Where a premises licence holder wishes to amend the licence the Licensing Act 2003 allows, in most cases, for an application to vary the licence to be made rather than a new application for a new premises 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 within a licence
- altering any aspect of the layout of the premises which is shown on the plan
A variation cannot be used to vary a licence to:
- extend a time-limited licence
- transfer the licence from one premises to another
Depending on the proposed changes it may be possible for you to submit a minor variation application instead of a variation to premises licence.
Before you apply
Please read the premises licence supporting documents and information to find out what's required of you as part of your application and what you'll need to provide for your licence. This includes descriptions and definitions of:
- the operating schedule
- the plan of the premises
- list of responsible authorities
- regulated entertainment
- late night refreshment
- mandatory conditions
- content of notice (for premises display and advertisement in local paper)
How to apply
You must apply to vary a premises licence 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
- the premises licence (or the appropriate part of the licence), or if it's not practicable, a statement of the reasons for the failure to provide the licence (or appropriate part)
- confirmation that the application has been simultaneously served to the appropriate responsible authorities
- the variation details as relevant to the premises
Fees for all Licensing Act 2003 permissions have been set nationally by the government. They're based on the rateable value of the premises.
What happens next
Please read the premises licence approval process for further information about how all applications and changes are processed, including:
The responsible authorities have 28 consecutive days to consider the application served upon them. Members of the public also have a 28-day period within which to consider making a relevant representation.
We will hold a hearing where valid objections or representations from responsible authorities, or any other person, whether or not they live or have a business in the vicinity, are received.
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) of the application and must be made in writing or by email.
Granting the variation
Where no objections or relevant representations are made by responsible authorities or members of the public, the licensing authority must grant the variation to the premises licence on the 29th consecutive day subject only to the mandatory conditions and the operating schedule.