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Minor Variations - Representations and Decision Making

Information about how the council makes decisions on applications for minor variations to premises licences and club certificates under the Licensing Act 2003 and how to make representations.

Impact on Licensing Objectives

On receipt of an application for a minor variation, the Licensing Authority must consider whether the variation could impact adversely on the Licensing Objectives which are:

  • The prevention of crime and disorder

  • Public Nuisance

  • Public Safety

  • Protection of children from harm

Representations

Interested parties have ten working days from the ‘initial day’, i.e. the day after the application is received by the licensing authority, to submit representations in respect of the application.

Representations are only relevant if they clearly relate to the likely effect of the grant of the variation on the promotion of at least one of the licensing objectives.

In the case of minor variations, there is no right to a hearing (as for a full variation or new application), but licensing authorities must take any representations into account in arriving at a decision.

How Long Will It Take to Get a Decision?

The licensing authority must determine the application, within 15 working days, beginning on the first working day after the authority received the application, with effect either that:

  • the minor variation is granted; or

  • the application is refused.

If the licensing authority fails to respond to the applicant within 15 working days, the application will be treated as refused and the authority must return the fee to the applicant forthwith.

However, the licensing authority and the applicant may agree instead that the undetermined application should be treated as a new application and that the fee originally submitted will be treated as a fee for the new application.