Help completing a
Variation to a Premises
Licence Application Form
Introduction
This document may assist you when completing an Application to Vary a
Premises Licence. The form can be found on our website www.torbay.gov.uk –
“Application to vary a premises licence under the Licensing Act 2003, application
form (L)” or from Connections offices or libraries.
At the top of the first page of the application form you will need to write the
name(s) of the premises licence holder(s) and insert the number of the existing
Premises Licence in the appropriate box.
If you require this in a different format or language,
please contact the Licensing Team on 208025 or at
Licensing@torbay.gov.uk
Part 1 – Premises Details
Write the name, postal address and telephone number of the premises for which
you require the variation.
The non-domestic rateable value of the premises can be found on your most
recent information from the Valuation Office, or by going to www.voa.gov.uk. If
the premises to be licensed does not have a non-domestic rateable value e.g.
mobile vehicle or boat, please write none, this will mean that you are charged the
Band A fee for the licence application.
The information on up to date fees can be found on our website or by contacting
the Licensing section. www.torbay.gov.uk.
Part 2 – Applicant Details
Write in the details of your Daytime Contact Telephone Number (if different from
number at Premise) and the personal postal address of the Applicant.
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Part 3 – Variation
Please state when you want the proposed variation to start. The application has
to go through a consultation period of 28 days, prior to being granted or if
representations are received it will be referred to a Licensing (sub) Committee
Hearing.
Please specify in the box provided the number of people expected to attend the
premises at any one time, if 5,000 or over. (There is an additional charge levied
for premises allowing 5,000 or more people.)
Please only give a description of the details you wish to vary from the original
Premises Licence – this will assist the consultation process. This could be
changing licensable activities, timings, adding/removing conditions etc.
Part 4 – Operating Schedule
Please tick each of the activities you wish to change from your existing licence.
Beside each activity, you will then be directed to the next section requiring
completion.
e.g. Sale by retail of alcohol (if ticking yes, fill in box M).
In all cases boxes N, O and P must be completed.
When completing the relevant boxes for each of the activities you are
changing/adding/removing, please ensure you fill in the timings you require for
each day of the week, using the 24 hour clock. (Note at this stage of the form
there are various references to the guidance notes 2, 3, 4, 5, 6, 7 and 8 at the
end of the application form to assist you.)
You need to tell us where you wish to carry out the activity by ticking the
appropriate box e.g. indoors, outdoors or both.
Seasonal variations – This box can be completed to cover additional variations
required for seasonal activities e.g. normal activities occur on Friday and
Saturday all year, but you require the activity 7 days a week for the month of
July. (Refer to guidance note 4.)
Non-standard timings – this box can be completed to cover the additional hours
required for specific days, e.g. an extra hour at closing on Easter Sunday, or
Christmas, New Year etc.
When completing Box M for the Supply of Alcohol, you must tick whether you
require the sale of alcohol ‘on the premises’ to be consumed there at the
premises, ‘off the premises’ for off sales, or both.
Part 4 Box N
Box N must be completed for all applications, if none please state that on the
form (refer to guidance note 8).
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Part 4 Box O
The hours you intend to be open to the public must be completed for each day,
using the 24 hour clock. (If you are a residential hotel and require different
timings for your residents e.g. 24 hours for those staying in the hotel, please
specify in the non-standard timings section). You may wish to consider an extra
half an hour after alcohol sales cease for a calming down period.
Following Box O, you will find a box in which you should only include changes to
the conditions which are currently imposed on your licence.
You will need to enclose your current licence with the application or detailed
reasons of why you have failed to enclose it.
Box P
This section of the application form is extremely important.
The information you provide in this section tells the responsible authorities
(consultees) what extra controls you will put in place and how you intend to
satisfy the four licensing objectives as a result of the variation.
To guide you towards some conditions that may be suitable for your business,
we have a document titled “Guidance on meeting the licensing objectives and
writing the operating schedule” published on our website as “Model Conditions”
or available from our office.
The Responsible Authorities are also available to give you advice on the types of
good practice measures they are looking for. A list of their contact details are at
the back of this information as Appendix 1.
Torbay Council has a Cumulative Impact Area identified for the central part of
Torquay town and harbour area. Details are contained within the Torbay Council
Licensing Policy, available from Connections offices, libraries, or on our website
www.torbay.gov.uk. There is an expectation that any additional applications for
alcohol sales in this area will be refused, however this may be overcome by
proving that the establishment and controls by way of the operating schedule,
will not impact on the licensing objectives.
Please check that you have enclosed all documentation required for the
application, there is a tick box just prior to Part 5, which needs to be completed
and will act as an aide memoire.
Part 4 – Signatures
All applicants or solicitor or authorised agent must sign the form.
If you require any correspondence relating to this application to be sent to an
alternative address, then please ensure the appropriate details are completed.
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What Happens Next
You should now have reached the end of the application form.
Please check through the form to make sure all appropriate parts are completed.
Your completed application should then be sent together with the fee and current
premises licence to the Licensing Section of Torbay Council and copies of
application form to the Responsible Authorities. The Responsible Authorities
then have 28 days to make any representations regarding the variation to the
Licensing Section. You will also have advertised your application in the Herald
Express and at your premises, allowing interested parties an opportunity to
comment on the variation to the Premises Licence. (Please see Appendix 3.)
Any representations received must relate to one of the four licensing objectives.
The council’s licensing officers can reject any representations that are vexatious,
frivolous or repetitious.
If representations are received you will be notified of them at the end of the
consultation period. The application will have to go to a licensing committee
hearing, where a small group of Torbay Councillors will hear all the facts of the
matter and make a decision.
You will be notified of any hearings and given the opportunity to attend in person.
If this happens you will need to advise the Licensing Team that you intend to
attend and if you are to bring anybody else with you to support your application.
This will be made clear at the time.
If any part of the application is incomplete, then the application will not be
accepted. This is both time consuming and frustrating for you and the Licensing
Team.
If you do not have access to the internet at home, the libraries in the bay have
this facility available. Application forms are available from Council Connections
Offices, Libraries and from Roebuck House, Abbey Road, Torquay
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Appendix 1
Responsible Authorities
All applications require the applicant to formally consult with ‘responsible
authorities’ (specified below). This means that a copy of each application must
be served on each of them at the same time that it is submitted to the Licensing
Authority. The applicant must do this and prove that this has occurred.
All variations Applications must be copied to:
1) The Chief Officer of Police
Licensing Department (East)
Devon and Cornwall Police HQ
Middlemoor
Exeter
Devon
EX2 7HQ
Telephone: 01392 452225
licensingeast@devonandcornwall.pnn.police.uk
and
Devon Fire & Rescue Service
Divisional Headquarters
Newton Road
Torquay
TQ2 7AD;
Telephone: (01803) 653700
and
Environmental Protection Team (Public Nuisance)
C/O Town Hall
Castle Circus, Torquay
TQ1 3DR
and
Trading Standards
Environmental Health & Consumer Protection
C/O Town Hall
Castle Circus, Torquay
TQ1 3DR
and
Torbay Safeguarding Children Board (TSCB)
4th Floor South
Tor Hill House
c/o Town Hall, Torquay
TQ1 3DR
01803 207176
tscb@torbay.gov.uk
And
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1)
If Torbay Council is your Health & Safety Enforcing Authority e.g. pubs,
nightclubs, retail premises, hotels, etc then you must copy your application to:
The Health & Safety Team
C/O Town Hall
Castle Circus, Torquay
TQ1 3DR
If the Health & Safety Executive is your Health & Safety Enforcing Authority
e.g. Schools, Factories, Premises operated by Torbay Council, etc then you
must copy your application to:
Principal Inspector
Health & Safety Executive
Ballard House
West Hoe Road
Plymouth
PL1 3BL
Telephone: 0845 345055
2)
All applications which involve a vessel at sea, must be copied to:
Maritime & Coastguard Marine Office
New Fish Market Quay
Plymouth
PL4 0LH
Telephone: (01752) 266211
3)
Planning and Conservation Division
C/O Town Hall
Castle Circus, Torquay
TQ1 3DR
Telephone: (01803) 207801
(The Licensing Team will consult with the Planning Division on your
behalf, they do not require a copy of the application form).
4)
In addition, you may need advice on the whole Licensing processes from:
Safety and Licensing
Environmental Health & Consumer Protection
C/O Town Hall
Castle Circus, Torquay
TQ1 3DR
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Appendix 2
Plans
If there is any alteration or proposed alterations to the made to the Plan, a
copy of the said plan should be submitted to the Licensing Section prior to
the variation application being submitted, in order for a decision to be
made as to whether a NEW APPLICATION would be required. If any of
the following apply a new application may be required:
a)
b)
c)
d)
e)
an increase in the trading area.
affects the supervision of the premises in any way.
alters the nature or character of the premises.
affects the movement of persons into, out of or within the
building, or
alters the “footprint” of the premises
Appendix 3
Advertisement of
applications
In the case of an application for a premises licence, the applicant must
advertise the application.
1) For a period of no less then 28 consecutive days starting on the day after the
day on which the application was given to Torbay Council, by displaying a
notice,
(i)
which is:of a size equal or larger than A4,
of a pale blue colour,
printed legibly in black ink or typed in black in a font of a size equal to
or larger than 16;
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(ii)
in all cases, prominently at or on the premises to which the application
relates where it can be conveniently read from the exterior of the
premises and in the case of a premises covering an area of more than
fifty metres square, a further notice in the same form and subject to
the same requirements every fifty metres along the external perimeter
of the premises abutting any highway;
and
2) by publishing a notice:(i)
in a local newspaper circulating in the vicinity of the premises (Herald
Express).
(ii)
on at least one occasion during the period of ten working days starting
on the day after the day on which the application was given to the
relevant licensing authority.
The following information must be provided in the notices:a) the name of the applicant;
b) the postal address of the premises, or if there is no postal address for the
premises a description of those premises sufficient to enable the location and
extent of the premises or club premises to be identified.
c) The postal address and, where applicable, the worldwide web address where
the register of the relevant licensing authority is kept and when the record of
the application may be inspected;
d) The date by which an interested party or responsible authority may make
representations to the relevant licensing authority;
e) That representations shall be made in writing; and
f)
That it is an offence knowingly or recklessly to make a false statement in
connection with an application and the maximum fine for which a person is
liable on description of the proposed variation.
g) A brief description of the proposed application, including the times the
premises is open for the sale of alcohol, supply of hot food and regulated
entertainment opening hours.
(Site notices are available from www.torbay.gov.uk) It is suggested that
you use a duplicate site notice when submitting your advert to the
Herald Express, and request that it is as small as possible.