Minor Variations - Guidance for Applicants

A minor variation application may be appropriate in a case where the proposed changes to the layout will not impact on the licensing objectives.

Any change that may –

• increase the capacity for drinking on the premises
• that may affect access between the public part of the premises and the rest of the premises or the street
• that may impede the effective operation of a noise reduction measure such as an acoustic lobby

will usually require a full variation application.

The licensing authority will also be wary of the cumulative effect of a series of minor variations to the layout of a premises that may be insignificant in themselves but could impact adversely on the licensing objectives if taken all together.

Applications to vary the time during which other licensable activities take place should be considered on a case-by-case basis with reference to the likely impact on the licensing objectives.

In arriving at a decision, the licensing authority may wish to consider the following factors, so the applicant should bear these in mind when considering whether to make a minor variation application –

• the nature of the licensable activity
• the extent of additional hours sought and whether it will involve later opening or opening between 23.00 and 07.00
• proximity of the premises to residential areas
• any licence conditions already in place to mitigate the impact of the activity
• any additional conditions volunteered by the applicant
• arrangements for dispersal
• whether the proposed extension applies only on the weekend or also during week days
• whether there will be new admittances during that period
• the track record of the establishment whether positive or negative
• whether the premises is already open during the extended period for other licensable activities
• proximity and density of public houses, nightclubs, etc.

If a licence holder considers that there are conditions on the licence that are no longer relevant then a minor variation application would be appropriate to have those conditions removed. Likewise, there could be embedded conditions or conditions invalidated by changes in legislation that could be removed.

Conditions may include -

• Conditions that are unclear or unenforceable so long as the purpose and the intended effect of the condition remained unchanged.
• Applicants may wish to volunteer conditions as a way of promoting the licensing objectives.

It is important to remember, however, that, allowing for the points raised above, conditions will normally have been volunteered or imposed on a licence to mitigate any possible adverse impact on the licensing objectives. In most cases therefore, any application to remove or change the wording of a condition should be treated as a full variation.

The Licensing Act covers a wide range of licensable activities and each application will be considered on a case-by-case basis and in light of any licence conditions put forward by the applicant.

For example, the addition of live or recorded music to a licence may lead to an increase in public nuisance, but this will depend on many factors. The licensing authority will need to consider factors such as proximity to residential areas and any noise reduction conditions volunteered by the applicant. Similarly, in some circumstances, the addition of other types of regulated entertainment, such as the performance of plays or exhibition of films, to a licence may have no adverse impact on the licensing objectives.

The applicant would be advised to bear in mind the same factors raised with regard to varying the times of existing licensable activities as raised above.