Variation and transfer

 

Variation

To make major changes to the permitted hours or activities stated on the premises licence, an application for a variation of the premises licence must be submitted. You can apply and pay online or complete an application form (docx, 87kb) and return to us in the post. The application procedure is the same as a grant of a premises licence.

Minor variation

If you wish to make minor changes to the premises licence i.e. change of plans or removal of obsolete conditions then an application for a minor variation is required. You can apply and pay online or complete an application form (docx, 58kb) and return to us in the post. A minor variation application must be advertised by displaying a variation notice (doc, 33kb) (on white paper) on the premises for 10 days after the application is submitted.

Responsible authorities and other persons may object to the minor variation. If a valid objection is received, the minor variation application is rejected and a full variation must be applied for if the applicant wants to continue with the proposed changes The fee for a minor variation is detailed in the fees section.

Changes to the designated premises supervisor

To change the designated premises supervisor (DPS), an application to vary the designated premises supervisor must be submitted. You can apply and pay online or complete an application form (doc, 69kb) and return to us in the post. The application form must be accompanied by the consent form (doc, 39kb) signed by the proposed DPS. The fee payable is £23. A copy of the application form must be submitted to Derbyshire Police. A transfer can take immediate effect but the police have 14 days to object to the transfer of the designated premises supervisor.

Transfer of premises licence

To transfer the premises licence holder from one person to another, an application to transfer the premises licence holder must be submitted, this can be made online or an application form (doc, 124kb) can be returned in the post to us. The application form must be accompanied by the transfer consent form (doc, 32kb) signed by the previous premises licence holder. The fee payable is £23. A copy of the application form must be submitted to Derbyshire Police and Home Office. A transfer can take immediate effect but the police have 14 days to object to the variation of the premises licence.

Interim Authority Notice

An Interim Authority Notice may be given to the licensing authority where a premises licence has lapsed owing to the death, mental incapacity or insolvency of the premises licence holder, where the holder is an individual or on the dissolution or insolvency of a company which holds a premises licence.

The effect of the interim authority is to reinstate the premises licence from the time the notice is received and the person giving the notice becomes the licence holder. 

The application can be made online or an application form (doc, 118kb) can be returned in the post to us. The notice must be given to the licensing authority within 28 consecutive days beginning the day after the licence lapsed. The fee payable is £23. A copy of the application must be submitted to Derbyshire Police and the Home Office.

The maximum period for which an Interim Authority Notice may have effect is three months. The premises licence will have to be transferred before the end of this period to avoid the licence lapsing.

Right of freeholders etc to be notified of licensing matters

A person (which will include a business or company) with a property interest in any premises situated in this area may give notice of their interest to the authority.   It is entirely at the discretion of such persons whether they choose to register or not. It is not a legal requirement.  Those who may take advantage of this arrangement include the freeholder or leaseholder, a legal mortgagee in respect of the premises, a person in occupation of the premises or any other person prescribed by the Secretary of State.

The notice can be made online or an application form (doc, 126kb) can be completed and returned to us.  The fee payable is £21.  The notice will have effect for 12 months but a new notice can be given every year.

While the notice has effect, if any change relating to the premises concerned has been made to the licensing register (which the licensing authority has a duty to keep under section 8 of the 2003 Act), the licensing authority will notify the person who registered an interest of the matter to which the change relates. The person will also be notified of their right under section 8 to request a copy of the information contained in any entry in the register.