Minor Variation of Premises Licence

The minor variations procedure allows low impact changes that do not undermine the licensing objectives to take place without the need for the full variation application procedure. The licensing objectives are; the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm. Minor variations will generally fall into four categories:

Minor changes to the structure or layout of the premises
Small adjustments to licensing hours (but cannot be used to extend hours for the sale or supply of alcohol)
The removal of out of date, irrelevant or unenforceable conditions or the addition of volunteered conditions
The addition of certain licensable activities (for example, adding the live music activity to a premises licence that is already providing other licensable activities at that time or is already open).

Eligibility Criteria

Only the licence holder or agent of the premises licence holder may apply for a minor variation.

Regulation Summary

A summary of the eligibility criteria for this licence is available here

Application Process

Under this procedure, the licence holder must send their application together with the prescribed fee of £89 to the Licensing Authority. They must also place a public notice at the premises setting out the proposed changes. The notice must be displayed for a period of 10 clear working days. This is to give neighbours an opportunity to make representations which we, as the licensing authority, must consider, but there will be no hearing. A copy of the notice and prescribed application form can be obtained from the Council’s Licensing Team. They are also available on this website on the application forms page. Further guidance is available from our policies and guidance page. If you would like some advice on a particular change you are contemplating please contact the Licensing Team.

There is no need for copies of the application to be sent to the responsible authorities – if the licensing authority has any doubt about whether the application will have an adverse impact on one or more of the licensing objectives we will consult the relevant responsible authority.

The Licensing Authority has 15 working days, following the day you give the application to us to decide if it should be granted or refused. Licensing officers will reject applications that threaten the licensing objectives, and these applications would then have to go through the full variation licensing process, including, if necessary a hearing of the licensing sub-committee.

The time scale for processing the application will not start until the Licensing Authority is satisfied that it is in receipt of the necessary documentation, application fee and information.

Will Tacit Consent Apply?

No, the Licensing Service has 15 working days after the Service has accepted your application to decide whether to grant the application. If you have heard nothing from the Authority within the 15 working days then you should regard the application as refused.

How to Apply

A copy of the notice and prescribed application form can be obtained from the Council’s Licensing Team. They are also available on this website on the application forms page. Further guidance is available from our policies and guidance page.

Apply online here - this service is not yet available

When completing the application please ensure if you are applying for a minor variation under category (d) that you enter on the application form the days and times of each licensable activity requested. If you fail to do so a delay in processing the application may occur as we have to request the additional information. Unfortunately the prescribed application form is not clear and the advice contained within it can be easily missed. When applicants wish to apply for the addition of live and/or recorded music onto a premises licence or club premises certificate we recommend that you seek advice from the police licensing section and the Council’s Environmental Health Team prior to submitting the application. The Licensing Authority will invariably make contact with both of these authorities prior to approving a minor variation and experience has shown that representations are often received from them requesting amendments or the addition of extra conditions. As a result some applications are being rejected causing wasted time and effort for all those involved in the process. If you are unsure or need advice when applying for a minor variation please contact the Licensing Team who will be pleased to assist you.

Public Notice Template

This notice must be displayed at the premises so members of the public passing on the street outside can see and read it without difficulty. It must be displayed for 10 clear working days. The Licensing Authority will check that it is displayed correctly. This is to give neighbours an opportunity to make representations which we, as the licensing authority, must consider, but there will be no hearing. The notice must be printed on white paper and with a font of not less than size 16 arial.

Access Minor Variation Public Notice template here

Failed Application Redress

If an application for a minor variation is refused there is no right of appeal. Instead an applicant may reapply with an amended minor variation application and the Licensing Authority is able to carryover the original application fee to the second application. Alternatively it is also open for the applicant to make a full variation application and similarly the original application fee can be counted towards the full variation fee.

Should you require further information on this please contact the Council’s Licensing Service.

Appeals

If an application for a minor variation is refused there is no right of appeal however please see the ‘Failed Application Redress’ section above.

Consumer Complaints

An interested party or responsible authority may apply to the licensing authority to review the premises licence. A hearing will be held by the licensing authority in these circumstances.

Appeals are made to a Magistrates' court within 21 days of notice of the decision.

The court’s address is: Central Devon Magistrates Courts, Exeter Combined Court, Southernhay Gardens, Exeter, EX1 1UH

Trade Association

BII http://bii.bii.org/home

DCMS http://www.culture.gov.uk/what_we_do/alcohol_and_entertainment/default.aspx

Trading Standards http://www.devon.gov.uk/trading_standards

British Beer and Pub Association http://www.beerandpub.com

Page last updated on 24 May 2012