Licensing Act 2003 - minor variations consultation

The DCMS have just released a consultation document looking at allowing minor variations to Premises Licences and Club Premises Certificates. Finally.

A huge problem with the Licensing Act 2003 is that in order to make an alteration to a licence it is necessary to follow a process that, in terms of time and cost, is similar to applying for the licence all over again.

The issue of minor variations arises most often when someone is looking to change the layout of their premises. It may simply be a case of extending a counter, removing a partition or carrying out DDA works – why should they pay through the nose to for an application when the work is of such trifling significance?

For some time now there’s been a marked difference between how Licensing Authorities have dealt with the issue of minor variations with two camps:

1. The pragmatists, who would rather there was some flexibility in the law to allow inconsequential amendments, especially to plans, to pass without comment. They only wish to be told of the amendment made, preferably with copies of updated plans to be sent to the responsible authorities.

2. The fundamentalists, who follow the letter of the law to the word and demand a variation to account for every little change made to plans attached to licences. Their entirely reasonable view is that they’re charged with administering the Licensing Act 2003 and nothing authorises them to step outside that legislation, however much they would like to.

The problem is that, when deciding whether to let a minor variation pass a Licensing Authority is leaving itself open to criticism/complications/judicial review if someone turns round at a later date and says that they believe a variation interferes with the licensing objectives in some way and they would have objected given the chance. A formalised procedure for minor variations might provide some protection from judicial review but I can imagine caution being the watchword, especially by the historically ‘fundamentalist’ authorities.

Ok, so I’ve explained what the position is, I’m now going to have a proper read through of the consultation document and see how (or if) they’ve dealt with everything.

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