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Variation of premises licence

Use this application to make a change to your current Premises Licence.

What sort of Variation do I need?

A variation application is required when it’s proposed that any of the following licence details are to be changed or deleted:

  • any of the licence conditions
  • any of the information contained within the Operating Plan
  • any other information contained or referred to in the licence
  • the Layout Plan

A variation application must be accompanied by the original Premises Licence or a statement of the reasons for failure to produce the licence.

There are 2 kinds of variation:

  1. Minor Variation
  2. Standard Variation

It makes a difference because:

  • Minor Variations can be granted quickly, without a Board Hearing, whereas Standard Variations can only be granted after a Board Hearing
  • Minor Variations are cheap (£20 or £31 depending on what you want), whereas Standard Variations have the same fee as the Annual Fee

If the same application form contains a mixture of Minor Variations and Standard Variations, you pay only the single higher fee, so it is a good idea to include all the changes you want on a single form.

Standard Variations

The term 'Minor Variation' is set by legislation, so it is not simply a question of asking whether the change would be 'minor' in ordinary language. A Standard Variation is any other variation.

Common examples of a Standard Variation are where the Board is asked to add an Outdoor Drinking Area or to vary or remove some of the Licence Conditions (some of the Conditions are based on the legislation, and so the Board cannot change those).

Standard variations are subject to the same procedures for giving notice and making objections and representations, as a Premises licence application.

Minor Variations

A common example of a Minor Variation is where you have to amend the Premises Licence to substitute a new Premises Manager because the previous Manager has left. In that case, you will probably want the variation to have immediate effect, which costs £31.

In the legislation 'Minor Variation' means:

  • Any variation of the Layout Plan that doesn’t result in any inconsistency with the Operating Plan – a variation to the layout which increases the capacity, for on-sales this means the number of customers and for off-sales, the size of the display is not a Minor Variation. So, if a shop wants to add more shelves, this is a Standard Variation.
  • Any variation which increases the restrictions of the terms on which under 18s are allowed entry to the premises.
  • Any variation of the information contained in the licence relating to the Premises Manager.
  • Any reduction to licensed hours or capacity.

How to apply

Before you apply please read our Variation of Premises Licence guidance notes (Word, 213kb). These notes explain how to complete the application form and the policies and legislation surrounding this licence.

Download a Premises Licence Variation/Transfer Application Form (Word, 132kb) and return it to us.

If you are asking for a Standard Variation, you must submit your Application at least 28 days before the schedule Board date. View the Licensing Board Meeting Schedule.

Your application will be advertised on this website for 21 days to allow members of the public to make any objections or representations. If you do not give the Board enough time then your case will be delayed until the next meeting.

Whatever kind of Variation you want, you must send back the original Premises Licence, or give the Board a written statement of the reasons for failing to produce it.

Club Variation

Clubs have a special status under the legislation. Some clubs have found difficulty with the limits imposed by the legislation on their operations. To accommodate these Clubs, the Board has adopted a procedure whereby Clubs can choose to adopt what is called 'Part K Status'.

It is for the individual Club to decide whether or not to ask the Board for the related Standard Variation. We have prepared Club Variation Notes (Word, 36kb) to help. You are advised to take independent legal advice.

Fees

The fee for this licence is based on the non-domestic rateable value of the premises:

If your Application is refused the fee is not refunded or reduced because you did not get all the Variations you asked for. For Standard Variations the fee is the same as the Annual Fee (based on the Rateable Value of the Premises). Cheques made payable to North Ayrshire Council.

View North Ayrshire Licensing Board Agendas and Minutes.

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Contact Licensing

Email

licensing@north-ayrshire.gov.uk

Telephone

01294 324305

Address

Licensing Section, Legal Services, North Ayrshire Council, Cunninghame House, Irvine, KA12 8EE