Question 1
- Can I be forced to adopt Challenge 25 if I’m only applying to change the layout of my pub?
I have applied to vary my premises licence to update the plans due to a refurbishment planned for this autumn. I currently operate under a Challenge 21 policy, which has been very effective—no underage sales have occurred, and we’ve passed all test purchase checks.
However, the police have objected to the application and are pushing for a Challenge 25 policy, saying this is a good opportunity to update the licence. Do I have to accept this condition?
Answer
No, not necessarily. When someone makes a representation (such as the Police objecting to your application), it must directly relate to the variation you are applying for. Since you are only changing the layout of the premises and not altering how alcohol is sold or increasing risk factors, it’s unlikely that a simple change to the plans would increase the risk of underage sales.
You have already demonstrated that Challenge 21 is working well—there is no history of underage sales, and you have passed test purchases.
It would be reasonable to speak with the Police and explain that any proposed conditions should be relevant to your specific application. Try to negotiate a resolution.
If the police insist on their objection, a hearing will be scheduled before the Licensing Sub-Committee.
However, if your local council’s licensing policy doesn’t specifically require Challenge 25, and you can show that Challenge 21 has been effective, it will be difficult for the Police to justify the need for a change.
Question 2
- Our premises licence requires three door supervisors from 8pm on Thursdays to Saturdays—but this feels excessive. Can we change it?
My wife and I recently took over a local bar, which we have refurbished and now operate as a high-end cocktail bar. The Premises Licence includes a condition requiring a minimum of three door supervisors on Thursdays, Fridays, and Saturdays from 8pm.
This feels excessive—on Thursdays we close by midnight, and on Fridays and Saturdays the premises does not get busy with customers until after 9pm, sometimes later.
We are licensed for sale of alcohol until 1:00 am on those nights but having three door staff from 8pm, especially on quiet nights, is proving very expensive. Can this condition be changed?
Answer
Yes, you can apply to vary your premises licence to change the door supervisor condition. You might want to request one or more of the following adjustments:
- A later start time for door staff (e.g., from 9pm instead of 8pm).
- Fewer required door supervisors (e.g., reducing from three to one or two).
- A condition that only requires door supervisors on nights when you trade past midnight (particularly helpful if you choose to close earlier on quieter nights like Thursdays).
- A flexible condition that allows door supervision to be based on a risk assessment—so you would only need door staff when you assess it as necessary.
Before submitting the variation, it is wise to consult with the Police and Licensing Authority to ensure they support or don’t object to the proposed change.
If you can also show that there have been no incidents or issues at the premises, that will strengthen your case.
In fact, if the police are on side and agreeable to the change, and it is not deemed controversial, the Licensing Authority may allow you to submit this by way of a minor variation rather than a full variation application, which is a quicker and simpler process.
- Suraj Desor is an associate solicitor at Poppleston Allen
