Minor Variations - now a 'force to be reckoned with'?

The new ‘Minor Variations’ procedure came into effect and force last Wednesday, 29 July.  We have previously advised as to the likely limited effectiveness of this new ‘dispensation’.

 

The aim of the protocol was to allow ‘minor alterations’ to be processed quicker and more cheaply than is currently permitted by the Licensing Act 2003, by way of a full and formal variation. 

 

Following consideration by Parliament a ‘minor alterations’ application will however have to be subject to public consultation and instead of the now ‘traditional’ blue notices, a white notice needs to be displayed on the premises for 9 working days beginning the working day after the working day the application is received by the Licensing Authority (the “initial date”).  As originally proposed, whether to accept a variation as minor and ‘shuffle it through’ was to be in the discretion of the Licensing Authority, without any public consultation.  Any objection to the application leads to an automatic rejection of the new process.

 

The application form is shorter than the full variation form and Applicants need only serve the Licensing Authority instead of all the Licensing Authority & 7 Responsible Authorities.

 

Responsible Authorities, who are consulted by the Licensing Authority, have 10 working days in which to make written representations.  This applies to interested parties (e.g. residents) also.

 

A decision has to be communicated to the Applicant within 15 working days of the initial date; applications not decided within this time are deemed refused and the application and fee returned to the Applicant.

 

Given that many councils have adopted a pragmatic informal process for minor alterations outside the Act, we are hopeful that this will continue in appropriate cases; no public consultation; an informal dialogue and a £10.50 fee – as opposed to the £89 fee for the new formal procedure and the possibility of a wasted 3 weeks!  We will continue to explore this avenue in appropriate cases, as we have done in the past.

 

So, if however you are still riveted by this new ‘opportunity’ which may present itself, what is a ‘minor variation’?

 

The term ‘minor variation’ is described as any variation, save for the following.

 

Ø      To extend the period for which the licence has effect

Ø      Vary substantially, the premises to which it relates

Ø      Specify an individual as the Premises Licence Supervisor

Ø      Add the supply of alcohol as an activity authorised by the licence

Ø      Authorise:  

o       the supply of alcohol at any time between 11:00pm and 7:00pm or

o       an increase in the amount of time on any day which alcohol may be sold by retail or supplied

 

Regarding the amendments to layout of premises, it is indicated that an application is likely to be refused if the variation seeks to: -

 

-          Increase capacity for drinking on the premises.

-          Affect access between the public part of the premises and the rest of the premises or street or public way, e.g. blocked emergency exit or routes to emergency exits.

-          Undermine the effective operation for noise reduction measures.

 

Guidance given regarding the revision, removal and addition of conditions is that the minor variation process may be used to remove conditions which are out of date or invalid and to revise conditions which are unclear (as long as the intention and the effect remains the same).  It can also be used to add a new condition volunteered by the applicant or mutually agreed between the applicant and Responsible Authority, such as the Police or Environmental Health. 

We wait to see if this new system will, in practice, bring any real benefits.

 

 

John Gaunt

0114 2668664

07860 490604