Where the Premises Licence Holder wishes to amend the licence, an application under the Licensing Act 2003 can be made.
The areas in which a licence can be varied are:
- Varying the hours during which a licensable activity is permitted
- Adding or removing licensable activities
- Adding or removing conditions
- Altering any aspect of the layout of the premises which is shown on the plan
How to Apply
To apply to vary the Premises Licence, an application must be made and sent to the Licensing Department and the Responsible Authorities on the same day. Please see the downloadable document 'Responsible Authorities' for full contact details.
The application must be accompanied by the Premises Licence and Summary, or, if that is not practicable, a statement of the reasons for the failure to provide the licence.
The day after the application has been received in the Council offices, a notice (printed on pale blue paper) must be clearly displayed on the premises for a minimum of 28 days. A template for the notice can be found below.
An advertisement must also be placed in the local newspaper, or if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises, on at least one occasion during the period of ten working days, starting on the day after the application is received in the Council offices. A template for the advert can be found on the right-hand-side.
The above must be completed for the application to be valid.
The fee to vary a premises licence depends on the non-domestic rateable value for the premises. Below are the bands and fees.
Band A B C D E Non-domestic rateable value £0 - £4,300 £4,300 - £33,000 £33,001 - £87,000 £87,001 - £125,000 £125,001 and over Fee £100 £190 £315 £450 £635
If the premises falls within band D or E and is used exclusively or primarily for the supply of alcohol for consumption on the premises then a multiplier applies as set out below for the premises licence application and annual fee.
Band D x2 = £900 Band E x3 = £1,905
Band D x2 = £640 Band E x3 = £1,050
What Happens Next?
During the 28 day period, a Responsible Authority or any other person may submit a representation to the Licensing Department for or against the application.
If, after the 28 days, the application receives no representations, the licence will be amended and forwarded to the relevant correspondant as stated on the application.
If a relevant representation is made, a hearing will be held within 20 working days to consider the representation, unless the authority, the applicant and each person who has made the representation agrees that a hearing is unnecessary.
A community premises (such as a village hall, church hall, community hall) may make an application to remove the mandatory conditions (Sections 19(2) and 19(3) of the Act) to allow the management committee (who must be the Premises Licence Holder) to be responsible for the supervision and authorisation of all alcohol sales.
How to Apply
Where the management committee of a community premises is applying for the sale of alcohol for the first time, it should include the form with the new premises licence application or the premises licence variation application. No extra payment is required beyond the existing fee for a new application or variation.
Where a community premises already has a premises licence to sell alcohol, but wishes to disapply the DPS, it should submit the form on its own, together with the required fee of £23. The application must be sent to the licensing authority and to the Police (address can be found on the Responsible Authorities list). The application and guidance notes can be found below.
Application forms, notice templates and other documents are available on the right-hand-side. You can also apply online.
Please make all cheques payable to Winchester City Council and forward your application form to:
Winchester City Council