence - Minor Variation

The Licensing Act 2003 allows licence holders to make changes to a licence / club certificate under the process of a minor variation. These are small changes which will not impact adversely on the licensing objectives.

This process cannot be used to:

• extend the period for which the licence or certificate has effect
•  transfer the licence or certificate from one premises to another
•  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
• include the alternative licence condition referred to in section 41D(3) in a premises licence.
•  authorise the sale by retail or supply of alcohol at any time between 11pm and 7am
•  authorise an increase in the amount of time on any day during which alcohol may be sold by retail or supplied

This process can be used to: 

• vary and / or add licensable activities e.g. add regulated entertainment to an existing licence / certificate. (excluding the sale or supply of alcohol)
• vary the plan of the premise / club
• revise, remove and add conditions
• vary the opening hours

Application process

• A completed application for a minor variation to a premises licence or club premises certificate to be submitted to the Licensing Authority, with a fee of £89. 
• The applicant must display a white notice on the premise for a period of 10 working days, starting on the working day after the variation is given to the Licensing Authority. There is no need to advertise the application in a newspaper or circular. There is no need to copy the application to the responsible authorities.
• In considering the application, the licensing authority must consult relevant authorities if there is any doubt about the impact of the variation on the licensing objectives.
• The licensing authority must also consider any relevant representations received from other persons within the prescribed time limit (10 working days)
• There is no right to a hearing. If relevant representations are received and accepted by the licensing authority, the application fee is non-refundable
• The licensing authority must wait until the end of the 10 working day period before determining the application. At the latest, the application has to be determined within 15 working days.

Types of Minor Variation

• minor changes to the structure or layout of premises 
• small adjustments to licensing hours
• the removal of out of date, irrelevant or unenforceable conditions or addition of volunteered conditions and
• the addition of certain licensable activities

In all cases the overall test is whether the proposed variation could impact adversely on any of the four licensing objectives.