Note: Section 29(6)(a) of the Licensing (Scotland) Act 2005 intimates that a variation to the Layout Plan of a Premises qualifies as a minor variation only ’if the variation does not result in any inconsistency with the operating plan’. Regulation 2(d) of the Licensing (Minor Variations) (Scotland) Regulations 2011 states that ‘any reduction in the capacity of the premises whether resulting from a variation to the layout plan or otherwise’ is to be considered a minor variation.
Since the Operating Plan contained within the Premises Licence reflects the relevant ‘on sales’ and/or ‘off sales’ capacity figures, a variation to the layout of the premises will only be considered ‘minor’ if the changes reduce the capacity figures or keep the figures the same.
