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Apply for a full variation of a premises licence

Find out how to make a full variation to a premises licence.

Please allow extra time for postal applications

Due to recent Ofcom changes, post may take longer than usual to reach us.

Please send postal applications in good time or apply online where possible.

What changes you need to tell us about

You must apply for a full variation where the proposed changes could have an impact on one or more of the licensing objectives.

Examples include:

Extending licensed hours

For the sale of:

  • alcohol
  • late night refreshment
  • regulated entertainment

Especially where the extension is significant or extends into the late night period.

Adding a new licensable activity

This includes:

  • introducing the sale of alcohol where it is not currently authorised
  • adding the sale of late night refreshments
  • adding regulated entertainment
  • increasing the hours you sell alcohol

Especially where alcohol sales would continue later into the evening or early morning.

Substantially changing the premises layout

For example, if you:

  • create a new bar area
  • significantly increase the customer areas
  • change the location of exits or drinking areas shown on the licensed plan

Adding, removing or amending licence conditions

Where the change is more than minor and could affect the licensing objectives.

Significantly increasing capacity or changing the premises operation

Especially if this affects:

  • public safety
  • crime and disorder
  • public nuisance considerations

Substantially changing the nature of the business

This includes any changes to the nature of the business for which you need to amend the operating schedule. For example, changing from a restaurant-style premises to a bar-led operation.

If you are not sure if your variation meets the criteria of a full variation or minor variation, please contact us for advice.

If you want to make substantial changes to any part of your licence, contact the appropriate Responsible Authorities before you submit your application. They can give advice on your application.

Exclusions

You cannot use a variation to:

  • Extend a time-limited licence.
  • Transfer the licence from one premises to another.

To do this, you need to apply for a new premises licence.

Fees

The fee for your application is based on the rateable value of the premises.

  1. Check the rateable value of your premises
  2. View licensing fees on GOV.UK

How to apply for a full variation

You will need to:

Include the premises licence or the relevant part of the premises licence

If you cannot provide a premises licence, you need to explain why.

If you change your operating schedule

Depending on the variation, you may need to amend your operating schedule.

How to write an operating schedule.

If you change your premises plan

If the variation involves any changes to the plan, you must upload a new plan.

How to create a premises plan.

If there are 2 or more applicants: signature confirmation

You only need to submit this if 2 or more people make the application.

All individuals need to sign this document to confirm they understand the licensing application.

Advertise your application

You need to advertise your application. We will let you know when to advertise it after we have checked your application. You don’t need to submit your advertisement with the form.

How to advertise your application.

Additional documents you may be asked to provide

Noise management plan 

In some cases, you may be asked to provide a noise management plan. This is not required for every application.

Read our guidance on writing a noise management plan.

Apply online

Once you have gathered this information, you will need to register or log in to our customer portal to apply online.

Apply for a full variation of a premises licence

What happens next

We will send a copy of your application to the Responsible Authorities.

Objections

Responsible authorities and interested parties will have 28 days to comment in support or against the application. This is called 'making a representation'. Any representations must relate to one of the four licensing objectives. We can ignore or reject comments or objections if we think those comments are:

  • meant to cause trouble
  • silly or trivial
  • repetitive

If no objections are received, we will grant the premises licence variation as requested. This will usually be within 7 days of the end of the 28 day consultation period.

If any objections are received, the application will have to go to a committee hearing. A small group of Torbay councillors will then hear all the facts and make a decision.

We will notify you of any objections and give you the opportunity to attend the hearing in person. We will send you a ‘notice’ telling you the time, date and place. You must complete the notice and return it to us.

Hearing outcomes

At the hearing, the committee consider the facts and may:

  • Grant the variation as applied for.
  • Modify the conditions of the licence by:
    • Altering existing conditions.
    • Removing conditions.
    • Adding new conditions.
    • Amending conditions volunteered in the operating schedule
    • Imposing conditions recommended by responsible authorities that help meet the licensing objectives.
  • Exclude a licensable activity from the scope of the variation. For example, the committee may grant extended opening hours but refuse the addition of live music or late-night refreshment.
  • Reject the whole or part of the variation application. The committee can refuse:
    • specific elements of the application or
    • the entire variation

The committee may refuse the entire variation if it considers that necessary for the promotion of the licensing objectives.

Appeals

If you disagree with the licensing committee’s decision, you can appeal to your local magistrates’ court. You must do this within 21 days of the decision.