Minor Variations to a Premises Licence
OCTOBER 2009
Until now, there was little distinction between the application process to vary a Premises Licence and an application for a new Premises Licence. So you still had to notify all the various authorities, advertise the application, and wait 28 days to see if there were any representations, even if the change was very small - for example, to vary the plans to show an extended bar or a different fire exit. For minor variations, therefore, the cost, paperwork and time involved was often disproportionate to the change being made.
Following a recent consultation, the Government has amended the Licensing Act so as to make it easier to make ‘minor’ variations, which they estimate make up around 30% of all variation applications. The existing full procedure will be retained for variations that are not ‘minor’.
So, what will constitute 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minor changes to the structure or layout of the premises; small adjustments to the licensing hours; the removal of out of date irrelevant or unenforceable conditions or addition of volunteered conditions; and the addition of certain licensable activities (e.g. performance of plays or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 proposed increase in the amount of time on any day during which alcohol may be sold by retail or supplied.
Under the new rules, the application to make one or more ‘minor’ variations will be made to the Licensing Authority. 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 or circular; however, a white (as opposed to pale blue) notice must be displayed at the premises.
The Licensing Authority will then be under an obligation to consult such responsible authorities that it considers appropriate and to take account of any comments made by those authorities. It must also consider any relevant representations made by local residents or businesses which are received within 10 working days of the date of the submission of the application.
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 the application will be deemed to have been rejected, and the fee and application must be returned. The Licensing Authority and applicant can however agree to treat the application as having been re-submitted at that point, in which case the time frames as above begin running again.
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 the application.
Overall, when these changes are brought into effect, many in the industry will I am sure welcome them. As it stands the one foreseeable problem with these changes is the timing mechanism for determining the applications. If the application has not been determined within the 15 working day period, then the applicant has no real choice: it must either accept the automatic rejection of the application, and perhaps re-apply, or agree to treat the application has having been re-submitted and so start the clock running again. This defeats the purpose of having a time frame for determining applications! In practice, though, we suspect that this will not affect the vast majority of applications.
If you would like any further information about the issues raised in this newsletter, or any other aspect of property law, please contact James Daglish on 0207 404 0606.
This guide is for general use and information only and should not be relied upon as providing specific legal advice. |
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