Minor variations consultation part 2 marks small victory for residents' groups

DCMS has announced a new licensing consultation on proposals to introduce a new minor variations process, and remove certain requirements at community premises. The consultation seeks views on two proposals which are aimed at simplifying the licensing process under the Licensing Act 2003 and removing unnecessary burdens on licence and club certificate holders.  The consultation document is here.

The first proposal seeks to introduce a new, simplified process for making minor variations to premises licences and club premises certificates. The Government consulted on policy options for this proposal from 31 November 2007 – 20 February 2008.  DCMS supported an option to amend the Act to introduce a new process for minor variations, broadly defined as any variation that does not impact adversely on the promotion of the licensing objectives.  Under this option, licensing authorities would decide whether a variation was minor and would be required to consult relevant responsible authorities as they judged necessary, depending on the individual circumstances of the variation.

The majority of respondents to the consultation agreed with this option but a minority, including all residents’ associations and some Local Authorities (LAs) felt that leaving the matter to be determined by LAs would lead to inconsistencies in interpretation and the risk that licensing officers might allow variations under the minor variations process that could affect residents and local businesses. Residents’ groups in particular were concerned that applications for extended licensing hours for the sale or supply of alcohol might be allowed through the new process, with no opportunity for residents to object. Similar concerns were also expressed, but to a lesser extent, about the addition of licensable activities, changes to the layout of a premises and changes to licence conditions.

Taking heed of these concerns, the Government 'recognises that appropriate weight should be given to the particular concerns expressed about alcohol related variations'.  The proposal now is to exclude from the minor variations process:

• the addition of the sale or supply of alcohol to a licence or club premises certificate
• the sale or supply of alcohol at any time between 11pm and 7am
• any increase in the amount of time on any day during which alcohol may be sold or supplied

The second proposal seeks to remove the requirement for a Designated Premises Supervisor and personal licence for community halls.  The Government consulted on policy options for this proposal from 8 August 2007 to 31 October 2007, and secured support for the proposals.