Change to minor licence variations process 'problematic'

Proposed changes to simplify minor licence variations could be fraught with problems, according to a leading licensing lawyer.

Speaking at the British Beer & Pub Association Key Issues Forum, Hamish Lawson, head of the licensing, gambling and regulatory team at law firm Cobbetts, said the changes could give too much power to local licensing authorities.

A consultation period on the proposed amendments to the Licensing Act 2003, by the Department for Culture Media and Sport (DCMS) ended in February.

Under the proposals licensees would be able to make small alterations to their licence, without having to advertise the variation or notify responsible authorities as is currently required. It is also expected a lower fee will be charged.

The DCMS estimates this would save between £1.5m and £2.8m a year.

But one option being considered would allow the local licensing authority to decide what constitutes a 'minor' variation.

The DCMS has broadly defined it as any change "which will not impact adversely on the promotion of the licensing objectives".

Lawson said that although the proposed changes would in most cases speed the process up, it would also be open to misinterpretation by licensing authorities.

"Some people are telling me that a new door or window will not be seen as minor and will still have to go through the process," he said.

"There's nowhere for you to go if you object to the licensing officers decision. If you did you would still have to go through the full process."