Application for a minor variation
The minor variation procedure can be used to make small changes to a premises licence. Only changes that will not undermine the licensing objectives are permitted under this procedure.
The Licensing Objectives are:
- Prevention of crime and disorder
- Public nuisance
- Public safety
- Protection of children
Main types of minor variation application
- Minor changes to the structure or layout of a premises (eg a repositioning of a bar counter that does not adversely effect staffs’ view of the premises)
- Small adjustments to licensing hours (Cannot increase hours for alcohol)
- Removal of irrelevant or unenforceable conditions or volunteering of conditions
- Adding certain licensable activities. (Not alcohol)
Changes that cannot be made as a minor variation
- Extending the period where a licence has effect (This relates to licences that are for a limited date period)
- Varying substantially the premises to which the licence relates
- Adding sale and supply of alcohol as an activity
- Authorising the sale of alcohol at any time between 11 pm and 7 am
- Increasing the amount of time during a day that alcohol may be sold.
Plans of the premises if the change relates to a minor change in layout
The applicant must place a white notice at the premises from the day after the application is valid and ensure it remains in place for 10 working days
Minor variation application forms
Link to apply online through gov.uk. You will also be able to pay online through this gov.uk link
Link to application form and payment link if you want to apply by email, post or deliver by hand.
Address: Stroud District Council, Ebley Mill, Ebley Wharf, Stroud, GL5 4UB
Telephone: 01453 754440
The fee for a minor variation is £89.
The applicant must advertise the application by displaying a white notice at the premises for 10 working days starting the day after the application is submitted. The white notice must be placed in a prominent position at or on the premises concerned where it can be conveniently read from the exterior of the premises. There is no requirement to advertise the application in a local newspaper
What happens next?
On receipt of the application the Licensing Officers must first be satisfied that it meets the criteria to be a minor variation. If it does, the Licensing Officers must then consider if there would be any impact on the licensing objectives that would cause concern to any of the responsible authorities. If yes they must consult with the relevant authority. For example if the variation related to live music they may consult with the Environmental Noise Protection Section. Additionally the Licensing Officers must take into account any relevant representations from other persons such as residents. If the officers then feel that the application could have adverse impact on the licensing objectives they must reject the application. There is no provision in the Act for a hearing by the Licensing Panel. If the Officers believe there is no adverse impact on the licensing objective they must grant the application. The Licensing Officers cannot impose conditions however they may add any conditions that are volunteered by the applicant.
The Licensing Authority must process the application and determine it within 15 working days starting the day after the application has been received.
The first 10 working days of the 15 working day period constitutes a consultation period in which other persons may make representations to the Licensing Authority and Officers can consult with any responsible authorities they feel may have concerns. A determination cannot be made during the 10 day consultation period.
If the Authority has failed to make a decision in the 5 working days after the consultation period, the application is then deemed rejected and the fee will be refunded to the applicant. In these circumstances, if the applicant and the licensing authority both agree, the minor variation can be resubmitted and the original fee carried across to the resubmitted application.
The fee is not refunded if the application has been considered and rejected by officers.
If the a minor variation is not accepted because it does not meet the minor variation criteria or it has been considered and rejected because it may have impact on the licensing objectives; the applicant may submit a full variation which involves full advertising, a 28 consultation period and will go before a hearing panel if representations are received.