How To ...

This section provides valuable information on:

• How to vary hours and activities in a new licence
• How to change a manager as DPS
• How to get a Personal Licence
• How to transfer a Premises Licence
• How to get a Criminal Record Bureau disclosure certificate
• Licensing Act 2003 – How to Apply for a Temporary Event Notice (TEN)
• Licensing Act 2003 – How to Apply for a Personal License

How to vary hours and activities in a new licence (Licensing Act 2003)

The premises licensee can make an application at any time and as often as they like to vary hours and activities using the attached 21 page word form headed “Application to vary a premises licence under the Licensing Act 2003”.

• It must be copied to all the relevant authorities
• The fee is based on rateable value as set out in the fees table, no VAT
• The Act and the regulations show no requirement to attach a plan, but the checklist on page 20 says “I have sent copies of this application and the plan to…” This may be an error in drafting the form and needs to be clarified.
• It must be advertised both on site and in the newspapers to the same regulations as at transition
• The NEW STYLE premises licence must be attached, or a reason given for the failure to do so
• No consent forms are required

It cannot be used for alterations to the structure

The Act states that a variation may not be used “to vary substantially the premises to which it relates”. That requires a new licence application for which attaching a plan is mandatory.

“Substantial alterations” are not defined. It is likely that relocating bars and furniture is a variation and that taking down walls, building extensions of any size and bringing unlicensed areas into licensable use are major alterations requiring a new licence.

Objections and hearings

Regulatory authorities and neighbours can object to anything in the variation, which will lead to a hearing if not withdrawn. They cannot use the hearing to oppose the basic licence terms – that will require objectors to apply to the LA for a review of the licence.

The hearing can attach conditions to the grant of the variation.

Download

Application to vary a premises licence under the Licensing Act 2003 (PDF 522kb)

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