Variations to Licensed Premises
MARCH 2010
THE PROBLEM
We’ve just refurbished an old pub and turned it into a wine bar. The refurbishment works included an extension to the bar and the creation of a number of raised areas. However the Local Authority’s Licensing Department have just inspected our bar and told us that the Premises Licence needs to be varied.
The local Police have also visited us and are concerned that the change to a bar will have an adverse impact on crime and disorder. They have asked us to install CCTV and employ security after 21:00. What should we do?
THE LAW
Changes to fixed structures and raised areas in licensed premises require a variation to the Premises Licence. Until now, there was little distinction between the application process to vary a Premises Licence and an application for a new Premises Licence. However, the Government has now amended the Licensing Act to make it easier to make ‘minor’ variations. The existing full procedure will be retained for variations that are not ‘minor’.
So, what is a ‘minor’ variation? Generally these will fall into four categories:
- minor changes to the structure or layout of the premises;
- small adjustments to the licensing hours;
- the removal of out of date irrelevant or unenforceable conditions or addition of volunteered conditions; and
- the addition of certain licensable activities (e.g. performance of plays or exhibition of films).
Certain changes cannot in any circumstances be ‘minor’, notably adding the sale by retail or supply of alcohol as an activity, or any increase in opening hours.
Under the new rules, the application to make one or more ‘minor’ variations will be made to the Licensing Authority.
The Licensing Authority must then consult such responsible authorities that it considers appropriate and must take account their comments. It must also consider any relevant representations made by local residents or businesses.
The minor variation application must be determined by the Local Authority within 15 working days following receipt. If it is not determined within that time frame, then your application will be deemed to have been rejected, and the fee and application must be returned.
If, having been through this process, the Licensing Authority considers that the proposed variation(s) ‘could have no adverse effect’ on the promotion of the licensing objectives, it must grant your application.
EXPERT OPINION
Your refurbishment has triggered the need to vary the Premises Licence. Fortunately you can use the simplified Minor Variations application process.
Although the comments from the Police could simply be regarded as a request, you should engage with them. Assuming their requests are not already conditions under the Premises Licence, you should try to assess whether these are routine requests or whether they are based on specific local problems with drinking related crime and disorder. The simplest way to deal with this is by entering into a Memorandum of Understanding with the Police. Otherwise, you could volunteer the points as conditions to the Premises Licence as part of the Minor Variations application. CCTV in bars and clubs has essentially become commonplace today.
TO DO CHECKLIST
- Apply to the Local Authority for a Minor Variation to your Premises Licence: This will be on a new form, with a flat fee of £89. No other authorities need be notified, nor does the application have to be advertised in a local newspaper; however, a white (as opposed to pale blue) notice must be displayed at the premises.
- Enter into a dialogue with the Police and deal with their concerns
- Install CCTV
BEWARE
Licensing is often low on the list of priorities when refurbishments and/or changes of ownership of licensed premises take place. However, licensing Authorities and the Police are now quick to check on newly transferred Premises Licences. So the sooner you engage with those authorities to ensure you are complying with your obligations, the better.
If you would like any further information about the issues raised in this article or any other aspect of property law please contact James Daglish or any other member of Goodman Derrick LLPs property department on 0207 404 0606.
This guide is for general information and interest only and should not be relied upon as providing specific advice. |
