Find out how to make a full variation to a premises licence.
The holder of a premises licence may apply to us for variation of the licence. The areas in which a premises licence can be varied include:
A variation cannot be used to vary a licence so as to:
Depending on the proposed changes, it may be possible for you to submit a minor variation application.
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.
The application must include:
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.
You can also apply for a new licence by downloading and completing an application form and sending it to us.
If you submit a paper application you must also send a copy to the Police, Fire, Public Health, Safeguarding Unit and The Home Office (Immigration Enforcement). You can find their contact details in the list of responsible authorities.
The Responsible Authorities and any Interested Parties have 28 days, beginning with the day after on which the application to vary the premises licence 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 premises licence, we will grant the premises licence 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 premises licence (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 us.
The application must also be advertised by displaying a notice at or on the premises. 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 premises.
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 a statement of the relevant licensable activities and timings that the applicant is applying for 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 we 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 for a premises licence variation, or grant the premises licence variation with restrictions (timings, conditions etc). Otherwise, the premises licence 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.