Search Legislation

Licensing Act 2003

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Variation of licences: minor variations

 Help about opening options

Changes to legislation:

Licensing Act 2003, Cross Heading: Variation of licences: minor variations is up to date with all changes known to be in force on or before 08 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Variation of licences: minor variationsE+W

Textual Amendments

F1Ss. 41A-41C and cross-heading inserted (1.7.2009 for certain purposes and 29.7.2009 otherwise) by The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772), art. 2

41AApplication for minor variation of premises licenceE+W

(1)Subject to subsection (3), the holder of a premises licence may apply under this section (instead of under section 34) to the relevant licensing authority for variation of the licence.

(2)Subsection (1) is subject to regulations under—

(a)section 54 (form etc. of applications etc.);

(b)section 55 (fees to accompany applications etc.).

(3)An application may not be made under this section to vary a premises licence so as to—

(a)extend the period for which it has effect,

(b)vary substantially the premises to which it relates,

(c)specify an individual as the premises supervisor,

(d)add the supply of alcohol as an activity authorised by the licence,

(e)authorise—

(i)the supply of alcohol at any time between 11pm and 7am, or

(ii)an increase in the amount of time on any day during which alcohol may be sold by retail or supplied, or

(f)include the alternative licence condition referred to in section 41D(3).

(4)The duty to make regulations imposed on the Secretary of State by subsection (5)(a) of section 17 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.

41BDetermination of application under section 41AE+W

(1)This section applies where the relevant licensing authority receives an application made under section 41A.

(2)In determining the application the authority must—

(a)consult such of the responsible authorities as it considers appropriate, and

(b)take into account any relevant representations—

(i)made by those authorities, or

(ii)made by [F2any other person] and received by the authority within ten working days beginning on the initial day.

(3)If the authority considers that—

(a)the variation proposed in the application could not have an adverse effect on the promotion of any of the licensing objectives, or

(b)if more than one variation is proposed, none of them, whether considered separately or together could have such an effect,

it must grant the application.

(4)In any other case the authority must reject the application.

(5)A determination under this section must be made within the period of fifteen working days beginning on the initial day.

(6)If at the expiry of the period referred to in subsection (5) the authority has not determined the application—

(a)the application is rejected, and

(b)the authority must forthwith return the fee that accompanied the application.

(7)But nothing in subsection (6) prevents the authority, with the agreement of the applicant, from treating—

(a)an application rejected by virtue of that subsection (“the first application”) as a new application made under section 41A,

(b)the prescribed fee that accompanied the first application as the prescribed fee accompanying a new application, or

(c)both.

(8)A new application of the kind referred to in subsection (7)(a) is to be treated as having been made on the date of the agreement referred to in that provision, or on such other date as is specified in the agreement.

(9)Any fee owed to an applicant under subsection (6) may be recovered as a debt due to the applicant.

(10)For the purposes of this section—

  • initial day” in relation to an application means the first working day after the day on which the authority receives the application;

  • relevant representations” in relation to an application means representations which are about the likely effect of the grant of the application on the promotion of the licensing objectives.

Textual Amendments

41CSupplementary provision about determinations under section 41BE+W

(1)Where an application is granted under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

(2)The notice under subsection (1) must specify—

(a)any variation of the premises licence which is to have effect as a result of the grant of the application, and

(b)the time at which that variation takes effect.

(3)The time referred to in subsection (2)(b) is the time specified in the application or, if that time is before the applicant is given the notice referred to in subsection (2), such later time as the authority specifies in the notice.

(4)Where an application is rejected under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

(5)The notice under subsection (4) must include a statement by the authority of the reasons for its decision.]

[F341DVariation of premises licence: supply of alcohol from community premisesE+W

(1)Where a management committee which holds a premises licence in respect of community premises makes an application under section 34 for variation of the licence so as to authorise the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

(2)A management committee which holds a premises licence in respect of community premises which includes the conditions in section 19(2) and (3) may make an application under section 34 for (or which includes an application for) variation of the licence to include the alternative licence condition instead of those conditions.

(3)In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

(4)In a case where an application under section 34 includes an application under subsection (1), or is made pursuant to subsection (2), section 19 (as it applies by virtue of section 35(7)) and section 35 are modified as follows.

(5)Section 19 has effect as if at the end there were inserted—

[F4(5)]But where—

(a)the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and

(b)if any representations are made pursuant to section 35(5)(aa), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be [F5appropriate] to promote the crime prevention objective,

the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 41D(3) instead..

(6)Section 35 has effect as if—

(a)after subsection (5)(a) there were inserted—

(aa)if they relate to the inclusion of the alternative licence condition referred to in section 41D(3)—

(i)were made by the chief officer of police for a police area in which the premises are situated, and

(ii)include a statement that, due to the exceptional circumstances of the case, he is satisfied that including the alternative licence condition instead of the conditions in section 19(2) and (3) would undermine the crime prevention objective, and, and

[F6(b)subsection (6)(c) were omitted.]]

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources