Variation to a Club Premises certificate
Variation applications
If a club wants to make changes to their club premises certificate, they can apply for a variation of the certificate.
If the club is only looking to make small changes to the certificate, which will not impact on the promotion of the licensing objectives, it may be possible to apply for a minor variation of the club premises certificate. Minor variations are subject to a simpler application process and a lower application fee.
Clubs thinking of making changes to their club premises certificate are strongly encouraged to seek advice from officers in our licensing department before making an application. The officers will be able to advise you whether or not you can apply for a minor variation and can also help make sure that you follow all of the necessary procedures to help you avoid unnecessary delays in the application process.
You can contact the licensing department by email at licensing@tewkesbury.gov.uk or by phone on 01684 272271.
Further guidance on variation applications can be found on the Home Office website.
Applications
Clubs are strongly advised to email application forms and all supporting documents to licensing@tewkesbury.gov.uk. Please ensure that you make the payment for the application here: Payments – Tewkesbury Borough Council Please quote the payment reference number on your email with your application. If you are unable to email everything then please post to: Licensing Department, Tewkesbury Borough Council, Public Services Centre, Gloucester Road, Tewkesbury, Gloucestershire, GL20 5TT or by email at licensing@tewkesbury.gov.uk.
A template for the public notice that needs to be displayed at the club premises and published in a local newspaper, circular or similar document can also be downloaded below. Please note that the notice displayed at the relevant premises must be printed on light blue paper.
You can find out the non-domestic rateable value of the relevant premises by visiting the Valuation Office Agency website.
What you need to apply for a variation to a Club Premises Certificate
When you apply for a variation you must provide the following with your completed application form:
Operating schedule
The operating schedule, which forms part of the application form, explains how you propose to vary the operation of the club and promote the four licensing objectives. It includes:
- what activities will take place
- the proposed hours
- the duration of the Club Premises Certificate (if appropriate)
- whether alcohol will be supplied, and if so whether it will be consumed on or off the premises
- what steps you will take to promote the four licensing objectives (the prevention of crime and disorder, prevention of public nuisance, protection of children from harm and public safety)
It should take into account the type, size, location and opening hours of the Club.
You should be aware that what you write in your operating schedule will be used to produce conditions that will be attached to your Club Premises Certificate. So, you should make sure that the steps you are suggesting are realistic and within your control. If a licence is granted with conditions attached requiring the implementation of such steps, the conditions will be enforceable in law and it will be a criminal offence to fail to comply with them.
Before completing your operating schedule you are strongly advised to read the Council’s Statement of Licensing Policy, which gives clear guidance on our policies and expectations.
Plans of the Club premises
All applications for a Club Premises Certificate must include a plan of the premises. The plan must be clear and legible in all respects and must show:
- the boundary of the building, including any external and internal walls and, if different, the perimeter of the premises
- points of access to and egress i.e. doors
- location of escape routes from the premises
- the area within the premises to be used for each licensable activity
- fixed structures including furniture and temporarily fixed objects, such as seating, which may affect escape routes
- location and height of any stage or raised area relative to the floor
- location of any steps, stairs, elevators or lifts
- location of all toilets
- location and type of any fire safety and other safety equipment
- location of a kitchen, if any, on the premises
You can use a legend to explain the symbols used on the plan.
Application fee
The fee is based on the non-domestic rateable value of the premises. You must include the correct fee with your application. You can find details of your non-domestic rateable value on the Valuation Office Agency Website.
Notifying responsible authorities
You must submit a full copy of the application and all the accompanying documents to each of the responsible authorities. If you do not do this, your application will be invalid. You do not need to submit a full copy of your application to the responsible authorities when you email your application, as we will fulfil this requirement.
Advertising your application
You must advertise your application in the local newspaper and with a site notice(s).
Local newspaper
The newspaper notice must be published in a local newspaper on at least one occasion during the period of ten working days starting on the day after the day on which the application was given. A copy of the newspaper advertisement should be forwarded to this office.
Site notices
You must advertise your application at the premises. This notice must be displayed prominently at or on the premises to which the application relates detailing the application. The poster must be displayed where it can be conveniently read by the public. The poster must be displayed for a minimum of 28 days starting on the day after the day on which the application was given to the licensing authority. It should be equal or larger than A4, of pale blue colour, printed legibly in black ink or typed in black in a font of a size equal to or larger than 16.
What happens next
We will check that:
- the application is correctly completed
- the responsible authorities have a copy
- if has been advertised correctly
If there is a problem
If there is a problem with the application, we may contact you for further information or return the application (or part of it) for your attention. Until these problems are solved your application is not valid and the consultation period will not start.
Determination of applications
There is a statutory 28 day consultation period during which representations can be made both in favour, or against an application. If we receive no representations within the 28 days, we will grant your application as applied for, subject to the conditions offered in your operating schedule.
What happens if representations are received
Where we receive relevant representations, we will hold a hearing of the council’s licensing committee to decide on the application (unless all parties agree that a hearing is not necessary). We will tell you about the arrangements for the hearing.
The decision
After the committee has heard all parties it will make its decision. The Licensing Committee may:
- grant the variation of the Club Premises Certificate as applied for
- grant the variation of the Club Premises Certificate but modify the conditions of the licence, or reduce the hours of licensable activity
- reject the whole variation or part of the application. The existing certificate will remain unaffected
This decision is usually made at the time of the hearing. This will be confirmed in writing with the reasons for the decision along with information on what you need to do if you want to appeal.
Appeals
Both the applicant and anyone making representations can appeal to the local magistrates’ court if they are dissatisfied with the decision. The parties can do this by writing to HMCTS Gloucestershire, PO Box 9051, Gloucester, GL1 2XG.
Once your Club Premises Certificate is granted
The Club Premises Certificate summary must be prominently displayed on the premises and a copy of the full licence kept on the premises available for inspection. If you lose the licence you can apply for a copy by writing to us and enclosing the required fee. We will issue you with a replacement licence as soon as possible and in any event within 14 days.
