Fixing variations error

QWe have just put in our application for conversion and variation, and it sounds as if we have got things wrong with the second part. Does this mean that the whole application fails and we will have to start again?

ANot necessarily. It is possible to consider the application not as a complete package but in two parts.If there is a defect in Part B, so that the licensing authority is unable to accept it, they can still continue to process Part A, as long as that has been completed properly. It will mean that at least you are able to maintain your grandfather rights, which will give you the same hours and conditions as you have now, and the licensing authority can go to the end of that part of the application and grant a new premises licence, which is some consolation.

Unfortunately, it will mean that all the variations you may have asked for in Part B will be put on hold, and you will have wasted the variation fee and the cost of advertising. But at least it is better than having the whole package refused in its entirety and having to start again.

Some licensing authorities, even when there is a technical defect, are trying to help licensees to correct it. But of course if the publicity or the actual completion is wrong, they are more likely to hold that the application has failed. The situation varies throughout the country.

Second variation on hours

'f we think that we have made an error of judgment in our variation application, because other pubs seem to have better hours, can we vary it again before the new system starts?

ANot at the moment. The reason for this is that as things stand, the opportunity for variation prior to the second appointed day only applies to the combined form application under Schedule 8 and not to 'ordinary variations under section 34 of the new Act.

This means that unless there is a further regulation, licensing authorities would not be allowed to accept a variation in between 6 August and 24 November, when the Licensing Act 2003 takes full effect.

I know that representations have been made by many of us on this point, because it also means that you cannot change the designated premises supervisor after the two-part form has been submitted. This, of course, does create problems for those pub chains where there is considerable staff movement over a three or four-month period.

My understanding is that the Department for Culture, Media & Sport has not recognised the problems that this omission could cause and is about to issue a new commencement order that will allow variations to be lodged in the intervening period. This will be of great assistance to many licensees and operating companies.

You will of course have to pay the full variation fee and advertise again if you want to change what you have already been granted.

Dud cheque with forms

QCould you advise what would happen to an application submitted to the council for conversion/variation if the cheque that is sent with the fees bounces?

ATechnically the application is defective because the applicant has not complied with the requirements. However, if there is a valid reason, or a sympathetic council, they may wait to process it until the cheque has been re-presented. It is a legal requirement for the fee to be paid at the time of application the form itself makes it clear that failure may invalidate the application.