The Licensing Act 2003 allows premises licence and club premises certificate holders to apply for minor variations to their licences in certain cases.
For example, it's possible to make minor changes to the layout of a premises or to add some activities to a licence, eg regulated entertainment, provided that the variation does not have an adverse effect on any of the licensing objectives.
However, this procedure may not be used to:
- extend the period for which the licence has effect
- vary substantially the premises to which it relates
- change the designated premises supervisor
- add the sale or supply of alcohol
- authorise the supply of alcohol at any time between 11pm and 7am
- authorise an increase in the amount of time on any day during which alcohol may be sold or supplied.
How to apply
The holder of a premises licence may apply to the licensing authority for a minor variation of the licence. The application must be made to the licensing authority for the area in which the premises is situated. You can apply online or by post.
You can apply and pay online on the GOV.UK website. You'll need to download a copy of the application form and fill this in using Adobe Acrobat Reader.
You'll also need to upload any accompanying documents.
You can apply by post by sending your completed application form along with any accompanying documents, to: Barnsley Metropolitan Borough Council, Licensing, Legal Services, PO Box 634, Barnsley, S70 9GG.
Please make sure you enclose a cheque for the correct amount, made payable to Barnsley MBC. Your application isn't valid without the inclusion of the necessary payment.
Your application must include:
- the required fee
- an operating schedule
- plan of the premises
- if alcohol is to be sold, the name of the designated premises supervisor
- confirmation that the application has been simultaneously served to the appropriate responsible authorities
The fee for a minor variation to a premises licence is £89.
What happens next
The licensing authority must grant an application only if it considers that none of the variations proposed in the application could have an adverse effect on the promotion of any of the licensing objectives. In any other case, the authority must reject the application.
The licensing authority must consult with any or all of the responsible authorities as appropriate and consider any comments received. Members of the public have ten working days from the day after the licensing authority receives the application to submit representations. The council must therefore wait until this period has elapsed before determining the application, but must do so at the latest within 15 working days; beginning on the first working day after we receive the application, with effect that either:
- the minor variation is granted; or
- the application is refused.
Tacit consent does not apply. This means that even if you have not heard from the licensing authority by the end of the target completion period of 30 calendar days, you will not be able to act as though your application is granted.
If we fail to respond to you within 15 working days, the application will be treated as refused and we will return the fee to the you forthwith. However, if agreed with you, we may instead treat the undetermined application as a new application using the fee you originally submitted.
The timescales for processing an application do not start until all the necessary information has been received in full.
- ALMR - Association of Licensed Multiple Retailers
- BECTU - Broadcasting, Entertainment, Cinematograph and Theatre Union
- FLVA - Federation of Licensed Victuallers Associations
If you want to make a complaint about a licensed premises, please contact us.
Please also see our review of a premises licences.