Office of Public Sector Information
PART 3 continued
(1) This section applies where the relevant licensing authority—
(a) receives a provisional statement application, and
(b) is satisfied that the applicant has complied with any requirement imposed on him by virtue of section 30.
(2) Where no relevant representations are made, the authority must issue the applicant with a statement to that effect.
(3) Where relevant representations are made, the authority must—
(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary,
(b) determine whether, on the basis of those representations and the provisional statement application, it would consider it necessary to take any steps under section 18(3)(b) if, on the work being satisfactorily completed, it had to decide whether to grant a premises licence in the form described in the provisional statement application, and
(c) issue the applicant with a statement which—
(i) gives details of that determination, and
(ii) states the authority’s reasons for its decision as to the steps (if any) that it would be necessary to take under section 18(3)(b).
(4) The licensing authority must give a copy of the provisional statement to—
(a) each person who made relevant representations, and
(b) the chief officer of police for each police area in which the premises are situated.
(5) In this section “relevant representations” means representations—
(a) which are about the likely effect on the licensing objectives of the grant of a premises licence in the form described in the provisional statement application, if the work at the premises was satisfactorily completed, and
(b) which meet the requirements of subsection (6).
(6) The requirements are—
(a) that the representations are made by an interested party or responsible authority within the period prescribed under section 17(5)(c) by virtue of section 30,
(b) that the representations have not been withdrawn, and
(c) in the case of representations 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.
(7) Where the authority determines for the purposes of subsection (6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.
(8) In this section “provisional statement application” means an application made in accordance with section 29.
(1) This section applies where a provisional statement has been issued in respect of any premises (“the relevant premises”) and a person subsequently applies for a premises licence in respect of—
(a) the relevant premises or a part of them, or
(b) premises that are substantially the same as the relevant premises or a part of them.
(2) Where—
(a) the application for the premises licence is an application for a licence in the same form as the licence described in the application for the provisional statement, and
(b) the work described in the schedule of works accompanying the application for that statement has been satisfactorily completed,
representations made by a person (“the relevant person”) in respect of the application for the premises licence are excluded representations for the purposes of section 18(6)(d) if subsection (3) applies.
(3) This subsection applies if—
(a) given the information provided in the application for the provisional statement, the relevant person could have made the same, or substantially the same, representations about that application but failed to do so, without reasonable excuse, and
(b) there has been no material change in circumstances relating either to the relevant premises or to the area in the vicinity of those premises since the provisional statement was made.
(1) The holder of a premises licence must, as soon as is reasonably practicable, notify the relevant licensing authority of any change in—
(a) his name or address,
(b) unless the designated premises supervisor has already notified the authority under subsection (4), the name or address of that supervisor.
(2) Subsection (1) is subject to regulations under section 55(1) (fee to accompany application).
(3) A notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to produce the licence (or part).
(4) Where the designated premises supervisor under a premises licence is not the holder of the licence, he may notify the relevant licensing authority under this subsection of any change in his name or address.
(5) Where the designated premises supervisor gives a notice under subsection (4), he must, as soon as is reasonably practicable, give the holder of the premises licence a copy of that notice.
(6) A person commits an offence if he fails, without reasonable excuse, to comply with this section.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) The holder of a premises licence may apply to the relevant licensing authority for variation of the licence.
(2) Subsection (1) is subject to regulations under—
(a) section 54 (form etc. of applications etc.);
(b) section 55 (fees to accompany applications etc.).
(3) An application under this section must also be accompanied by the premises licence (or the appropriate part of that licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).
(4) This section does not apply to an application within section 37(1) (application to vary licence to specify individual as premises supervisor).
(5) The duty to make regulations imposed on the Secretary of State by subsection (5) of section 17 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.
(1) This section applies where the relevant licensing authority—
(a) receives an application, made in accordance with section 34, to vary a premises licence, and
(b) is satisfied that the applicant has complied with any requirement imposed on him by virtue of subsection (5) of that section.
(2) Subject to subsection (3) and section 36(6), the authority must grant the application.
(3) Where relevant representations are made, the authority must—
(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and
(b) having regard to the 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 reject the whole or part of the application;
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) In this section “relevant representations” means representations which—
(a) are about the likely effect of the grant of the application on the promotion of the licensing objectives, and
(b) meet the requirements of subsection (6).
(6) The requirements are—
(a) that the representations are made by an interested party or responsible authority within the period prescribed under section 17(5)(c) by virtue of section 34(5),
(b) that they have not been withdrawn, and
(c) in the case of representations 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.
(7) Subsections (2) and (3) are subject to sections 19, 20 and 21 (which require certain conditions to be included in premises licences).
(1) Where an application (or any part of an application) is granted under section 35, the relevant licensing authority must forthwith give a notice to that effect to—
(a) the applicant,
(b) any person who made relevant representations in respect of the application, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(2) Where relevant representations were made in respect of the application, the notice under subsection (1) must state the authority’s reasons for its decision as to the steps (if any) to take under section 35(3)(b).
(3) The notice under subsection (1) must specify the time when the variation in question takes effect.
That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.
(4) Where an application (or any part of an application) is rejected under section 35, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to—
(a) the applicant,
(b) any person who made relevant representations in respect of the application, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(5) Where the relevant licensing authority determines for the purposes of section 35(6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
(6) A licence may not be varied under section 35 so as—
(a) to extend the period for which the licence has effect, or
(b) to vary substantially the premises to which it relates.
(7) In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a premises licence so that it has effect subject to different conditions in respect of—
(a) different parts of the premises concerned;
(b) different licensable activities.
(8) In this section “relevant representations” has the meaning given in section 35(5).
(1) The holder of a premises licence may—
(a) if the licence authorises the supply of alcohol, or
(b) if he has applied under section 34 to vary the licence so that it authorises such supplies,
apply to vary the licence so as to specify the individual named in the application (“the proposed individual”) as the premises supervisor.
(2) Subsection (1) is subject to regulations under—
(a) section 54 (form etc. of applications etc.);
(b) section 55 (fees to accompany applications etc.).
(3) An application under this section must also be accompanied by—
(a) a form of consent in the prescribed form given by the proposed individual, and
(b) the premises licence (or the appropriate part of that licence) or, if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).
(4) The holder of the premises licence must give notice of his application—
(a) to the chief officer of police for the police area (or each police area) in which the premises are situated, and
(b) to the designated premises supervisor (if there is one),
and that notice must state whether the application is one to which section 38 applies.
(5) Where a chief officer of police notified under subsection (4) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.
(6) The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (4).
(1) This section applies where an application made in accordance with section 37, in respect of a premises licence which authorises the supply of alcohol, includes a request that the variation applied for should have immediate effect.
(2) By virtue of this section, the premises licence has effect during the application period as if it were varied in the manner set out in the application.
(3) For this purpose “the application period” means the period which—
(a) begins when the application is received by the relevant licensing authority, and
(b) ends—
(i) if the application is granted, when the variation takes effect,
(ii) if the application is rejected, at the time the rejection is notified to the applicant, or
(iii) if the application is withdrawn before it is determined, at the time of the withdrawal.
(1) This section applies where an application is made, in accordance with section 37, to vary a premises licence so as to specify a new premises supervisor (“the proposed individual”).
(2) Subject to subsection (3), the relevant licensing authority must grant the application.
(3) Where a notice is given under section 37(5) (and not withdrawn), the authority must—
(a) hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and
(b) having regard to the notice, reject the application if it considers it necessary for the promotion of the crime prevention objective to do so.
(4) Where an application under section 37 is granted or rejected, the relevant licensing authority must give a notice to that effect to—
(a) the applicant,
(b) the proposed individual, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(5) Where a chief officer of police gave a notice under subsection (5) of that section (and it was not withdrawn), the notice under subsection (4) of this section must state the authority’s reasons for granting or rejecting the application.
(6) Where the application is granted, the notice under subsection (4) must specify the time when the variation takes effect.
That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.
(1) Where the holder of a premises licence is notified under section 39(4), he must forthwith—
(a) if his application has been granted, notify the person (if any) who has been replaced as the designated premises supervisor of the variation, and
(b) if his application has been rejected, give the designated premises supervisor (if any) notice to that effect.
(2) A person commits an offence if he fails, without reasonable excuse, to comply with subsection (1).
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) Where an individual wishes to cease being the designated premises supervisor in respect of a premises licence, he may give the relevant licensing authority a notice to that effect.
(2) Subsection (1) is subject to regulations under section 54 (form etc. of notices etc.).
(3) Where the individual is the holder of the premises licence, the notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).
(4) In any other case, the individual must no later than 48 hours after giving the notice under subsection (1) give the holder of the premises licence—
(a) a copy of that notice, and
(b) a notice directing the holder to send to the relevant licensing authority within 14 days of receiving the notice—
(i) the premises licence (or the appropriate part of the licence), or
(ii) if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).
(5) A person commits an offence if he fails, without reasonable excuse, to comply with a direction given to him under subsection (4)(b).
(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.
(7) Where an individual—
(a) gives the relevant licensing authority a notice in accordance with this section, and
(b) satisfies the requirements of subsection (3) or (4),
he is to be treated for the purposes of this Act as if, from the relevant time, he were not the designated premises supervisor.
(8) For this purpose “the relevant time” means—
(a) the time the notice under subsection (1) is received by the relevant licensing authority, or
(b) if later, the time specified in the notice.
(1) Subject to this section, any person mentioned in section 16(1) (applicant for premises licence) may apply to the relevant licensing authority for the transfer of a premises licence to him.
(2) Where the applicant is an individual he must be aged 18 or over.
(3) Subsection (1) is subject to regulations under—
(a) section 54 (form etc. of applications etc.);
(b) section 55 (fees to accompany applications etc.).
(4) An application under this section must also be accompanied by the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.
(5) The applicant must give notice of his application to the chief officer of police for the police area (or each police area) in which the premises are situated.
(6) Where a chief officer of police notified under subsection (5) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.
(7) The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (5).
(1) Where—
(a) an application made in accordance with section 42 includes a request that the transfer have immediate effect, and
(b) the requirements of this section are met,
then, by virtue of this section, the premises licence has effect during the application period as if the applicant were the holder of the licence.
(2) For this purpose “the application period” means the period which—
(a) begins when the application is received by the relevant licensing authority, and
(b) ends—
(i) when the licence is transferred following the grant of the application, or
(ii) if the application is rejected, when the applicant is notified of the rejection, or
(iii) when the application is withdrawn.
(3) Subject to subsections (4) and (5), an application within subsection (1)(a) may be made only with the consent of the holder of the premises licence.
(4) Where a person is the holder of the premises licence by virtue of an interim authority notice under section 47, such an application may also be made by that person.
(5) The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—
(a) that he has taken all reasonable steps to obtain that consent, and
(b) that, if the application were one to which subsection (1) applied, he would be in a position to use the premises during the application period for the licensable activity or activities authorised by the premises licence.
(6) Where the relevant licensing authority refuses to exempt an applicant under subsection (5), it must notify the applicant of its reasons for that decision.
(1) This section applies where an application for the transfer of a licence is made in accordance with section 42.
(2) Subject to subsections (3) and (5), the authority must transfer the licence in accordance with the application.
(3) The authority must reject the application if none of the conditions in subsection (4) applies.
(4) The conditions are—
(a) that section 43(1) (applications given interim effect) applies to the application,
(b) that the holder of the premises licence consents to the transfer,
(c) that the applicant is exempted under subsection (6) from the requirement to obtain the holder’s consent to the transfer.
(5) Where a notice is given under section 42(6) (and not withdrawn), and subsection (3) above does not apply, the authority must—
(a) hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and
(b) having regard to the notice, reject the application if it considers it necessary for the promotion of the crime prevention objective to do so.
(6) The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—
(a) that he has taken all reasonable steps to obtain that consent, and
(b) that, if the application were granted, he would be in a position to use the premises for the licensable activity or activities authorised by the premises licence.
(7) Where the relevant licensing authority refuses to exempt an applicant under subsection (6), it must notify the applicant of its reasons for that decision.
(1) Where an application under section 42 is granted or rejected, the relevant licensing authority must give a notice to that effect to—
(a) the applicant, and
(b) the chief officer of police for the police area (or each police area) in which the premises are situated.
(2) Where a chief officer of police gave a notice under subsection (6) of that section (and it was not withdrawn), the notice under subsection (1) of this section must state the licensing authority’s reasons for granting or rejecting the application.
(3) Where the application is granted, the notice under subsection (1) must specify the time when the transfer takes effect.
That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.
(4) The relevant licensing authority must also give a copy of the notice given under subsection (1)—
(a) where the application is granted—
(i) to the holder of the licence immediately before the application was granted, or
(ii) if the application was one to which section 43(1) applied, to the holder of the licence immediately before the application was made (if any),
(b) where the application is rejected, to the holder of the premises licence (if any).
(1) This section applies where—
(a) an application is made in accordance with section 42 to transfer a premises licence in respect of which there is a designated premises supervisor, and
(b) the applicant and that supervisor are not the same person.
(2) Where section 43(1) applies in relation to the application, the applicant must forthwith notify the designated premises supervisor of the application.
(3) If the application is granted, the applicant must forthwith notify the designated premises supervisor of the transfer.
(4) A person commits an offence if he fails, without reasonable excuse, to comply with this section.
(5) A person guilty of an offence under subsection (4) 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 under section 27 in a case within subsection (1)(a), (b) or (c) of that section (death, incapacity or insolvency of the holder), but
(b) no application for transfer of the licence has been made by virtue of section 50 (reinstatement of licence on transfer following death etc.).
(2) A person who—
(a) has a prescribed interest in the premises concerned, or
(b) is connected to the person who held the premises licence immediately before it lapsed (“the former holder”),
may, during the initial seven day period, give to the relevant licensing authority a notice (an “interim authority notice”) in respect of the licence.
(3) Subsection (2) is subject to regulations under—
(a) section 54 (form etc. of notices etc.);
(b) section 55 (fees to accompany applications etc.).
(4) Only one interim authority notice may be given under subsection (2).
(5) For the purposes of subsection (2) a person is connected to the former holder of the premises licence if, and only if—
(a) the former holder has died and that person is his personal representative,
(b) the former holder has become mentally incapable and that person acts for him under a power of attorney created by an instrument registered under section 6 of the Enduring Powers of Attorney Act 1985 (c. 29) , or
(c) the former holder has become insolvent and that person is his insolvency practitioner.
(6) Where an interim authority notice is given in accordance with this section—
(a) the premises licence is reinstated from the time the notice is received by the relevant licensing authority, and
(b) the person who gave the notice is from that time the holder of the licence.
(7) But the premises licence lapses again—
(a) at the end of the initial seven day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situated;
(b) at the end of the interim authority period, unless before that time a relevant transfer application is made to the relevant licensing authority.
Licensing Act 2003