Minor variation of a premises license
Minor variation of a premises licence
A minor variation procedure allows licence holders to make small changes to their premises licence. Only changes that will not undermine the licensing objectives are permitted under this procedure. Any of the following process are considered a minor variation:
- minor changes to the structure or layout of a premises (for example repositioning the bar counter
- small adjustments to licensing hours (this cannot include hours for alcohol)
- removal of irrelevant or unenforceable conditions or the volunteering of new conditions.
- save a copy of the completed form for your own records
- make the payment of the fee using a debit or credit card
- you do not need to send additional copies to the responsible authorities when you make a minor variation application, as we will carry out the consultation.
Apply by post
- Complete and print the minor variation application form
- keep a copy of the completed form for your own records
- send the original completed form with a cheque for the required payment (made payable to Kingston Council) to the Licensing Team. You can also pay over the phone by calling 0208 547 5080
- you do not need to send additional copies to the responsible authorities when you make a minor variation application, as we will carry out the consultation.
When you apply for a minor variation to a premises licence you must provide the following with your completed application form:
- plans of premises: If the plans of the premises are changing you must include a revised plan of the premises. The plan must be clear and legible in all respects. You can use a legend to explain the symbols used on the plan
- the correct fee.
Advertising your application
You must advertise your application with a site notice. This notice must be displayed prominently at or on the premises to which the application relates detailing the application. The poster must be displayed where it can be conveniently read by the public. The poster must be displayed for a period of 10 working days from the day after the date on which the application is submitted. It must be equal or larger than A4, printed legibly in black ink or typed in black in a font of a size equal to or larger than 16 on white paper.
What happens next
We will check that:
- the application is correctly completed
- the application meets the criteria to be a minor variation
- if has been advertised correctly
Licensing Objectives
You can only apply for a minor variation if what you want to do will have no adverse impact on the promotion of any of the four licensing objectives:
- the prevention of crime and disorder: for example drug-related problems, disorder, drunkenness and anti-social behaviour
- public safety: the physical safety of people using the venue
- the prevention of public nuisance: for example noise from music, litter and light pollution
- the protection of children from harm: for example ensuing alcohol is not sold to children
If the licensing authority believe that the application could have an adverse impact on the licensing objectives they must reject the application.
There are limitations to the type of application that can be considered as a minor variation. If you want to make any of the following changes to your premises licence, you must make an application to vary the licence
- varying substantially the premises to which the licence relates
- adding the sale of alcohol to a premises licence
- increasing the amount of time during a day that alcohol may be sold
- adding licensable activities
- varying the hours during which a licensable activity is permitted, and
- amending, adding or removing relevant conditions within a licence.
If there is a problem
If there is a problem with the application, we may contact you for further information or return the application (or part of it) for your attention. Until these problems are solved your application is not valid and the consultation period will not start.
Notifying responsible authorities
We will consult with the responsible authorities if we believe that one or more of the licensing objectives may be affected by the proposed changes.
How long does it take to determine on an application
There is a statutory 10 working day consultation period during which representations can be made from responsible authorities and other persons.
The decision
We must determine the application within an additional 5 working days. There is no provision for a hearing by the Licensing Committee. Where we receive relevant representations, and where we feel that the application could have an adverse impact on the licensing objectives we must reject the application. If we believe there is no adverse impact on the licensing objectives we must grant the application. We cannot impose conditions however we can add any conditions volunteered by the applicant.
If your application is rejected or refused
If the minor variation application is not accepted because it does not meet the minor variation criteria or it has been considered or is rejected because it may have an impact on the licensing objectives you may submit a variation application.