Variation of a premises licence

This page gives you information about making changes to your premises licence under the Licensing Act 2003 by applying for a variation. You will find details on how to apply including application forms, application fees, and any additional supporting material that must accompany your application.

If you want to make any changes to what is authorised by your premises licence, you are required to make an application to vary the licence. Possible changes include:

• varying substantially the premises to which the licence relates
• adding to 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.

Variation of the designated premises supervisor

To make changes to the personal licence holder specified on a licence you should apply to vary the designated premises supervisor.

Minor variation to an existing premises licence

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 volunteering of conditions

How to apply for a full variation

An application for a premises licence can be made in one of two ways:

Apply online

• complete the the online form
• save a copy of the completed form for your own records
• make the payment using a debit or credit card
• you do not need to send an additional copy to the responsible authorities when you make an online application, as we will fulfil these requirements.  

 Apply by post

• Complete and print the variation of premises licence 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
• a copy of your application must be sent to each of the responsible authorities 

When you apply to vary your premises licence you must provide the following with your completed application form:

Operating schedule

The operating schedule, which forms part of the application form, explains how you propose to operate the business and promote the four licensing objectives. It includes:

• what activities will take place
• the proposed hours
• the duration of the licence (if appropriate)
• who the designated premises supervisor is
• whether alcohol will be sold, and if so whether it will be consumed on or off the premises
• what steps you will take to promote the four licensing objectives

It should take into account the type, size, location and opening hours of the premises.

You should be aware that what you write in your operating schedule will be used to produce conditions that will be attached to your licence. So, you should make sure that the steps you are suggesting are realistic and within your control. If a licence is granted with conditions attached requiring the implementation of such steps, the conditions will be enforceable in law and it will be a criminal offence to fail to comply with them.

Before completing your operating schedule you are strongly advised to read the Council’s Statement of Licensing Policy, which gives clear guidance on our policies and expectations.

Consent of designated premises supervisor

If you are selling alcohol you must have consent from the person who will be the designated premises supervisor who must hold a personal licence.

Every premises licensed for the sale of alcohol must have someone named as the designated premises supervisor (DPS). The DPS is responsible for the sale of alcohol at licensed premises. They also act as the main point of contact for any licensing, compliance or enforcement enquiries. The DPS should be a person with sufficient authority to control and direct activities at the licensed premises. Normally, this is the person who has day to day responsibility for running the premises. The DPS can also be the premises licence holder. A premises licence can only name one DPS, but a DPS can be named on more than one premises licence.

Plans of the premises

All applications for a premises licence must include a plan of the premises. The plan must be clear and legible in all respects and must show:

• the boundary of the building, including any external and internal walls and, if different, the perimeter of the premises
• points of access to and egress i.e. doors
• location of escape routes from the premises
• the area within the premises to be used for each licensable activity
• fixed structures including furniture and temporarily fixed objects, such as seating, which may affect escape routes
• location and height of any stage or raised area relative to the floor
• location of any steps, stairs, elevators or lifts
• location of all toilets
• location and type of any fire safety and other safety equipment
• location of a kitchen, if any, on the premises

You can use a legend to explain the symbols used on the plan.

Application fee

The fee is based on the non-domestic rateable value of the premises. You must include the correct fee with your application. You can find details of your non-domestic rateable value on the Valuation Office Agency Website.

Annual fee

An annual fee is payable by the holder of a premises licence. The fee is based on the non-domestic rateable value of the premises. 

Notifying responsible authorities

You must submit a full copy of the application and all the accompanying documents to each of the responsible authorities. If you do not do this, your application will be invalid. You do not need to a full copy of your application to the responsible authorities when you make an online application through Gov.UK, as we will fulfill this requirement

Advertising your application

You must advertise your application in the local newspaper and with a site notice(s).

Local newspaper

The newspaper notice must be published in a local newspaper on at least one occasion during the period of ten working days starting on the day after the day on which the application was given. A copy of the newspaper advertisement should be forwarded to this office.

Site notices

You must advertise your application at the premises. 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 minimum of 28 days starting on the day after the day on which the application was given to the licensing authority. It should be equal or larger than A4, of pale blue colour, printed legibly in black ink or typed in black in a font of a size equal to or larger than 16. 

What happens next

We will check that:

• the application is correctly completed
• the responsible authorities have a copy
• if has been advertised correctly

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.

Determination of applications

There is a statutory 28 day consultation period during which representations can be made both in favour, or against an application. If we receive no representations within the 28 days, we will grant your application as applied for, subject to the conditions offered in your operating schedule.

What happens if representations are received

Where we receive relevant representations, we will hold a hearing of the council's licensing committee to decide on the application (unless all parties agree that a hearing is not necessary). We will tell you about the arrangements for the hearing.

The decision

After the committee has heard all parties it will make its decision. The Licensing Committee may:

• grant the licence as applied for
• grant the licence but modify the conditions of the licence, or reduce the hours of licensable activity
• reject the whole or part of the application

 This decision is usually made at the time of the hearing. This will be confirmed in writing with the reasons for the decision along with information on what you need to do if you want to appeal.

Appeals

Both the applicant and anyone making representations can appeal to the local magistrates' court if they are dissatisfied with the decision. 

Once your licence is granted

The premises licence summary must be prominently displayed on the premises and a copy of the full licence kept on the premises available for inspection. If you lose the licence you can apply for a copy by writing to us and enclosing the required fee. We will issue you with a replacement licence as soon as possible and in any event within 14 days.