Guidance for Major Variation

Licensing (Scotland) Act 2005 Guidance on Applying for a Major Variation

Before lodging your application for a Major Variation of your existing Premises Licence please ensure that you have read the following guidance.

What is a Major Variation of a Premises Licence?

The Licensing (Scotland) Act 2005 allows the holder of an existing Premises Licence to make a number of 'minor variations' to their Premises Licence under the minor variation provisions. A 'major variation' is any variation to the Premises Licence other than those defined as a 'minor variations'.

Appendix 1 sets out the current types of variation that are considered 'minor variations'.

The 2005 Act defines variation in relation to a Premises Licence as the variation of

• any of the conditions to which the licence is subject (other than those to which the licence is subject by virtue of section 27(1));
•  any of the information contained in the operating plan contained in the licence;
• the layout plan contained in the licence; or (d) any other information contained or referred to in the licence and includes an addition, deletion or other modification.

Who can apply?

An application can only be made by the holder of the relevant Premises Licence issued under the Licensing (Scotland) Act 2005 or an agent authorised to act on their behalf. The application process for a major variation is complex; applicants are strongly encouraged to consider taking independent legal advice before submitting their application.

How do you apply?

To apply for a variation you should complete the Online Application Form and submit it to the Licensing Board with the relevant fee. Where required, your application must be accompanied by the supporting documents set out in part 4 of the guidance.

What needs to accompany the application?

The relevant Premises Licence, inclusive of the Summary Premises Licence, Operating Plan and Layout Plan should be submitted with the application.

If the application proposes to amend the layout of the premises then seven copies of the appropriately amended layout plan for the premises should be provided.

Please refer to Paragraph 5 of the Premises Licence (Scotland) Regulations 2007 regarding the format of Layout Plans. In addition to the above, the Licensing Board may request information in respect of any application if such information is considered necessary in order to determine the application.

How much is the application Fee?

The application fee is £180.

Payment for your application must be made by electronic banking (i.e. BACS) to Glasgow City Council Licensing account detailed below quoting your licence reference number if you are a current licence holder as follows:

Account Name: Glasgow City Council - Licensing
Account No. 00116224
Sort Code: 83-44-00
Reference: GCxxxx/Application Type

How will the application be processed?

Once an application has been received it will be passed to the Licensing team for review in order to determine if the application is competent.

The Licensing Board will then arrange to carry out a 28 day consultation on your application. During the consultation period any person can make an objection or representation to the Board, either for or against the application.

We will write to you advising when the consultation period will begin and providing you with a statutory public notice for your application. This notice must be displayed on or near the Premises for the first 21 days of the consultation period. If the notice is taken down or defaced you must take steps to immediately replace the notice. At the end of the 21 days you should remove the notice and return the relevant Certificate of Compliance to the Licensing section. If you do not follow this part of the process, your application may not be considered.

During the consultation period your application will be sent to the following consultees:

• Police Scotland
• Scottish Fire and Rescue
• Licensing Standards Officers
• Building Control

In addition a notice will be sent to:

(a) the local Councillors for the area in which the Premises is located;
(b) the local Community Council for the area in which the Premises is located; and
(c) the occupier of any property within 4m of the Premises.

The notice will provide details of the application and advise them of the last date for making an objection or representation.

Once the 28 day consultation period is complete, we will review your application and check that your Certificate of Compliance has been returned.

Once all outstanding issues have been resolved, we will refer your application to a meeting of the Licensing Board. You will receive a letter requesting your attendance at the meeting and explaining the reason you are being cited. Although you are not legally required to attend it is recommended that you do so. We will contact you, in writing, after the meeting to advise you of the Board's decision.

How long will it take to process my application?

Most applications for major variation are determined within 9 months of being lodged.

What happens after my application is granted?

The Premises Licence will be updated to reflect the variation and forwarded to the Licence Holder or agent.

Further Information

If you have any further questions about the application process the Licensing Team will be happy to assist you.  Please note that whilst the Licensing Team can provide guidance, the team cannot offer you legal advice.

You can contact us by phone on 0141 287 5354 or by Email or write to us at:

 Licensing Team
City of Glasgow Licensing Board
City Chambers
eorge Square
Glasgow G2 1DU