Time to ACT!: Making changes

This week in Time to ACT!, our guide to applying for the new licences in association with the British Beer & Pub Association and the BII, we look at what you need to know about variations - and how they are granted.

What if my local licensing policy states that I need to include particular "control measures" in my operating schedule in order to meet the licensing objectives and/or says that I must include additional information with my application?

Don't be misled by "requirements" contained in some local licensing policies. It is for YOU, the applicant, to decide how to best address the licensing objectives and what necessary measures, if any, should be included to promote the licensing objectives that are relevant to the variation you want.

Examples of "requirements" that have been identified in a number of local licensing policies, and which you are NOT bound to address in the operating schedule, include:

• Restrictions on permitted hours
• Restrictions on drinks promotions/minimum pricing policies
• Compulsory membership of Pubwatches
• Designated premises supervisor (DPS) to be on the premises at all times
• More than one personal licence holder on the premises
• DPSs to have additional experience, training or qualifications other than the personal licence qualification
• Capacity limits for all licensed premises (it should not be a blanket requirement).

If no representations are received about your application from the responsible authorities (see What else do I need to do? below), or from "interested parties" - such as local residents and local businesses- the licensing authority must grant your licence.

It cannot attach any conditions on your licence other than those that you have included yourself in your operating schedule. If valid representations are received about your application, you should have the opportunity to discuss these with the licensing authority before any additional conditions are attached to your licence. If they are, do not be afraid to go to a hearing.

Licensing authorities also cannot require you to include additional documentation with your application other than that required by law (see below). Any requirements for the following go beyond the law:

• Risk assessments
• Electrical inspection report certificate
• Fire alarm test inspection report
• Emergency lighting inspection and test report
• Boiler certificate.

Remember, most of these are covered by various health and safety legislation. Similarly, any requirements for disabled access are already covered by the Disability Discrimination Act 1995. Licensing authorities should not use the licensing system to duplicate the requirements of other laws.

You can find a copy of your local licensing policy on the BBPA website - click here.

What else do I need to do?​

Make sure you include all the necessary information with your application:

• Your existing justices' licence and any extra permissions (eg public entertainment licence, children's certificates, supper hours and special hours certificates)
• A plan of your premises
• The appropriate fee
• Name of the designated premises supervisor (DPS) who will hold overall responsibility for the sales of alcohol on the premises
• A signed consent form from the DPS.

Plans of the premises must be 1:100 (ie 1mm = 100mm), unless you have received permission from the LA to submit plans in other scales. It is worth asking if your existing plan is acceptable.

The following must be shown on the plan:

Boundaries (with neighbouring premises); entrances and exits to the premises and any other escape routes; fixed structures (eg the bar); stages; any stairs and/or lifts; toilets; fire safety equipment (eg extinguishers, fire blanket); kitchen; area on the premises where alcohol is consumed (usually marked by a red line on existing plans).

There is no need to include pub gardens and other outside areas unless you are currently licensed to sell in these areas and you wish to retain that permission. Consumption in these areas is regarded as off-sales, for which you currently have consent. Make sure you apply for on- and off-sales as your grandfather right. Fees are based on the rateable value of your premises in bands, as follows:

• You must apply the rateable value that applies as at the date of your application. Rateable values will change on April 6 and you use that value after then
• The variation fee is payable along with the conversion fee if you are applying for a variation at the same time. An application for conversion in band B, with a variation, is therefore £190 + £60 = £250
• Additional fees are payable for pubs in bands D and E where those pubs are "exclusively or primarily for the supply of alcohol for consumption on the premises". For those in band D the fee is doubled to £900 and trebled for those in band E to £1,905.

It is a legal requirement to send copies of your application to the following responsible authorities:Police; fire authority; trading standards; child protection body; environmental health; planning authority; Health & Safety Enforcement Agency.

You have a legal duty to advertise the details of the variation you have requested by:

• Placing a notice outside your premises, A4-sized or bigger, which must be pale blue in colour and typed in black ink no smaller than font size 16
• Placing an advertisement in the local newspaper in the 10 days after submitting your application.

The notice and the advertisement must contain the name and address of the pub; the address of the council where the application can be inspected; and the date by which representations to the licensing authority must be made (28 days from the date of application), that they must be made in writing and that it is an offence to knowingly make a false statement.