Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009

My Lords, the measure before you is part of the Government’s programme to remove unnecessary burdens on business. The minor variations process will provide an easier, cheaper and quicker way for premises to make small changes to their licences. This is particularly relevant at a time when pubs and clubs are struggling to survive. It will save the licensed trade valuable time and money and benefit thousands of voluntary bodies, such as sports clubs, political clubs and village halls, which wish to make small changes to their licences. A licence holder who wants to change any aspect of their licence must complete a 16-page application form, copy the application to around eight responsible authorities, advertise the variation in the local newspaper at an average cost of £200, post a notice outside the premises and pay the local authority a fee, which can range between £100 and £2,000. If local residents and businesses have concerns about the proposed change, the local authority must hold a hearing to consider the evidence and decide whether the variation should indeed go ahead. This process can last up to two months and costs on average about £600 per application. In the Government’s view, it is absolutely right that these safeguards should be in place for variations that might affect the licensing objectives. However, the full variation process is disproportionate and burdensome for a small, low-risk, low-impact change to a licence. This might be, for example, relocating a bar, removing an out-of-date condition or holding an event once a week. Since the Act first came into force, a wide range of stakeholders including local authorities, licence holders, and live music organisations, have been asking for a cheaper, fast-track process for these minor variations. The proposal before you today is the Government’s response. How exactly will the minor variations process work? Licence holders will make an application to the licensing authority in the normal way but, unlike the full variation process applicants, they will not be required to copy the application to responsible authorities or advertise it in a local newspaper. The form will be shorter and easier to complete. Applications will be decided in 15 days with no hearings or appeals and applicants will pay a flat rate fee. While we believe that this process is a significant change, it does contain important safeguards and protections. First, applications will be refused if they could have any adverse impact on the licensing objectives, which include the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. Licensing officers will decide if applications meet this basic test, consulting responsible authorities like the police as necessary. Secondly, the minor variation process cannot be used to add the sale of alcohol to a licence, to extend the hours during which alcohol is sold and allow the sale of alcohol between 11 pm and 7am. This is very resonant with the findings of the first public consultation document on this exercise. Thirdly, the applicant must post brief details of the proposed variation on the premises so that residents know about the application and can tell the council if they have concerns. The local authority must take residents’ views into account in reaching a decision but it is not required to hold a hearing. These safeguards should ensure that only genuinely minor variations are allowed through this simplified process. If, exceptionally, there are any subsequent problems at a premise, local residents can ask for an immediate review of the licence. In summary, the order before you today will cut red tape, reduce bureaucracy and save licence holders significant sums of money. It will help a wide range of businesses and voluntary organisations in these difficult economic times. However, it will have appropriate safeguards on the impact of risk to residents and the public. I beg to move that this House approves the order.