Minor Variation of a Premises Licence

A minor variations procedure has been introduced in order to allow operators to make small changes to their premises licences. The procedure was introduced as the financial cost to operators of making minor amendments to their licences was found to be disproportionate in view of the negligible impact such changes would have.

Only changes that would not undermine the licensing objectives are permitted under this procedure.

Councillors have no role in the procedure. Residents can make representations but there is no hearing, as decisions are made by officers.

What Type of Applications will be Made under this Process?

The Guidance envisages 4 main types of minor variation application:

• Minor changes to the structure or layout or a premises
• Small adjustments to licensing hours
• Conditions: removal of irrelevant or unenforceable conditions or volunteering of conditions
• Licensable activities: adding certain licensable activities

The fee per application is £89, and notably if the application is not dealt with within 15 days, the fee must be refunded.

The Application Procedure

Applications are made to the licensing authority on standard forms. The application must be advertised on a white notice at the premises. There is no requirement to advertise the application in a local newspaper and no requirement to notify the responsible authorities.

Timescale

The licensing authority must process the application and determine it within 15 working days

The first 10 working days of the 15 working day period constitute a consultation period in which Interested Parties may make representations to the licensing authority. A determination cannot be made during the 10 day consultation period.

If an application is refused because the Licensing Authority do not consider the variation to be minor then the applicant will have to go through the full variation procedure with a 28 day consultation and the requirement to advertise.

If an applicant is in doubt whether their proposal would be classed as a minor variation they are advised to contact the licensing team to discuss the matter.

Contact licensing@havering.gov.uk