Minor variation to premises licence

The Licensing Act  allows Premises Licence and Club Premises Certificate holders to apply for minor variations to their licences in certain cases.

For example, it is possible to make minor changes to the layout of a premises or to add some activities to a licence e.g. 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, or 
  • 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.

An application for a premises licence must be made to the Licensing Authority for the area in which the premises is situated. You can apply online or in writing.

Online

Applications and credit/debit card payments can be made using the UK Welcomes webpage on the GOV.UK website:

By Post

Postal applications may be made by sending a completed form, along with any accompanying documents:

Return your application to:

The Licensing Section, Regulatory Services, Barnsley Council, PO Box 634, Barnsley, South Yorkshire, S70 9FB.

Please ensure you enclose a cheque for the correct amount, made payable to Barnsley MBC. Your application will not be considered to be valid without receipt of the necessary payment.

Your application must include:

Licence fee

The fee for a Minor Variation to a Premises Licence is £89.00.

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. Barnsley Metropolitan Borough 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 received the application, with effect that either,

  • the minor variation is granted, or 
  • the application is refused

Will tacit consent apply?

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 an applicant within 15 working days, the application will be treated as refused and we will return the fee to the applicant forthwith. However, if agreed with the applicant, we may instead treat the undetermined application as a new application using the fee originally submitted.
The timescales for processing an application do not start until all the necessary information has been received in full. 

Trade associations

ALMR - Association of Licensed Multiple Retailers
BECTU - Broadcasting, Entertainment, Cinematograph and Theatre Union
FLVA - Federation of Licensed Victuallers Associations

Complaints

If you want to make a complaint about a licensed premises, please contact us. See also Review of a Premises Licence.