Office of Public Sector Information
PART 8 continued
(3) A licensing authority shall consider an application under this section as soon as is reasonably practicable and shall grant it if satisfied—
(a) that the licence or summary to which the application relates has been lost, stolen or damaged, and
(b) where the licence or summary has been lost or stolen, that the loss or theft has been reported to the police.
(4) As soon as is reasonably practicable after granting an application under this section a licensing authority shall issue a copy of the licence or summary to the applicant—
(a) certified by the authority as a true copy, and
(b) in, or in relation to, the form in which the licence had effect before the loss, theft or damage.
(5) A copy of a licence or summary issued under this section shall be treated as if it were the licence or summary.
(6) In subsection (2) “prescribed” means—
(a) in relation to applications to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to applications to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) The Secretary of State may by regulations prescribe a period at the end of which premises licences expire (unless they cease to have effect earlier in accordance with a provision of this Part).
(2) Regulations under this section may make provision about renewal (and may, in particular, apply or make provision similar to any provision of this Part about an application for a premises licence).
(3) Regulations under this section may make provision which applies to licences issued before the regulations are made.
(4) If the Secretary of State does not prescribe a period under this section in respect of a premises licence, it shall continue to have effect unless and until it ceases to have effect in accordance with a provision of this Part.
(1) A premises licence shall cease to have effect if the licensee—
(a) notifies the licensing authority of his intention to surrender the licence, and
(b) gives the licensing authority either—
(i) the licence, or
(ii) a written statement explaining why it is not reasonably practicable to produce the licence.
(2) As soon as is reasonably practicable after receipt of notification under subsection (1)(a) the licensing authority shall notify—
(a) the Commission,
(b) either—
(i) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or
(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and
(c) Her Majesty’s Commissioners of Customs and Excise.
(1) Where the holder of a premises licence fails to pay the annual fee in accordance with regulations under section 184 the licensing authority shall revoke the licence.
(2) But the licensing authority may disapply subsection (1) if they think that a failure to pay is attributable to administrative error.
(1) In the case of a premises licence issued to an individual, the licence shall lapse if—
(a) the licensee dies,
(b) the licensee becomes, in the opinion of the licensing authority as notified to the licensee, incapable of carrying on the licensed activities by reason of mental or physical incapacity,
(c) the licensee becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), or
(d) sequestration of the licensee’s estate is awarded under section 12(1) of the Bankruptcy (Scotland) Act 1985 (c. 66).
(2) In any other case a premises licence shall lapse if the licensee—
(a) ceases to exist, or
(b) goes into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).
(3) If a licensing authority become aware that a premises licence issued by them has lapsed, they shall as soon as is reasonably practicable notify—
(a) the Commission,
(b) either—
(i) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or
(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and
(c) Her Majesty’s Commissioners of Customs and Excise.
(1) This section applies where a premises licence lapses under section 194.
(2) During the period of six months beginning with the date of the lapse of the premises licence a person may apply to the licensing authority for the licence to be reinstated with the applicant as the licensee.
(3) The provisions of this Part shall apply in relation to an application for reinstatement as they apply in relation to an application for a premises licence—
(a) subject to the provisions of this section and section 196, and
(b) with any other necessary modifications.
(4) An application for reinstatement must (in addition to anything required by section 159) request that the reinstatement take effect upon the application being granted.
(5) A licensing authority shall grant an application for reinstatement unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (3) above).
(6) On the grant of an application for the reinstatement of a premises licence the licensing authority—
(a) shall alter the licence so that the applicant for reinstatement becomes the licensee,
(b) shall specify in the licence that the reinstatement takes effect at the time when the application is granted, and
(c) shall make such other alteration of the licence as appears to them to be required (which may, in particular, include an alteration to reflect a decision of the authority under section 169 as applied by subsection (3) above to make new or varied provision for the attachment or exclusion of conditions).
(1) An application under section 195 for the reinstatement of a premises licence must (in addition to anything required by section 159) be accompanied by—
(a) the licence, or
(b) both—
(i) a statement explaining why it is not reasonably practicable to produce the licence, and
(ii) an application under section 190 for the issue of a copy of the licence.
(2) In the case of an application under section 190 made in accordance with subsection (1)(b)(ii) above—
(a) the application shall be made by the applicant for reinstatement, and
(b) a reference to the licence being lost, stolen or damaged shall be treated as a reference to the licence being unavailable to the applicant for reinstatement.
(3) Regulations under section 160, as they have effect in relation to applications for reinstatement by virtue of section 195(3), may require notice to be given to specified responsible authorities (and not to all responsible authorities).
(4) Section 161 shall have effect in relation to an application for reinstatement with the omission of the reference to interested parties.
(5) Where an application is made under section 195 for the reinstatement of a premises licence, the licence shall have effect as if the applicant for reinstatement were the licensee during the period—
(a) beginning with the receipt of the application for reinstatement by the licensing authority, and
(b) ending with the determination of the application by the licensing authority.
(1) A responsible authority or interested party may apply to the licensing authority for a review by the authority of a premises licence.
(2) An application must—
(a) be made in the prescribed form and manner,
(b) specify the grounds on which the review is sought, and
(c) contain or be accompanied by the prescribed information or documents.
(3) The Secretary of State may make regulations requiring an applicant—
(a) to give notice of his application to the licensee;
(b) to give notice of his application to the responsible authorities in relation to the premises.
(4) The Secretary of State may make regulations requiring the licensing authority to whom an application is made under this section to publish notice of the application.
(5) Regulations under subsection (2), (3) or (4) shall include provision—
(a) about the manner and form in which notice is to be published or given,
(b) about the period of time within which notice is to be published or given, and
(c) for the consequences of failure to comply with the regulations.
(6) Regulations by virtue of subsection (5)(a) shall, in particular, require a notice to specify a period of time during which representations about the application may be made to the licensing authority by—
(a) the licensee,
(b) a responsible authority, or
(c) an interested party.
(7) In relation to applications to authorities in Scotland, subsections (3) and (4) shall have effect as if the references to the Secretary of State were references to the Scottish Ministers.
(1) A licensing authority may reject an application under section 197 for the review of a premises licence if they think that the grounds on which the review is sought—
(a) do not raise an issue relevant to the principles to be applied in accordance with section 153,
(b) are frivolous,
(c) are vexatious,
(d) will certainly not cause the authority to wish to take action of a kind specified in section 202(1),
(e) are substantially the same as the grounds specified in an earlier application under section 197 in respect of the premises licence, or
(f) are substantially the same as representations made under section 161 in relation to the application for the premises licence.
(2) In determining whether to exercise the power to reject an application under section 197 in accordance with subsection (1)(e) or (f), a licensing authority shall consider the length of time that has elapsed since the making of the earlier application or since the making of the representations under section 161.
(3) If a licensing authority consider that paragraphs (a) to (f) apply to some but not all of the grounds on which a review is sought, they may reject the application in so far as it relies on grounds to which those paragraphs apply.
(4) In this section a reference to section 161 includes a reference to that section as applied by section 187(3).
(1) This section applies where an application for review has been made to a licensing authority under section 197.
(2) If, or in so far as, the licensing authority do not reject the application under section 198 they shall grant it.
(1) A licensing authority may review in relation to premises licences of a particular class—
(a) the use made of premises, and
(b) in particular, arrangements made by licensees to ensure compliance with conditions attached under section 167, 168 or 169 or by a provision of this Part.
(2) A licensing authority may review any matter connected with the use of premises in reliance on a premises licence if the authority—
(a) have reason to suspect that the premises may have been used in purported reliance on a licence but not in accordance with a condition of the licence, or
(b) for any reason (which may relate to the receipt of a complaint about the use of the premises) think that a review would be appropriate.
(3) Before reviewing a premises licence under subsection (2) the licensing authority shall—
(a) give notice of their intention to hold the review to the licensee, and
(b) publish notice of their intention to hold the review.
(4) The Secretary of State may make regulations about—
(a) the manner and form in which notice under subsection (3) is to be given or published, and
(b) the period of time within which notice is to be given or published.
(5) Regulations by virtue of subsection (4)(a) shall, in particular, require a notice to specify a period of time during which representations about the review may be made to the licensing authority by—
(a) the licensee,
(b) a responsible authority, or
(c) an interested party.
(6) In relation to notice given by a licensing authority in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
(1) This section applies where a licensing authority—
(a) have granted an application for a review of a premises licence under section 199, or
(b) have given notice under section 200 of their intention to hold a review of a premises licence.
(2) As soon as is reasonably practicable after the expiry of any period for representations prescribed under section 197(6) or 200(5), the licensing authority shall review the premises licence.
(3) The purpose of the review shall be to consider whether to take action of a kind specified in section 202(1) in relation to the licence.
(4) In conducting a review of a premises licence a licensing authority shall hold a hearing unless—
(a) the applicant for the review (if there is one), and each person who has made representations about the review under section 197(6) or 200(5), have consented to the conduct of the review without a hearing, or
(b) the licensing authority think that each representation made about the review in accordance with section 197(6) or 200(5)—
(i) is frivolous,
(ii) is vexatious, or
(iii) will certainly not influence the review.
(5) In considering whether to take action of a kind specified in section 202(1) the licensing authority shall have regard (in addition to the matters specified in section 153) to—
(a) any representations made in accordance with section 197(6) or 200(5),
(b) any representations made at the hearing of the review (if there is one), and
(c) in the case of a review held in response to an application under section 197, the grounds specified in the application for the review (apart from any in relation to which the application was rejected under section 198(3)).
(1) As a result of a review of a premises licence under section 201 a licensing authority may—
(a) revoke the licence;
(b) suspend the licence for a specified period not exceeding three months;
(c) exclude a condition attached to the licence under section 168 or remove or amend an exclusion;
(d) add, remove or amend a condition under section 169.
(2) If the licensing authority decide to take action of a kind specified in subsection (1) they shall specify the time at which the action shall take effect.
(3) A licensing authority may, in particular, take action under subsection (1) on the grounds that the licensee has not used the licence.
(1) As soon as possible after completion of a review of a premises licence under section 201 a licensing authority shall give notice of their decision on the review to—
(a) the licensee,
(b) the applicant for the review (if any),
(c) the Commission,
(d) any person who made representations in accordance with section 197 or 200,
(e) either—
(i) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or
(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and
(f) Her Majesty’s Commissioners of Customs and Excise.
(2) A notice under subsection (1)—
(a) must be in the prescribed form, and
(b) must give the authority’s reasons for their decision.
(1) A person may make an application for a provisional statement in respect of premises—
(a) that he expects to be constructed,
(b) that he expects to be altered, or
(c) that he expects to acquire a right to occupy.
(2) The provisions of this Part shall apply in relation to an application for a provisional statement as they apply in relation to an application for a premises licence—
(a) subject to the provisions of this section and section 205, and
(b) with any other necessary modifications.
(3) An application for a provisional statement shall include such plans and other information in relation to the construction, alteration or acquisition as may be prescribed.
(4) Sections 152(1)(b) and 159(3) and (5) shall not apply in relation to an application for a provisional statement.
(1) This section applies where—
(a) a licensing authority issue a provisional statement in respect of premises, and
(b) an application is made under section 159 for a premises licence in respect of the premises.
(2) The licensing authority shall disregard any representations made in relation to the application for the premises licence unless they think that the representations—
(a) address matters that could not have been addressed in representations in relation to the application for the provisional statement, or
(b) reflect a change in the applicant’s circumstances.
(3) The licensing authority may refuse the application, or grant it on terms or conditions not included in the provisional statement, only by reference to matters which—
(a) the authority have considered in reliance on subsection (2)(a), or
(b) in the authority’s opinion reflect a change in the applicant’s circumstances.
(4) But subsections (2) and (3) do not apply in the case of a provisional statement issued in response to an application under section 204(1)(a) or (b) if the licensing authority think that the premises have been constructed or altered otherwise than in accordance with the plans and information included with the application for the provisional statement in accordance with section 204(3).
(1) Where a licensing authority reject an application under this Part the applicant may appeal.
(2) Where a licensing authority grant an application under this Part either of the following may appeal—
(a) a person who made representations in relation to the application, and
(b) the applicant.
(3) Where a licensing authority take action under section 202 as a result of a review of a premises licence, or determine to take no action as a result of a review, any of the following may appeal—
(a) the licensee,
(b) a person who made representations in relation to the review,
(c) the person (if any) who applied for the review, and
(d) the Commission.
(4) Where a licensing authority take action or make a determination under section 188(4) or (5) either of the following may appeal—
(a) the licensee, and
(b) the applicant for transfer.
(1) An appeal under section 206 in relation to premises must be instituted—
(a) in the magistrates' court for a local justice area in which the premises are wholly or partly situated,
(b) by notice of appeal given to the designated officer, and
(c) within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.
(2) Where an appeal is brought under section 206 the licence holder (or the applicant in the case of an appeal against the grant of an application for a premises licence) shall be a respondent in addition to the licensing authority (unless he is the appellant).
(3) On an appeal under section 206 the magistrates' court may—
(a) dismiss the appeal;
(b) substitute for the decision appealed against any decision that the licensing authority could have made;
(c) remit the case to the licensing authority to decide in accordance with a direction of the court;
(d) make an order about costs.
(4) Section 206 applies to a decision of a licensing authority following remittal under subsection (3)(c) above.
(5) In relation to premises in Scotland—
(a) subsection (1)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
(b) subsection (1)(b) shall not have effect,
(c) the reference in subsection (3) to the magistrates' court shall have effect as a reference to the sheriff, and
(d) the reference in subsection (3) to costs shall have effect as a reference to expenses.
(1) A determination or other action under this Part shall have no effect while an appeal under section 206—
(a) could be brought, or
(b) has been brought and has not yet been either finally determined or abandoned.
(2) But a licensing authority making a determination or taking other action under this Part may direct that subsection (1) shall not apply (in which case the magistrates' court or sheriff determining an appeal may make any order that it or he thinks appropriate).
A party to an appeal under section 206 may appeal on a point of law—
(a) in relation to premises in England and Wales, to the High Court, or
(b) in relation to premises in Scotland, to the Court of Session.
(1) In making a decision in respect of an application under this Part a licensing authority shall not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with the law relating to planning or building.
(2) A decision by a licensing authority under this Part shall not constrain any later decision by the authority under the law relating to planning or building.
(1) A premises licence—
(a) may not be issued in relation to a vehicle (or part of a vehicle),
(b) may be issued in relation to all or part of a passenger vessel,
(c) may be issued in relation to all or part of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, and
(d) may not be issued in relation to all or part of a vessel to which neither of paragraphs (b) and (c) applies.
(2) A premises licence in relation to a vessel may include a condition imposed by virtue of section 169 about the location of the vessel.
(3) In relation to a vessel, a reference in this Part to a place in which premises are wholly or partly situated shall be construed—
(a) in the case of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, as a reference to that place,
(b) in the case of a vessel which is permanently moored at a place, as a reference to that place,
(c) in the case of a vessel which is habitually moored at one place more frequently or for longer periods than at any other place, as a reference to that place, and
(d) in any other case, as a reference to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a premises licence.
(4) In relation to a vessel, the following are responsible authorities for the purposes of this Part (in addition to the persons listed in section 157)—
(a) a navigation authority, within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57), which has functions in relation to any place where the vessel is or is likely to be while activities are carried on in the vessel in reliance on a premises licence,
(b) the Environment Agency,
(c) the British Waterways Board, and
(d) the Secretary of State.
(1) Regulations under this Part prescribing a fee—
(a) may provide for the amount of the fee to be determined by a licensing authority, and
(b) may, if they make provision by virtue of paragraph (a), specify constraints on a licensing authority’s power to determine the amount of the fee.
(2) Where provision is made under subsection (1) for the amount of a fee to be determined by a licensing authority, the authority—
(a) shall determine the amount of the fee,
(b) may determine different amounts for different classes of case specified in the regulations (but may not otherwise determine different amounts for different cases),
(c) shall publish the amount of the fee as determined from time to time, and
(d) shall aim to ensure that the income from fees of that kind as nearly as possible equates to the costs of providing the service to which the fee relates (including a reasonable share of expenditure which is referable only partly or only indirectly to the provision of that service).
(3) For the purposes of subsection (2)(d) a licensing authority shall compare income and costs in such manner, at such times and by reference to such periods as the authority, having regard to any guidance issued by the Secretary of State, think appropriate.
(4) Regulations by virtue of this section may (without prejudice to the generality of section 355)—
(a) make provision which applies generally or only to specified authorities or classes of authority,
(b) make different provision for different authorities or classes of authority, and
(c) make transitional provision in respect of a case where an authority enters or leaves a class.
(5) A class of authority for the purposes of subsection (4) may, in particular, be defined by reference to categories assigned under section 99 of the Local Government Act 2003 (c. 26).
(6) This section does not apply to Scotland.
Gambling Act 2005