Premise Licences

Variation of a Premises Licence

Where a premises licence holder wishes to amend the premises licence, the Licensing Act (2003) allows in most cases, for an application to vary the licence to be made, rather than an application for a new premises licence.

A premises licence can be varied by:

  • the hours during which a licensable activity is permitted
  • adding or removing licensable activities
  • amending, adding or removing conditions within a licence and
  • altering any aspect of the layout of the premises which is shown on the plan

A variation cannot be used to vary a licence to:

  • extend a time-limited licence or to
  • transfer the licence from one premises to another

Depending on the proposed changes it may be possible for you to submit a ‘minor variation’ application instead of a variation to premises licence

To make an application to vary a premises licence, you need to:

  • complete the prescribed application form which includes an Operating Schedule.
  • To see more about how we record and store your information please the Council’s privacy notice
  • enclose the prescribed fee by either cash, cheque or Postal Order made payable to Hyndburn Borough Council.  We can also take credit/debit card payments over the telephone
  • enclose a plan of the premises to which the application relates (if the original plan is to be altered)
  • enclose the existing premises licence
  • enclose documents demonstrating the applicant’s entitlement to live and work in the UK (see guidance from the Home Office)

Once your application is complete, it must be submitted to the Licensing Authority by either post or email.

A copy of the completed application and accompanying documents must be sent to all of the Responsible Authorities (including Home Office Immigration Enforcement), on the same day as the application is submitted to the Licensing Authority. If you do not send full copies to the Responsible Authorities, any one of them can declare your application to be invalid.  If you are applying by email, the Licensing Authority will forward the application on.

As part of the application process, you are required to publicise your application in two different ways:

  • by publishing a public notice in a local newspaper, on one occasion within 10 working days of making your application to the Licensing Authority.  Local newspapers to Hyndburn are  Accrington Observer  and Lancashire Evening Telegraph.
  • by displaying a statutory notice (on blue paper, A4 or larger) at or near the premises, for 28 days.

Advertising your application gives Responsible Authorities, local residents and any other person the opportunity to make representations in respect of your application during the 28 day notice period. If the representation is valid the application will be referred to the Licensing Sub-Committee for determination, unless the representation is withdrawn. In some cases, the Licensing Authority will invite parties involved to a mediation meeting.

If there are no representations, the application will be granted in the terms sought.

Please see the guidance leaflet giving detailed information on the process of applying for a variation of a premises licence.