Office of Public Sector Information
PART 3 continued
(8) Nothing in this section prevents the person who gave the interim authority notice from making a relevant transfer application.
(9) If—
(a) a relevant transfer application is made during the interim authority period, and
(b) that application is rejected or withdrawn,
the licence lapses again at the time of the rejection or withdrawal.
(10) In this section—
“becomes insolvent” is to be construed in accordance with section 27;
“initial seven day period”, in relation to a licence which lapses as mentioned in subsection (1), means the period of seven days beginning with the day after the day the licence lapses;
“insolvency practitioner”, in relation to a person, means a person acting as an insolvency practitioner in relation to him (within the meaning of section 388 of the Insolvency Act 1986 (c. 45));
“interim authority period” means the period beginning with the day on which the interim authority notice is received by the relevant licensing authority and ending—
two months after that day, or
if earlier, when it is terminated by the person who gave the interim authority notice notifying the relevant licensing authority to that effect;
“mentally incapable” has the same meaning as in section 27(1)(b); and
“relevant transfer application” in relation to the premises licence, is an application under section 42 which is given interim effect by virtue of section 43.
(1) This section applies where—
(a) an interim authority notice by a person (“the relevant person”) is given in accordance with section 47,
(b) the chief officer of police for the police area (or each police area) in which the premises are situated is given a copy of the interim authority notice before the end of the initial seven day period (within the meaning of that section), and
(c) that chief officer (or any of those chief officers) is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would undermine the crime prevention objective.
(2) The chief officer of police must no later than 48 hours after he receives the copy of the interim authority notice give the relevant licensing authority a notice stating why he is so satisfied.
(3) Where a notice is given by the chief officer of police (and not withdrawn), the authority must—
(a) hold a hearing to consider it, unless the authority, the relevant person and the chief officer of police agree that a hearing is unnecessary, and
(b) having regard to the notice given by the chief officer of police, cancel the interim authority notice if it considers it necessary for the promotion of the crime prevention objective to do so.
(4) An interim authority notice is cancelled under subsection (3)(b) by the licensing authority giving the relevant person a notice stating that it is cancelled and the authority’s reasons for its decision.
(5) The licensing authority must give a copy of a notice under subsection (4) to the chief officer of police for the police area (or each police area) in which the premises are situated.
(6) The premises licence lapses if, and when, a notice is given under subsection (4).
This is subject to paragraph 7(5) of Schedule 5 (reinstatement of premises licence where appeal made against cancellation of interim authority notice).
(7) The relevant licensing authority must not cancel an interim authority notice after a relevant transfer application (within the meaning of section 47) is made in respect of the premises licence.
(1) On receipt of an interim authority notice, the relevant licensing authority must issue to the person who gave the notice a copy of the licence and a copy of the summary (in each case certified by the authority to be a true copy).
(2) The copies issued under this section must be copies of the premises licence and summary in the form in which they existed immediately before the licence lapsed under section 27, except that they must specify the person who gave the interim authority notice as the person who is the holder.
(3) This Act applies in relation to a copy issued under this section as it applies in relation to an original licence or summary.
(4) Where a person becomes the holder of a premises licence by virtue of section 47, he must (unless he is the designated premises supervisor under the licence) forthwith notify the supervisor (if any) of the interim authority notice.
(5) A person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) This section applies where—
(a) a premises licence lapses by virtue of section 27 (death, incapacity or insolvency etc. of the holder), but no interim authority notice has effect, or
(b) a premises licence lapses by virtue of section 28 (surrender).
(2) For the purposes of subsection (1)(a) an interim authority notice ceases to have effect when it is cancelled under section 48 or withdrawn.
(3) Notwithstanding the lapsing of the licence, a person mentioned in section 16(1) (who, in the case of an individual, is aged 18 or over) may apply under section 42 for the transfer of the licence to him provided that the application—
(a) is made no later than seven days after the day the licence lapsed, and
(b) is one to which section 43(1)(a) applies.
(4) Where an application is made in accordance with subsection (3), section 43(1)(b) must be disregarded.
(5) Where such an application is made, the premises licence is reinstated from the time the application is received by the relevant licensing authority.
(6) But the licence lapses again if, and when—
(a) the applicant is notified of the rejection of the application, or
(b) the application is withdrawn.
(7) Only one application for transfer of the premises licence may be made in reliance on this section.
(1) Where a premises licence has effect, an interested party or a responsible authority may apply to the relevant licensing authority for a review of the licence.
(2) Subsection (1) is subject to regulations under section 54 (form etc. of applications etc.).
(3) The Secretary of State must by regulations under this section—
(a) require the applicant to give a notice containing details of the application to the holder of the premises licence and each responsible authority within such period as may be prescribed;
(b) require the authority to advertise the application and invite representations about it to be made to the authority by interested parties and responsible authorities;
(c) prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any interested party;
(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.
(4) The relevant licensing authority may, at any time, reject any ground for review specified in an application under this section if it is satisfied—
(a) that the ground is not relevant to one or more of the licensing objectives, or
(b) in the case of an application made by a person other than a responsible authority, that—
(i) the ground is frivolous or vexatious, or
(ii) the ground is a repetition.
(5) For this purpose a ground for review is a repetition if—
(a) it is identical or substantially similar to—
(i) a ground for review specified in an earlier application for review made in respect of the same premises licence and determined under section 52, or
(ii) representations considered by the relevant licensing authority in accordance with section 18, before it determined the application for the premises licence under that section, or
(iii) representations which would have been so considered but for the fact that they were excluded representations by virtue of section 32, and
(b) a reasonable interval has not elapsed since that earlier application for review or the grant of the licence (as the case may be).
(6) Where the authority rejects a ground for review under subsection (4)(b), it must notify the applicant of its decision and, if the ground was rejected because it was frivolous or vexatious, the authority must notify him of its reasons for making that decision.
(7) The application is to be treated as rejected to the extent that any of the grounds for review are rejected under subsection (4).
Accordingly the requirements imposed under subsection (3)(a) and (b) and by section 52 (so far as not already met) apply only to so much (if any) of the application as has not been rejected.
(1) This section applies where—
(a) the relevant licensing authority receives an application made in accordance with section 51,
(b) the applicant has complied with any requirement imposed on him under subsection (3)(a) or (d) of that section, and
(c) the authority has complied with any requirement imposed on it under subsection (3)(b) or (d) of that section.
(2) Before determining the application, the authority must hold a hearing to consider it and any relevant representations.
(3) The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.
(4) The steps are—
(a) to modify the conditions of the licence;
(b) to exclude a licensable activity from the scope of the licence;
(c) to remove the designated premises supervisor;
(d) to suspend the licence for a period not exceeding three months;
(e) to revoke the licence;
and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.
(5) Subsection (3) is subject to sections 19, 20 and 21 (requirement to include certain conditions in premises licences).
(6) Where the authority takes a step mentioned in subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.
(7) In this section “relevant representations” means representations which—
(a) are relevant to one or more of the licensing objectives, and
(b) meet the requirements of subsection (8).
(8) The requirements are—
(a) that the representations are made—
(i) by the holder of the premises licence, a responsible authority or an interested party, and
(ii) within the period prescribed under section 51(3)(c),
(b) that they have not been withdrawn, and
(c) if they are made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(9) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
(10) Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for making it to—
(a) the holder of the licence,
(b) the applicant,
(c) any person who made relevant representations, and
(d) the chief officer of police for the police area (or each police area) in which the premises are situated.
(11) A determination under this section does not have effect—
(a) until the end of the period given for appealing against the decision, or
(b) if the decision is appealed against, until the appeal is disposed of.
(1) This section applies where a local authority is both—
(a) the relevant licensing authority, and
(b) a responsible authority,
in respect of any premises.
(2) The authority may, in its capacity as a responsible authority, apply under section 51 for a review of any premises licence in respect of the premises.
(3) The authority may, in its capacity as licensing authority, determine that application.
In relation to any application or notice under this Part, regulations may prescribe—
(a) its form;
(b) the manner in which it is to be made or given;
(c) information and documents that must accompany it.
(1) Regulations may—
(a) require applications under any provision of this Part (other than section 51) or notices under section 47 to be accompanied by a fee, and
(b) prescribe the amount of the fee.
(2) Regulations may also require the holder of a premises licence to pay the relevant licensing authority an annual fee.
(3) Regulations under subsection (2) may include provision prescribing—
(a) the amount of the fee, and
(b) the time at which any such fee is due.
(4) Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority.
(1) Where—
(a) the relevant licensing authority, in relation to a premises licence, makes a determination or receives a notice under this Part,
(b) a premises licence lapses under this Part, or
(c) an appeal against a decision under this Part is disposed of,
the relevant licensing authority must make the appropriate amendments (if any) to the licence and, if necessary, issue a new summary of the licence.
(2) Where a licensing authority is not in possession of the licence (or the appropriate part of the licence) it may, for the purposes of discharging its obligations under subsection (1), require the holder of a premises licence to produce the licence (or the appropriate part) to the authority within 14 days from the date on which he is notified of the requirement.
(3) A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) This section applies whenever premises in respect of which a premises licence has effect are being used for one or more licensable activities authorised by the licence.
(2) The holder of the premises licence must secure that the licence or a certified copy of it is kept at the premises in the custody or under the control of—
(a) the holder of the licence, or
(b) a person who works at the premises and whom the holder of the licence has nominated in writing for the purposes of this subsection.
(3) The holder of the premises licence must secure that—
(a) the summary of the licence or a certified copy of that summary, and
(b) a notice specifying the position held at the premises by any person nominated for the purposes of subsection (2),
are prominently displayed at the premises.
(4) The holder of a premises licence commits an offence if he fails, without reasonable excuse, to comply with subsection (2) or (3).
(5) A constable or an authorised person may require the person who, by virtue of arrangements made for the purposes of subsection (2), is required to have the premises licence (or a certified copy of it) in his custody or under his control to produce the licence (or such a copy) for examination.
(6) An authorised person exercising the power conferred by subsection (5) must, if so requested, produce evidence of his authority to exercise the power.
(7) A person commits an offence if he fails, without reasonable excuse, to produce a premises licence or certified copy of a premises licence in accordance with a requirement under subsection (5).
(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(9) In subsection (3) the reference to the summary of the licence is a reference to the summary issued under section 23 or, where one or more summaries have subsequently been issued under section 56, the most recent summary to have been so issued.
(10) Section 58 makes provision about certified copies of documents for the purposes of this section.
(1) Any reference in section 57 to a certified copy of any document is a reference to a copy of that document which is certified to be a true copy by—
(a) the relevant licensing authority,
(b) a solicitor or notary, or
(c) a person of a prescribed description.
(2) Any certified copy produced in accordance with a requirement under section 57(5) must be a copy of the document in the form in which it exists at the time.
(3) A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.
(1) In this section “relevant application” means an application under—
(a) section 17 (grant of licence),
(b) section 29 (provisional statement),
(c) section 34 (variation of licence), or
(d) section 51 (review of licence).
(2) A constable or an authorised person may, at any reasonable time before the determination of a relevant application, enter the premises to which the application relates to assess—
(a) in a case within subsection (1)(a), (b) or (c), the likely effect of the grant of the application on the promotion of the licensing objectives, and
(b) in a case within subsection (1)(d), the effect of the activities authorised by the premises licence on the promotion of those objectives.
(3) An authorised person exercising the power conferred by this section must, if so requested, produce evidence of his authority to exercise the power.
(4) A constable or an authorised person exercising the power conferred by this section in relation to an application within subsection (1)(d) may, if necessary, use reasonable force.
(5) A person commits an offence if he intentionally obstructs an authorised person exercising a power conferred by this section.
(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Licensing Act 2003