Vary or transfer a premises licence
If you are considering changing your plans, adding regulated entertainment or amending your operating schedule then you may be able to apply for a variation to your licence.
Any premises where alcohol is supplied under a premises licence must have a nominated Designated Premises Supervisor (DPS). This is a person in day-to-day control of the premises. It is expected that they will be the point of contact for the premises at all times for the council, or other responsible authorities (such as the police or fire service) if problems occur at the premises. A DPS must be a personal licence holder but will not necessarily be the premises licence holder.
How to apply
Applications to Vary the DPS on a Premises Licence can be submitted either by post, online or via email. The completed application has to be served on Horsham Council's Licensing Team and copied to West Sussex Police.
- Apply online using our Apply to vary a premises licence and specify a DPS form. If you apply online we will copy the forms to the Police on your behalf. This form must be completed by the Licence holder or by an agent/solicitor working on their behalf
- The new Designated Premises Supervisor must complete the DPS Consent form
- Include your Premises Licence in your application. Return the full licence, or relevant part thereof
- To apply by post, send your completed form to
Licensing Team
Horsham District Council
Albery House
Springfield Road
Horsham
West Sussex
RH12 2GB
In all cases, it is recommended that you obtain proof of postage.
Fee
The statutory fee is £23 to vary a Designated Premises Supervisor on a premise licence.
You can pay over the telephone by credit or debit card by calling the Licensing Team or have a payment link sent to you via a valid email address.
Changing the DPS with immediate effect
If requested on the application form, the change of DPS has immediate effect as soon as the application has been received and accepted by the Licensing Authority (Horsham District Council) and copied to the West Sussex Police.
Once the application has been accepted the Police have 14 days in which to object to the change of DPS. If no objection is received, your application will be granted and you'll receive the amended Premises Licence in the post. If an objection is received we will be in contact with you.
The Premises Licence Holder must notify the outgoing DPS of the application so they are aware that they no longer have responsibility.
After you've applied
Your application will take 14 days to process after which a new premises licence will be issued and sent out to you.
Request to be removed as Designated Premises Supervisor
Request to be removed as a Designated Premises Supervisor form (Word)
Request to be removed as a Designated Premises Supervisor form (PDF)
Removing the requirement for a designated premises supervisor and personal licence at a community premises allows the management committee of village halls, church halls, chapel halls, community halls and similar community premises to apply to be collectively responsible for the supervision of alcohol sales instead of a designated person with a personal licence.
Who can apply?
The application must come from a committee or board with responsibility for the management of the community premises
The community premises will need to apply to their local licensing authority for the requirement of DPS and associated licence condition to be removed, detailing an alternative condition imposed instead.
The types of application that can be made are as follows:
- application to replace the requirement to have a DPS with the alternative licence condition for an existing premises licence to supply alcohol
- new application for a premises licence including the supply of alcohol under the alternative licence condition
- application to vary an existing premises licence to add the supply of alcohol under the alternative licence condition
Fee
The fee to apply to replace the requirement to have a DPS with the alternative licence condition is £23.
Advertising
There is no requirement to advertise an application to include the alternative licence condition.
Objections
Only the Chief Officer of Police can object to a request for the inclusion of the alternative licence condition on the grounds of crime and disorder. The police will consider any history of incidents at an establishment in light of the actual or proposed management arrangements, including in relation to the use of appropriate hire agreements.
If the Chief Officer of Police objects to the application to include the alternative licence condition on crime prevention grounds, the licensing authority must hold a hearing to consider the objection and determine whether to grant the application.
Before you apply
Please read the Designated Premises Supervisor Committee Guidance on GOV.UK
How to apply
Applications to remove the requirement for a designated premises supervisor can be submitted either by post or via email. The completed application has to be served on Horsham Council's Licensing Team and copied to West Sussex Police.
If you apply via email we will copy the forms to the Police on your behalf.
Application form to Disapply the DPS (Word version)
Application form to Disapply the DPS (PDF version)
- To apply by email, send your completed form to licensing@horsham.gov.uk
- To apply by post, send your completed form to
Licensing Team
Horsham District Council
Albery House
Springfield Road
Horsham
West Sussex
RH12 2GB
In all cases, it is recommended that you obtain proof of postage.
A premises licence may be transferred from one party, partnership, person or company to another.
Before you apply
You must ensure that the premises licence:
- has not been surrendered
- has not lapsed
- is not the subject of a current or recent prosecution or review
- current premises licence holder agrees to the transfer
- has no outstanding annual fees from previous licence holders
The applicant must ensure that the layout of the premises conforms to the plan held by the Council.
If there are changes to the premises layout
If changes to the layout of the premises are to be made or any changes to the licensing activities then a variation application may also be required.
Fee
The statutory fee is £23 to transfer a premise licence.
You can pay over the telephone by credit or debit card by calling the Licensing Team or have a payment link sent to you via a valid email address.
How to apply
Applications to Transfer a Premises Licence can be submitted either by post, online or via email. The completed application has to be served on Horsham Council's Licensing Team and copied to West Sussex Police.
- To apply online, complete our Premises licence transfer online form. Once the forms have been completed and uploaded, the system will ask you to make a card payment. If you apply online we will copy the forms to the Police on your behalf
- To apply by email or post, download the application to transfer a premises licence and the consent of premises licence holder to transfer forms from GOV.UK
- Email your completed forms to licensing@horsham.gov.uk or send your completed forms to:
Licensing Team
Horsham District Council
Albery House
Springfield Road
Horsham
West Sussex
RH12 2GB
In all cases, it is recommended that you obtain proof of postage.
After you apply
Your application will take 14 days to process after which a new premises licence will be issued and sent out to you.
Annual fee
There is an annual fee payable each year due on the date when the original licence was granted.
If you decide not to be the premises holder
If you no longer wish to be the premises licence holder(s) then you must arrange for the new person, party, partnership or company to transfer the premises licence again. Alternatively, this licence may be surrendered – you should call the Licensing Team to discuss.
If you need to vary your Designated Premises Supervisor
A separate form needs to be completed if the designated premises supervisor is changing. Find details for this process above.
If you want to make changes to your premises licence then it's likely that you'll need to apply for a variation. There are two types of variation application, a full variation or a minor variation.
The type of application you need to apply for will depend on the change you want to make and if it is likely to impact on the licensing objectives. These are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
If the changes could impact on the licensing objectives then you must apply for a full variation. For example, if you want to:
- extend the opening hours of the premises
- make major changes to the premises or change the layout of the bar area
- add the sale by retail of alcohol
- authorise the sale of alcohol between 11pm and 7am or
- increase the number of hours that alcohol may be sold on any day
If the changes are small and do not impact the licensing objectives then you can apply for a minor variation: find minor variation details in the next section.
Who can apply
Only the premises licence holder or their agent can apply for a variation.
Advertising
The application must be advertised by placing a notice on pale blue paper on the premises in a position where it is clearly visible from the outside. The application must also be advertised by placing a notice in a newspaper circulating in the area within the first 10 working days.
A notice needs to be displayed on the premises for a period of no less than 28 consecutive days, starting on the day after the day on which the application was given to the relevant licensing authority. The notice, in all cases, must be displayed prominently at or on the premises to which the application relates where it can be conveniently read from the exterior of the premises. In the case of a premises covering an area of more than fifty metres square, a further notice in the same form and subject to the same requirements must be displayed every fifty metres along the external perimeter of the premises abutting any highway. The notice must be of a size equal or larger than A4, of a pale blue colour, printed legibly in black ink or typed in black in a font of a size equal to or larger than 16 point.
How to apply
You can submit a Variation of Premises Licence application online, by email or post.
If you apply via email or the online system we will copy the forms to all of the Responsible Authorities on your behalf.
- To apply online, complete our Vary premises licence online form. Once the forms have been completed and uploaded, the system will ask you to make a card payment. If you apply online or by email we will copy the forms to all of the Responsible Authorities on your behalf
- To apply by email or post, download the application to vary a premises licence form from GOV.UK. Email your completed forms to licensing@horsham.gov.uk or post your completed form to:
Licensing Team
Horsham District Council
Albery House
Springfield Road
Horsham
West Sussex
RH12 2GB
and copies to all Responsible Authorities
Supporting information: Plans of the premises
All applications for a premises licence 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.
It is recommended that all areas of alcohol consumption are marked on the plans.
There is no requirement for plans to be professionally drawn as long as they clearly show all the required information.
The Minor Variations process is designed to allow licensees to make small changes to their licences more quickly and cheaply.
There are four main types of minor variation application:
- Minor changes to the structure or layout or a premises
- Small adjustments to licensing hours
- Conditions: removal of irrelevant or unenforceable conditions
- Licensable activities: adding certain licensable activities, including live music
GOV.UK: Minor variation guidance notes
Fees
The statutory fee per application is £89. There are no exemptions to this fee.
How to apply
Download the Minor variation application form from GOV.UK and send it in to us.
Advertising
The application must be advertised on a white A4 notice at the premises, and contain basic details such as a brief description of the proposed variation; name of the applicant or club; address of the premises; and date by which any interested party may make representations.
There is no requirement for the applicant to advertise the application in a local newspaper.
Applicants can volunteer conditions as part of the minor variations process, whether from their own risk assessment of the variation, or from informal discussions with the responsible authorities or the licensing authority.
The application will be determined by licensing officers under the Delegated Authority powers of the Council.
Role of responsible authorities
There is no requirement for applicants to notify responsible authorities of their application. Responsible authorities only become involved at the request of the licensing officer.
The guidance states that licensing officers “must consult relevant responsible authorities if there is any doubt about the impact of the variation on the licensing objectives and they need specialist advice, and take their views into account in reaching a decision.” (See para 8.37).
The guidance also states “in many cases the licensing authority may be able to make a decision without consultation”.
Role of interested parties
Interested parties may make representations based on the licensing objectives.
Representations do not trigger a hearing under the minor variations process, but the guidance states that licensing authorities must take any representations into account in arriving at a decision.
Minor variations timescale
The timescale set out in the legislation is 15 working days.
Day one is the first working day after the day the licensing authority receives the application.
The licensing authority must then process the application and determine it within 15 working days.
If the authority fails to determine the application within 15 working days, the application is deemed refused, and the fee must be returned to the applicant.
The first 10 working days of the 15 working day period constitute a consultation period in which Interested Parties may make representations to the licensing authority.
During this period officers may consider the application and may consult relevant responsible authorities.
A determination of the application cannot be made during the 10 working day period; a decision on the application must be made during the remaining 5 working days.
If the application is rejected within the 15 days, the local authority retains the fee.
Determining minor variation applications
The determination must be to grant or to refuse an application.
The key test is whether the proposed variation could impact adversely on any of the four licensing objectives.
Licensing officers have no power to impose conditions; only conditions volunteered by the applicant can be added to the licence under the minor variations procedure.
Notice requirements following determined applications
Granted applications: the licensing authority must notify the applicant of any variation granted, together with the time that the variation will take effect. This will usually be as stipulated in the application, but if the applicant stipulates a date before the notice of determination is given, the licensing authority will specify a later time in the notice.
Refused applications: the licensing authority must give notice to the applicant that the application has been refused, together with the reasons for the refusal.
Applications that have been rejected under the minor variations process can then be the subject of a full variation application or of a revised minor variations application.
The minor variations refusal does not affect any subsequent variation application in respect of the same premises.
Licences and summaries will be re-issued on the grant of a minor variation to reflect the changes made.
Hearings
There are no hearings under the minor variation process.
In cases where the licence holder has died, an interim authority notice can be issued. There is a £23 for this service.