In July 2009 a new ‘Minor Variations’ procedure was introduced. This does not replace the traditional variation procedure, (now to be referred to as a Full Variation), but can be used instead for some small changes to the Premises Licence.

Examples could include

minor changes to plans;
addition of non contentious regulated activities or the extension of those same regulated activities where no additional problems are likely to be encountered;
addition of late night refreshment;
removal of outdated conditions.

Application Process

The legal procedures are quite different, quicker and cheaper, BUT the responsibility is upon the applicant to be sure they meet the requirements, as there are no Licensing Committee hearings or rights of appeal; only the simple grant or refusal of the application.

It is therefore imperative that if any application is to be made, it is done with the support of the Police and any other, relevant Responsible Authority (see Section E for information on Responsible Authorities.).

It is for the Licensing Team to decide which Responsible Authorities it forwards the applications to, but it must be assumed that The Police, The Fire Authority and the Environmental Protection (Noise team) will receive most, if not all of them.

‘Trading Standards’ and ‘Child Protection’ will normally receive applications if there are any proposed changes involving under 18’s.

The onus is upon the applicant to contact the Responsible Authorities to explain what they are intending to do by way of minor variation.

The key reason for contacting and speaking with the relevant Responsible Authorities is that, if upon receipt of an application, the Responsible Authority objects to the variation; then the application will be refused, because that is the legal requirement.

The fee will not be refunded if the application is refused and since there is no hearing (Licensing Committee) or rights of appeal, the applicant will need to make a more expensive ‘Full’ application to vary their Premises Licence.

The key considerations are that

The Minor Variation application cannot be made for the addition to the Premises Licence for the supply of alcohol, or an increase in the hours during which alcohol is to be supplied.
It may be unwise to use the Minor Variation application for any change that is likely to affect the promotion of at least one of the Licensing Objectives, unless there is agreement with the relevant Responsible Authority(‘s), and any proposed conditions are added by the applicant to the application form.
A site notice must be displayed for 10 working days, and this may result in neighbours (interested parties) making representations, which the Licensing Authority must consider. However representations are only relevant if, in the opinion of the Licensing Officer, the grant of the variation is likely to affect the promotion of the Licensing Objectives.
Torbay Council must grant or refuse the application within 15 working days starting on the day after the application has been received. If it fails to do so, then it will be deemed to have been refused.

An application for a Minor Variation to a Premises Licence can be made at any time. The process is simpler than a ‘Full’ Variation, but any changes; including any additional, new or removed conditions, need to be included in parts 3 & 4 of the application form. The application form (see below) needs to be provided along with the following information:-

A plan of the premises licence if this is being varied (see above).
The details of the variation included as part of the ‘operating schedule’. This may include new conditions if the variation for example, is an extension of operational hours, or an addition of an activity; i.e. live music. (This is part of the application form.)
The fee (see section H).
The application must be advertised by site notice (see below).

Advertisement of Applications

In the case of an application for a minor variation to a premises licence the applicant must advertise the application by way of a site notice, in accordance with the following requirements:

Content of the Site Notice

The site notice must include the following information:

The name of the applicant; this will normally be the licence holder.
The postal address of the premises, or if there is no postal address for the premises, a description of those premises sufficient to enable the location and extent of the premises to be identified.
The postal address and the worldwide web address where the register of Torbay Licensing Authority is kept, (www.torbay.gov.uk) and where the record of the application may be inspected.
The last date by which an ‘Interested Party’ or Responsible Authority’ may make representations to the licensing authority. (This date must be ten (10) working days after the date, on which the application is submitted to Torbay Council’s Licensing Authority).
A notification that representations shall be made in writing, or by e-mail to licensing@torbay.gov.uk and must include the name and address of the interested party, or the responsible authority.
A notification that it is an offence to knowingly or recklessly make a false statement in connection with an application and that the maximum fine, for which a person is liable on summary conviction, is £5000.
A brief description of the proposed minor variation.

Can a Minor Variation be Granted Automatically?

No. it is in the public interest that the Torbay Licensing Authority must process your application before it can be granted. Submission of an application does not guarantee that it will be granted.

If you have not had a response to your application within 15 working days, please contact Torbay Licensing Authority by E-mail: licensing@torbay.gov.uk.

Site Notice Requirements

The site notice must be printed on white paper, of size A4 or greater.
The site notice must be printed legibly in black ink or typed in black, in a font size equal to or larger than, 32 for the heading text and 16 for the body text.
The site notice must be correctly completed and prominently displayed at or on, the premises to which it relates.
The site notice must be displayed so that it can be conveniently read from the exterior of the premises by members of the public.
The site notice must be displayed for ten (10) working days; starting on the day after the day, on which the minor variation application, was submitted to Torbay Council’s Licensing Authority.
If any part of the external perimeter of the premises abuts a public highway, or other place accessible to the public, for a distance of one hundred (100) metres or more, then a copy of the site notice must be displayed at every fifty (50) metre interval.

Press Notice Requirements

There is no requirement to publish a press notice in respect of an application for a minor variation to a premises licence.

Cumulative Impact Policy

In Torquay town centre and harbour-side is a Cumulative Impact Policy, which can limited the opening of new premises or those undertaking significant variations. If this potentially applies to a new business, it is important to read the document below and read the appendix one of the Licensing Policy.

Applications

You are able to apply for a Minor Variation to a Premises Licence or Club Premises Certificate online , you can pay online using our secure online server.

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