Over time your premises may change in terms of its layout, offering or critical staff and so you may be required to vary your premises licence as a result of this.
The main types of variation to a premises licence are detailed below.
This type of variation is required if you intend to;
Application evaluation process
The application process for a full variation is vastly similar to that of a new premises licence application.
Applications must be sent to the licensing authority for the area where the premises are located and are subject to a 28 day public consultation period (starting the day following valid receipt of the application by the relevant licensing authority). This is to allow for representations to be made by members of the public and responsible authorities against the application.
A summary of the Licensing Act 2003 regulations can be found at www.gov.uk/guidance/alcohol-licensing.
Applicants must provide the following information
An operating schedule will include details of:
It is important that applicants provide as much detail as possible within their operating schedules to enable responsible authorities to fully understand their proposals and reduce the need for further information to be requested.
It is also possible to remove aspects of the premises licence such as redundant conditions as part of this application process and applicants should make this clear in their operating schedule should they wish to do this.
Please refer to our Pool of Model Conditions page for more information on completing your operating schedule.
Applicants are required to advertise their application and to give notice of the application to any other person or responsible body, e.g. the local authority, chief police officer or fire and rescue authority.
Full variations advertising requirements stipulate that an application must be advertised in two ways:
Should an application not receive any representations by the end of the consultation period the licensing authority must grant the application, which can be subject to conditions. However a hearing must be held if any relevant representations are made in respect of the application. If a hearing is held the licence can 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 who has made relevant representations (i.e. representations that were not deemed frivolous or vexatious) and the chief of police.
Yes, in most cases. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.
Use the links below to make online applications.
This type of variation is required for minor alterations to the premises that do not adversely impact upon the licensing objectives, such the removal of licensable activities or small changes to the layout which does not increase the capacity for the sale of alcohol. If you are unsure if you require a Minor Variation or Full Variation then please contact the licensing department to discuss your plans.
Application evaluation process
Applications must be sent to the licensing authority for the area where the premises are located and are subject to a 14 day public consultation period (starting the day following valid receipt of the application by the relevant licensing authority). This is to allow for representations to be made by members of the public and responsible authorities against the application.
A summary of the Licensing Act 2003 regulations can be found at www.gov.uk/guidance/alcohol-licensing.
Applicants must provide the following information
It is important that applicants provide as much detail as possible within their applications to enable responsible authorities to fully understand their proposals and reduce the need for further information to be requested.
Applicants are required to advertise their application and to give notice of the application to any other person or responsible body, e.g. the local authority, chief police officer or fire and rescue authority.
Minor Variation advertising requirements stipulate that a 'site notice'displayed at the premises for the full 14 day consultation period (this will be provided to you on confirmation of a valid duly made application). This 'site notice' must be displayed on white paper.
Should an application not receive any representations by the end of the consultation period the licensing authority must grant the application, which may be subject to conditions. However if any relevant representations are made in respect of the application then application will fail.
No, it is important that your application is determined and communicated to you before you are able to act as if it is granted. The licensing authority must determine your application within 15 working days (21 calendar days) from the start of the consultation period. If no determination is made then the application is deemed 'refused'. In this situation an applicant is able to re-apply on identical terms without the need to pay another fee.
Use the links below to make online applications.
It is a requirement of your premises licence that a named individual is in day to day control of the premises licence. This person is referred to as the designated premises supervisor (DPS).
There may be several reasons as to why you may need to change your DPS such as, a change in ownership of the premises, your current DPS is leaving or they have removed themselves from the Premises Licence, but irrespective of why, it is vital that the correct person is named as DPS on your premises licence.
To become a DPS of a premises an application by the premises licence holder is required to be submitted to the licensing authority that has issued the premises licence for the venue, furthermore it is a requirement that all DPS’s are personal licence holders and consent in writing to becoming the DPS.
Applications must be sent to the licensing authority for the area where the premises are located and are subject to a 14 day consultation period (starting the day following valid receipt of the application by the relevant licensing authority).
If the Chief Officer of Police for the area where the premises is situated believes the application would undermine the crime prevention objective, they must notify us within 14 days. We will then hold a hearing to determine this notice.
If we don’t receive any such notice, your application is automatically approved and the transfer will take effect from the date you have specified in your application, and we will send you a revised premises licence and licence summary.
A summary of the Licensing Act 2003 regulations can be found at www.gov.uk/guidance/alcohol-licensing.
Applicants must provide the following information:
Please note that no licensable activities can take place under a Premises Licence when there is no DPS named in respect of it, however it is possible to make this application 'effective immediately' under s38 Licensing Act 2003. If you wish to do this then please ensure that the relevant part of the application form is completed.
If you wish to take over a premises licence either as an individual or company, you must first get consent from the existing licence holder to prove that they agree to the transfer.
If you can’t get consent, you must provide a valid reason as to why not and evidence your attempts to gain consent, such as email trails, phone call records, dated letters etc.
Please note - if you are applying as an individual (i.e. not as a commercial entity) then you will be required to provide proof of your 'right to work in the UK'.
Applications must be sent to the licensing authority for the area where the premises are located and are subject to a 14 day consultation period (starting the day following valid receipt of the application by the relevant licensing authority).
If the Chief Officer of Police for the area where the premises is situated believes the application would undermine the crime prevention objective, they must notify us within 14 days. We will then hold a hearing to determine this notice.
If we don’t receive any such notice, your application is automatically approved and the transfer will take effect from the date you have specified in your application, and we will send you a revised premises licence and licence summary.
A summary of the Licensing Act 2003 regulations can be found at www.gov.uk/guidance/alcohol-licensing.
Applicants must provide the following information.
This notification is useful for landlords or property owners which hold a premises licence where they have leased the premises or have a tenant in situ who have had the premises licence transferred into their name.
The purpose is so that should the lessee or tenant make any changes to the licence (as would be their right to do so as licence holder) you, as landlord or owner of the property will be notified of the application being made.
A summary of the Licensing Act 2003 regulations can be found at www.gov.uk/guidance/alcohol-licensing.
On the death, insolvency or incapacity of the premises licence holder the premises licence will automatically lapse meaning that no licensable activities can take place.
The regulations allow for a 28 day period within which the premises licence can be transferred to a new person or entity, but if you are not in a position to do this immediately, then this application can be used as an interim measure to allow the licence to be maintained for a period of no more than 3 months.
To submit this notification you must either be:
For the purposes of subsection (2) a person is connected to the former holder of the premises licence if, and only if
A summary of the Licensing Act 2003 regulations can be found at www.gov.uk/guidance/alcohol-licensing.
This application should be used where the premises licence holder requires to change their name or address.
For premises licences held by limited companies or partnerships there must be no change in the controlling directors, partners or legal entity which would require the premises licence to be transferred in ownership.
A summary of the Licensing Act 2003 regulations can be found at www.gov.uk/guidance/alcohol-licensing.
If your business ceases to trade and the premises are no longer to be used for licensable activities then you are advised to surrender the premises licence.
Please complete the relevant form from our licensing forms section and submit it along with the original premises licence to:
Amber Valley Borough Council
Licensing Department
Town Hall
Market Place
Ripley
DE5 3BT
On receipt we will contact you to acknowledge that the licence has been formally surrendered.
Should you decide to alter the name of the premises as listed on the premises licence then you will need to inform us that you are doing so. This is in order that correct records can be kept, the premises licence updated with the new name and so that an updated premises licence can be issued to you.
Contact the team directly on 01773 570222 or email licensing@ambervalley.gov.uk.
There is a £10.50 administration fee applicable.
Contact the team directly on 01773 570222 or email licensing@ambervalley.gov.uk
