Apply to vary a premises licence

You need to apply for a variation of a premises licence if you are proposing to change or delete any of the licence details. The sale of alcohol without the appropriate licence is a criminal offence.

A variation is required if you are planning to change or delete:

  • licence conditions
  • information contained within the operating plan
  • information contained or referred to in the licence
  • the layout plan

Types of variations

A minor variation is:

  • any Variation of the Layout Plan, if the Variation does not result in any inconsistency with the Operating Plan
  • any Variation of the information contained in the licence relating to the Premises Manager (including a Variation so as to substitute a new Premises Manager)
  • where the name of the premises is disclosed in the premises licence, any change in that name
  • where, under the Operating Plan contained in the Licence, Children or Young Persons are allowed entry to the Premises, any Variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the Premises,
  • a temporary or permanent reduction in the licensed hours which does not result in the premises opening any earlier or closing any later than stated in the premises licence and operating plan
  • an increase in the minimum age at which children or young persons may be allowed onto the premises
  • a reduction in the times at which children or young persons may be allowed onto the premises
  • a restriction to the access of children or young persons to certain parts of the premises
  • any reduction in the capacity of the premises whether resulting from a variation to the layout plan or otherwise
  • any variation resulting in the cessation of the provision of live or recorded music at a decibel level exceeding 85 decibels
  • any variation to provide that, when the premises are fully occupied, more customers are likely to be seated than standing

All other variations are classed as major variations.

How to apply

You'll need to provide:

  • full details of the proposed variation
  • details of the current licence
  • the original premises licence (or an explanation why this can't be provided)
  • an updated operating plan (for major variations)

Fee and payment

The fee depends on the type of application you're making:

  • most minor variations - £20
  • minor variation to substitute the premises manager - £31
  • other major variation - fee based on the rateable value of the premises:

Fees must be paid whether you're granted a licence or not:

  • Send cash or a cheque (payable to Dumfries and Galloway Council) when you submit your application
  • Call 01387 245922 and pay by credit or debit card

What happens next

We consider all applications in line with local licensing policies and consult with Police Scotland.  For major variations, we also consult with the Licensing Standards Officer, NHS and other statutory agencies.  We also publish licensing notices online so interested parties can submit objections or representations.

Major variation applications need to be considered by the Dumfries and Galloway Licensing Board .  Minor variation applications are delegated to the Clerk to the Licensing Board to determine.

An amended licence will be issued at the earliest possible date after an application has been granted.

 

Page last updated: 08/10/2024
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