Premises Licence - Variations
Under the Licensing Act 2003 the Local Authority is now responsible for licensing the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment. Any premises which holds a premises licence or club certificate can apply to the Local Authority to vary the conditions or timings of that licence. For example, you may decide that you wish to open for longer hours, provide further licensable activities or change the layout of the premises.
Full Variation – Licensing Act 2003
A premises licence issued under the Licensing Act 2003 allows a premises to sell alcohol, provide regulated entertainment or serve late night refreshment.
If you already hold a premises licence issued by Erewash Borough Council then you will have some form of authorisation to carry out one or more licensable activities. Under the legislation you can make an application to vary your premises licence [PDF 85KB]. You may wish to extend the hours you sell alcohol, or ask to have conditions removed from your existing licence. You can also add a licensable activity that your premises licence does not currently authorise you to undertake.
See our Guidance [PDF 25KB] on making a full variation to your premises licence.
Minor Variation – Licensing Act 2003
In August 2009 the Government introduced a simplified system for making minor variations to premises licences. The Minor Variations Application [PDF 30KB] process can only be used for variations that could have no adverse impact on the promotion of the licensing objectives.
It cannot be used to:
- Extend the period for which a licence has effect (i.e. a time limited licence)
- Transfer the licence from one premises to another
- Specify, in a premises licence, an individual as a premises supervisor.
- To add the sale by retail or supply of alcohol as an activity authorised by a premises licence.
- To authorise the sale by retail or supply of alcohol at any time between 11pm and 7am.
- To authorise an increase in the amount of time in any day during which alcohol may be sold by retail or supplied.
It could be used to:
- Make minor changes to the structure or layout of a premises
- Make small adjustments to the licensing hours
- Remove of out of date, irrelevant or unenforceable conditions
- Add licensable activities
See our Guidance - Minor Variations [PDF 24KB] on making a Minor Variation to your premises licence.
To apply online for a Full Variation or a Minor Variation, please go to Premises Licence.
Only the premises licence holder can apply to make a variation to the existing licence
Application Evaluation Process
Applications must be sent to the licensing authority for the area where the premises are located.
Applications must be in a specific format and be accompanied by the fee and, if applicable, a plan of the premise
In the case of Full Variations, where representations are received to Current Applications objecting to the application a hearing must be held. The outcome of this hearing would be that the licence be granted or granted subject to additional conditions, licensable activities listed in the application can be excluded or the application can be rejected.
The licensing authority will serve a notice of its decision on the applicant, any person or Responsible Authority who made relevant representations to the application (i.e. representations that were not deemed frivolous or vexatious).
Will Tacit Consent Apply?
Tacit consent applies to a premises licence variation application if no relevant representations are made during a period of 28 days from the day after the application is received by the Licensing Authority. This target date is known as the ‘last date for representation’. The application will be deemed granted after the last date for representation.
If relevant representations are made within the 28 day consultation period tacit consent does not apply and a public hearing must be held to determine your application. The public hearing will be held within 20 working days after the last date for representation. The hearing date may be extended if the Licensing Authority considers it is in the public interest to do so.
Target Completion Period
If there are no representations to the application, the licence will be granted 29 days from that day the Licensing Authority received the application.
If there are representations, the application will go before a Licensing Sub-Committee and a decision will be made at the hearing.
Equal Opportunities Monitoring
For further information on minor or full variations please contact the Licensing Department using the details below:
Erewash Borough Council
Tel: 0115 9071113
Fax: 0115 9071121