Application to Vary a Premises Licence

Detailed information on the minor variation process is given in the guidance leaflet at the bottom of this webpage. The minor variation process can only be used for small changes to a premises licence - the minor variation process cannot be used to:

·       Extend the period for which the licence has effect;

·       Vary substantially the premises to which it relates;

·       Change the Designated Premises Supervisor (DPS);

·       Add the sale or supply of alcohol;

·       Authorise the supply of alcohol at any time between 11pm and 7am; or

·       Authorise an increase in the amount of time on any day during which alcohol may be sold or supplied.

The relevant application form for the full variation of a premises licence can be found at the bottom of this webpage. The completed form must be submitted to the Licensing Team with the relevant application fee and the original premises licence. If you are unable to forward the premises licence, then you must give written reasons why this is not possible.

The application form and guidance leaflet below give further general guidance on how to apply for the full variation of a premises licence and details of the relevant application fee.

The application form incorporates an operating schedule. An operating schedule is a document showing how you will promote the four licensing objectives:

·       the prevention of crime and disorder;

·       public safety;

·       the prevention of public nuisance; and

·       the protection of children from harm.

It is important to note that the above are the only licensing objectives and each is of equal importance.

The operating schedule should be prepared from a risk assessment carried out regarding the activity or activities you wish to undertake.  Clearly expert advice, for example from Lincolnshire Police, may be required to ensure that you address all the risks to the licensing objectives.  The Police (and other Responsible Authorities) may request sight of the risk assessment to ensure that all the relevant issues have been addressed. 

You need to satisfy the Responsible Authorities and any other interested parties (e.g., local residents), that you can run the premises responsibly and in accordance with the licensing objectives.  If these people do not feel the steps, you propose are adequate, they may object to the variation application being granted.

You should give consideration to the local area and reflect this in your premises licence variation application. This includes demonstrating an awareness of the local community (e.g., social-demographic characteristics, specific local crime and disorder issues and awareness of the local environment).

Complete copies of the variation application (including the operating schedule) must be served on all the Responsible Authorities:

In addition, you must publish notice of the variation application in a local newspaper on at least one occasion during the period of ten working days starting with the day after the day on which the application is made to the Licensing Authority; and by displaying a pale blue notice on the premises to which the application relates:

·       in a place at which it can conveniently be read by members of the public from the exterior of the premises;

·       for a period of no less than 28 consecutive days starting on the day on which the application is made to the Licensing Authority.

The format in which the notice must be published is attached to the rear of our variation guidance leaflet.

Following submission of the variation application the Responsible Authorities and interested parties have 28 days to object to the proposed variation of the licence. It is therefore essential that wherever possible you liaise with the Responsible Authorities regarding any variation application. Failure to do so may lead to a representation from a Responsible Authority, which if unresolved will lead to a Licensing Sub-Committee hearing (consisting of Councillors), and perhaps thereafter an appeal to the Magistrates Court.  All this will entail expense and time.

Where no objection is made to a variation application the Licensing Authority must grant the application to vary the licence (unless there are specific reasons why it must not do so).

Please contact the Licensing Team by email if you require any more information or advice:

licensing@e-lindsey.gov.uk

MS Word Versions of the Application Forms

MS Word versions of the application forms can be found on the GOV.UK website here:

www.gov.uk/government/publications/premises-licence-variation-application-form

www.gov.uk/government/publications/minor-variations-to-premises-licence-application-form