If you own or run a hotel, restaurant, club, bar or off-licence, you will already know that changes to a Premises Licence under the Licensing Act can be expensive and complicated. What with costly licensing fees payable to the Local Authority, stringent requirements on timing, the need to advertise the application, dealing with both the objections and the committee hearing, a variation to your Premises Licence can be something of a minefield.

Now, the “Minor Variations” procedure is available, in an attempt to simplify the procedures and make it less costly for licensees.

The new legislation was delayed as it went through the Commons and then the House of Lords, due to concerns that more substantial variations or “controversial” variations, such as those involving adult entertainment, such as lap dancing, might slip through the net.

The end result is that the new procedure is not the simple notification process originally intended. The regulations do, however, allow minor variations to be made without premises licence holders having to go through the arduous full application process.

Examples of the changes to premises licences that are considered “minor” are:

• Minor changes to the layout of the premises.
• Removal of unenforceable or irrelevant restrictions.
• Addition of voluntary conditions (these may have been suggested by a Responsible Authority, such as the police or the council's noise nuisance team).
• Adding Regulated Entertainment to the Licence, for example live music or dancing, as long as it does not impact adversely on the licensing objectives contained in the Licensing Act 2003. The licensing objectives are public safety, prevention of public nuisance, the protection of children from harm, and the prevention of crime and disorder.
• Small adjustments to the licensing hours.
  Although this procedure cannot be used to increase hours beyond 11pm or before 7am, an application can be made to move the hours (without increasing the actual number of hours) or to reduce the hours.

The Licensing Authority charges a standard scale of fees for all licensing applications and, for normal variations, fees range from between £100 and £1,905, depending on the rateable value of the premises.

Under the Minor Variations procedure, there is a flat licensing fee of £89. The media has reported that this could save the industry in the region of £2.3 million a year, although the £89 fee is still higher than was originally envisaged.

There is no need to advertise the application in a local newspaper, as is the case with regular variations. In the case of standard variation applications, statutory advertisements (which must be placed in a newspaper which circulates in the area local to the premises) can add an average of £300 to the costs of the application.

There is also no need to send copies of the application to the Responsible Authorities, such as the police, fire authority, planning and environmental health.  Instead the Licensing Authority may notify these authorities. The guidance states that the council licensing officers should consult with the relevant authorities ‘if there is any doubt’ about the impact of the variation on the licensing objectives contained in the Licensing Act 2003, but this is not a compulsory requirement to consult.

Although there is no need to advertise, a white notice must be placed on the premises to publicise the application made to members of the public (a blue notice is required for all other licensing notices).

Interested parties in the vicinity of the application have ten working days from the date after the application was received to make representations on the likely effect of the variation on the licensing objectives. There is no right to a hearing, but the licensing officer must take any relevant representations into account.

The licensing authority must make its decision within 15 working days of having received the application. If it fails to make a decision in that time, the application is deemed to have been refused and the application fee must be returned, unless the licensing authority and the applicant agree it can be treated as a contribution to a new application.

The decision on whether to grant the application for a Minor Variation is entirely at the discretion of the Licensing Officer and there is no committee hearing held if the variation is rejected.  Also there is no right of appeal.

Any negative impact on the licensing objectives will be the deciding factor as to whether an application is accepted or rejected. A failed applicant can apply for a full variation and must comply with all the requirements of a standard application.

The new scheme has taken two years to implement after pressure from the licensed trade and from local authorities. It does represent a simplified and fast procedure, but care should be exercised in deciding which variations are suitable for this procedure, and which variations need to follow the traditional route.

This complex area of law involves a great deal of detail and should be examined in consultation with a Licensing expert.

Please contact Maria Guida on 0207 749 2720 or email: meg@silvermansherliker.co.uk for further information.