The holder of a club premises certificate may apply to us for a variation of the certificate.
The areas in which a club premises certificate can be varied include:
- Varying the hours during which a qualifying club activity is permitted
- Adding or removing qualifying club activities
- Amending, adding or removing conditions within a certificate and
- Altering any aspect of the layout of the premises which is shown on the plan
Depending on the proposed changes, it may be possible for you to submit a minor variation application.
Before making your application please make sure you read our Licensing Principles.8411
Applications must be sent to us if the premises are located in Torbay. There is a consultation period and you will need to advertise the application.
In addition to the application form, the application must be accompanied by the following:
- The correct fee
- Premises Licence plan (scale 1:100) - (only required if the variation includes changes to the internal layout of the premises).
- Club Premises Certificate or, if that is not practicable, a statement of the reasons for the failure to provide the certificate.
If you make an application online, you are not required to send a copy of the application to the Responsible Authorities, we will do this for you.
When you submit the application for a variation online, you must submit a set of the premises plans by uploading them with the application.
You can also apply for a full variation by downloading and completing an application form and sending it to us.7774,7785
If you submit a paper application you must also send a copy to the Police, Fire, Public Health and Safeguarding Unit.8417
Contact details of the authorities that require notices to be sent to them following applications.
Details of licensing fees and annual fees for premises licences and club premises certificates.
The Responsible Authorities and any Interested Parties have 28 days, beginning with the day after on which the application to vary the club premises certificate is accepted, to raise a valid representation if they consider that the application would undermine the four licensing objectives.
If no objection is received against the application to vary the club premises certificate, we will grant the club premises certificate variation as requested. This will usually be done within 7 days from the close of the 28 day consultation period.
The total timescale for dealing with an application to vary a club premises certificate (no objection received) is therefore expected to be no more than 35 consecutive days commencing with the correct receipt of all the paperwork (including all the copies of the application and plans to the Responsible Authorities) and the associated fee.
In all cases, an application must be advertised by publishing a notice in a local newspaper. This advert must be published on at least one occasion within 10 working days of the application being accepted by the Licensing Authority.
The application must also be advertised by displaying a notice at or on the club. This notice must be A4 or larger in size, pale blue in colour and located in such a position where it can be conveniently read from the exterior of the club.
The notice must be printed legibly (font size 16), be printed or typed in black ink and must be displayed for a period of 28 consecutive days. For any premises covering an area more than 50 metres square, two A4 notices must be displayed.
All notices must contain details of the application, including a statement with all of the relevant qualifying club activities and timings that will be affected at the premises.
If a valid representation against one of the four licensing objectives is received from any of the Responsible Authorities or any Interested Parties, the applicant will be notified and the Licensing Authority must hold a hearing to consider the representation/s.
The Committee would consider if the application promotes the four licensing objectives and the burden would be on the Responsible Authority, or any Interested Parties to demonstrate to the committee that they believe it does not. In this case, the committee could either reject the application, or grant the certificate with restrictions (timings, conditions etc). Otherwise, the club premises certificate variation would be granted as requested.
A right of appeal exists to the Magistrates' Court for all parties involved, including the applicant, Responsible Authorities and Interested Parties, however, it must be lodged with the Court within 21 consecutive days of the date of the notice of the decision.
A guide to applying for a licence for premises offering the sale of alcohol, cinema, theatre and music, singing, dancing or similar entertainment, exhibitions of indoor sporting events and hot food and/or hot drink after 11 pm and before 5 am.
Details of the potential impact on the promotion of the licensing objectives where concentrations of similar licensed premises are located in one area.
Guidance on meeting the licensing objectives and writing the operating schedule.
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