07 September 2008


Applications for Variation

During the transition period, any variations to existing justices licences, or occasional licences, to take effect during transition, must still be applied for through the Licensing Justices. Likewise, any variations to public entertainment, cinemas and theatre licences will still need to be made to the Council.

Variations to apply following the end of the transition period will also need to be made to the Council. You will need to complete an application form (Part B). There are special provisions if you are just changing the designated premises supervisor which are set out below.

An application to vary a licence must be made to the Licensing Authority

The following documents must be enclosed:

You must also advertise the application and, on the same day you give the application to the Licensing Authority, provide each responsible authority with a copy of the application and accompanying documents.

Decision making
We are required to make our decisions regarding the granting of licences utilising our policy and having regard to four licensing objectives.

The licence requested will be granted (possibly subject to certain mandatory conditions regarding matters such as the sale of alcohol, door supervisors or exhibition of films etc. or conditions consistent with the operating schedule unless representations have been made by a responsible authority or other 'interested parties'.

An 'interested party' includes:

  • Any person living in the vicinity of the premises and/or any body representing such persons
  • Any person involved in a business in the vicinity and/or a body representing such persons

note: this does not include either a local MP or the local authority

Representations can be made with regard to the likely effect of the grant of the licence on the promotion of the licensing objectives and / or with regard to the identity of the designated premises supervisor. However, representations (other than those from the responsible authorities) will not be considered relevant where the licensing authority considers them to be frivolous or vexatious.

The Council's licensing committee will consider these representations with regard to the licensing objectives and may, on this basis, either decide to

  • Grant the licence, subject to any appropriate conditions
  • Grant the licence but exclude one or more of the licensable activities
  • Refuse to accept a person as designated premises supervisor
  • Reject the application.

Timing
Neither the Premises Licence nor any variation to existing licence terms will come into effect until the second appointed day (November 2005) This date will be set by the Secretary of State. Thus, during the transition period, existing licences will continue to be enforceable.

Changing the designated premises supervisor
If the only variation you wish to make is to change the designated premises supervisor you must

  • Complete the relevant application form (Part B)
  • Provide a form of consent by the individual personal licence holder who will be taking over the role
  • If the person who is applying to vary the licence is not the current licence holder, a form of consent must also be completed. This is to ensure that the existing licence holder gives their consent to the application.
  • Enclose the Premises Licence or a statement with reasons as to why the licence cannot be provided

On the same day you give the application to the Licensing Authority you must provide a copy of the application and the accompanying documents to the Police and the existing designated premises supervisor. If the Police consider that the appointment will undermine the crime prevention objective they can object within 14 days.

Once the application is received by the Licensing Authority it is given interim effect so that you can continue to sell alcohol while the application is being determined.

The variation must be granted if there is no police objection, however if there is the Licensing Committee will hold a hearing to determine the application.

When an application is granted the licence holder must notify the former designated premises supervisor or if rejected the designated premises supervisor (operating under the interim authority)

Application
If you wish to apply for a licence you can either: