Variation to premises licence

The Licensing Act 2003 allows premises licence holders to apply to vary their licence.

A premises licence can be varied by:

  • the hours during which a licensable activity is permitted
  • adding or removing licensable activities
  • amending, adding or removing conditions in the licence
  • changing any aspect of the layout of the premises shown on the plan

You can't vary a premises licence to:

  • extend a time-limited licence
  • transfer it from one premises to another

Depending on the proposed change, you may be able to submit an application for a minor variation instead.

How to apply

You can apply to vary a licence if the premises is in our licensing area. Your application must include:

  • application form
  • plan of the premises (if you're applying to vary the layout)
  • correct licence fee

Your application will be rejected if it isn't valid and this can cause delays. You may also wish to seek independent advice from a solicitor or licensing agent.

Filling in the application form

Please read through the whole application form before you start to fill it in. Also please read the guidance notes at the end. You can fill the form in using Adobe Acrobat Reader.

For the licensing objectives, see our list of basic conditions for examples of what you can include. This is a list of common conditions included in licences to make sure the objectives are met. Any details you give will be included as a condition of your licence.

Make sure you fill in all parts of the application that are relevant to you. You might also find it useful to read our frequently asked questions.

Premises plan

You need to include a concise and clear plan of the premises if you're applying to vary the layout. Ideally these should be clear architectural plans. However, we are able to to accept clear drawings that meet the following:

  • Are of the standard scale 1mm = 100mm (unless previously agreed by us in another format). We prefer that plans are not larger than A3 in size.
  • Show the location of:
    • the extent of the boundary of the building (if relevant).
    • any external and internal walls which comprise the premises, or in which it is comprised.
    • points of access and egress.
    • escape routes, if different from the points of access and egress.
    • areas within the premises used for each activity. (This is in cases where the premises is to be used for more than one licensable activity.)
    • fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.
    • any stage or raised area and their height relative to the floor (if relevant).
    • any rooms containing public conveniences.
    • any fire safety/other safety equipment and its type (including for marine safety, if relevant).
    • any kitchen.
    • alcohol storage (if relevant).

The plan may include a key/legend which shows these locations using clear symbols and/or colours.

Responsible authorities

Responsible authorities are public bodies that must be notified of premises licence applications. They can then make representations to us about the application. Any representations made by them are relevant if they concern an effect on the licensing objectives.

If you apply online for a variation, we'll serve copies on all the responsible authorities for you. We'll do this within one working day.

If you apply by post, you must also post a copy to each of the responsible authorities. Your application isn't valid until you've done this.

Fees

All fees under the Licensing Act 2003 are set by the government. Fees are based on the non-domestic rateable (NDR) value of the premises. They're not affected by the variation you're applying for. You can find out the NDR value of your premises on GOV.UK.

NDR values are divided into five bands:

Band NDR value
A £0 - £4300 
B £4301 - £33,000 
C £33,001 - £87,000 
D £87,001 - £125,000 
E £125,001 and over

If a premises currently have no rateable value, the following applies:

  • greenfield sites - band A
  • construction commenced - band C

Where a premises is part of a larger premises, the rateable value of the whole premises is applied. Where a premises form part of a site with a number of buildings, the highest rateable value is applied.

The fee to vary a premises licence depends on the NDR value band:

Band New application or variation​ Multiplier applied to premises used exclusively or primarily for the supply of alcohol for consumption on the premises
A £100 N/A
B £190 N/A
C £315 N/A
D £450 x 2 (£900)
E £635 x 3 (£1905)

(Eg: premises with an NDR value of £5000 are in band B, so the fee is £190.)

Read more about premises licence fees and charges.

You can apply to vary a premises licence and pay the fee using our online form. In the form you need to upload copies of your application form and plan of the premises (if applicable).

Applying by post

You can apply by post by sending your documents to: Barnsley Council, Licensing, Legal Services, PO Box 634, Barnsley, S70 9GG. You must also submit copies to each of the responsible authorities.

You can pay the fee using our online form. Select 'Pay for a variation application submitted via post' as the reason you're applying. Your application isn't valid until you've paid the fee.

What happens next

We'll review your application and email you to confirm if it's valid or if we need any more details. If it's valid a 28-day public consultation will begin. For details of how all applications are processed, see our premises licence approval process.

Consultation period

The responsible authorities have 28 consecutive days to consider the application. They can make representations to us about the application. Any representations made by them are relevant if they concern an effect on the licensing objectives.

If you've applied online for a licence, we'll serve copies on all the responsible authorities for you. We'll do this within one working day.

If you apply by post, you must also post a copy to each of the responsible authorities. Your application isn't valid until you've done this.

Members of the public also have a 28-day period to consider making a relevant representation.

We hold a hearing if we receive valid objections or representations from responsible authorities or any other person. This is whether or not they live or have a business in the vicinity.

A representation is not relevant if it does not directly relate to the application and to the promotion of one or more of the licensing objectives. Representations can be negative (objection) or positive (in support) and must be made in writing or by email.

Food premises licence

You will likely need to register as a food establishment. If you've applied for a new licence or to transfer a premises licence, we've enclosed a copy of the registration form. You may also register a food business on our food premises licences webpage.

Advertising your application

You need to advertise your application for the full 28-day consultation period.

We'll email you a draft copy of the 'blue notice' for display at the premises. This is only a draft example, based on your application. You need to make sure the details are correct.

Blue notice (for premises display)

The blue notice must be:

  • of a size equal or larger than A4
  • on pale blue paper
  • printed legibly in black ink, or typed in black in a font size equal to or larger than size 16
  • displayed prominently and immediately on or outside the premises. It must be displayed for a period of no less than 28 consecutive days. This period starts the day after you've submitted your application.
  • displayed at 50m intervals for properties with a frontage onto a highway more than 50m long
  • displayed on the barriers, obstructions or on nearby structures (such as lampposts) should access to the premises be restricted (due to fences, gates or construction barriers). A member of the public should be able to clearly find, identify and read the blue notice without difficulty.

Advertisement in local paper

You must place an advertisement in a local newspaper within ten working days of the date we receive your valid application.

A copy of this notice, once published, must be submitted to us.

Content of notice (for both premises display and the local paper)

The notice should clearly contain a brief summary of the application. It should set out details as follows:

  • proposed relevant licensable activities to be carried out on or from the premises
  • the name of the applicant
  • the postal address of the premises. If there is no postal address, a description of the premises to enable the location and extent of it to be identified.
  • the postal address where the Barnsley Council register is kept and where the record of the application may be inspected. (This address is: Licensing Duty Office, Westgate Plaza, Westgate One, Barnsley, S70 2DR.)
  • the dates between which members of the public and responsible authorities may make representations
  • a statement that representations must be made in writing
  • a statement that it's an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence (£5000).

You may want to download and amend our template for a notice of application. This can be displayed at the premises and used to advertise in a local newspaper. Use Microsoft Word to amend the parts in yellow to make the notice relevant to your application.

The 28-day consultation period will restart if you fail to:

  • display the blue notice for the full period
  • advertise in a local newspaper within ten working days

Granting the variation

If no objections or relevant representations are made by responsible authorities or the public, we must grant the variation the 29th consecutive day. This will be subject to the mandatory conditions and the operating schedule.

Tacit consent

Tacit consent does not apply for variations to a premises licence. This means you will not be able to act as though your application has been granted until we confirm this.