Minor Changes to Licensed Premises

The Licensing Act implies that any change to premises which departs from the original licensing plan must trigger an application for variation. Taken at face value, this would mean wasting the time of businesses and public authorities alike with trivial matters, having no real bearing on the licensing objectives. We are also mindful of the damage done to businesses by costly but inappropriate regulation. In Swindon we have taken the view that any matter which has no significance for the licensing objectives necessarily falls outside the remit of the Licensing Authority and therefore does not merit any formal process.

All of the 'responsible authorities' in Swindon have agreed to waive their right to make representations on inconsequential changes. Small and inconsequential changes can be notified simply by providing an updated plan. Within ten working days, any of the responsible authorities has an opportunity to put the case that the change or changes should not be handled informally. If none of the agencies objects, the new version of the plan will simply be added to the file as an update. No fee is payable for this informal procedure.

A variation application will still be expected

• when a drinking area or drinks sale area is about to be made much bigger
• where use of an escape route will be affected in a significant way
• where there will be significant interference with sight lines, where alcohol is sold
• if the new arrangement of the building and sources of sound may generate a nuisance