Find out how to make a full variation to a premises licence.
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.
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:
For the sale of:
Especially where the extension is significant or extends into the late night period.
This includes:
Especially where alcohol sales would continue later into the evening or early morning.
For example, if you:
Where the change is more than minor and could affect the licensing objectives.
Especially if this affects:
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.
You cannot use a variation to:
To do this, you need to apply for a new premises licence.
The fee for your application is based on the rateable value of the premises.
You will need to:
If you cannot provide a premises licence, you need to explain why.
Depending on the variation, you may need to amend your operating schedule.
How to write an operating schedule.
If the variation involves any changes to the plan, you must upload a new plan.
How to create a premises plan.
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.
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.
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.
Once you have gathered this information, you will need to register or log in to our customer portal to apply online.
We will send a copy of your application to the Responsible Authorities.
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:
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.
At the hearing, the committee consider the facts and may:
The committee may refuse the entire variation if it considers that necessary for the promotion of the licensing objectives.
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.