Office of Public Sector Information
16.—(1) An application, or a notice under Part 3 of these Regulations, must be made or given in writing.
(2) For the purposes of paragraph (1), an application or notice which is sent by facsimile transmission or electronic mail shall be treated as being made or given in writing if it meets the conditions in paragraph (3).
(3) The conditions are that—
(a) the text of the application or notice—
(i) is capable of being accessed by the recipient,
(ii) is legible in all material respects, and
(iii) is capable of being read and reproduced in written form and used for subsequent reference by the recipient; and
(b) the person to whom the application or notice is to be made or given has agreed in advance that an application or notice may be made or given by the particular electronic means used.
(4) Subject to paragraph (5), where an application or notice is sent by facsimile transmission or electronic mail, it is to be treated as having been made or given at the time the conditions specified in paragraph (3)(a) are satisfied.
(5) An application is not to be treated as having been made until—
(a) the prescribed fee has been received by the licensing authority, or
(b) where any document required to accompany the application has not been sent by electronic means, or has been sent in a form that does not meet the conditions in paragraph (3), any such document has been received by the licensing authority in hard copy.
(6) In this regulation—
(a) “legible in all material respects” means, in relation to an application or notice sent by electronic means, that the information contained in the application or notice is available to the recipient to no lesser extent than it would be if given by means of a document in written form; and
(b) “the prescribed fee”, in relation to an application, means the fee determined in accordance with regulations made under Part 8 of the Act which an applicant is required to pay in connection with the making of the application;
(c) any reference to a document in hard copy is to a written document or a document in the form of a plan.
17.—(1) This regulation prescribes the form of the notice which a licensing authority is required to give under section 164(1)(a) (notice of grant of application).
(2) Subject to the following provisions of this regulation and regulation 19, the notice shall be in the form specified in—
(a) Part 1 of Schedule 7, where it relates to the grant of an application for a premises licence;
(b) Part 2 of that Schedule, where it relates to the grant of an application to vary a premises licence;
(c) Part 3 of that Schedule, where it relates to the grant of an application to transfer a premises licence;
(d) Part 4 of that Schedule, where it relates to the grant of an application for the reinstatement of a premises licence; and
(e) Part 5 of that Schedule, where it relates to the grant of an application for a provisional statement.
(3) Where, on granting an application, the licensing authority exercise their powers to attach one or more conditions to the licence, the notice under section 164(1)(a) must include an annex in the form set out in Part 6 of Schedule 7—
(a) setting out the conditions, and
(b) in relation to each condition, giving the authority’s reasons for attaching it to the licence.
(4) Where, on granting an application, the licensing authority exercise their powers to exclude one or more conditions that would otherwise be attached to the licence, the notice under section 164(1)(a) must include an annex in the form set out in Part 7 of Schedule 7—
(a) setting out the conditions to be excluded, and
(b) in relation to each condition, giving the authority’s reasons for excluding it.
(5) Where representations are made under section 161 in relation to an application which is granted by a licensing authority, the notice under section 164(1)(a) must include an annex in the form set out in Part 8 of Schedule 7—
(a) setting out the representations, and
(b) giving the authority’s response to the representations.
(6) In relation to an application for a provisional statement—
(a) any reference in paragraph (3) to conditions attached by the licensing authority is to have effect as a reference to those conditions which the authority would attach under section 169(1)(a) if a premises licence were granted in respect of the premises to which the provisional statement relates; and
(b) any reference in paragraph (4) to conditions excluded by the licensing authority is to have effect as a reference to those conditions which the authority would exclude under section 169(1)(a) if a premises licence were granted in respect of the premises to which the provisional statement relates.
18.—(1) This regulation prescribes the form of the notice which a licensing authority is required to give under section 165(1) (notice of rejection of application).
(2) Subject to regulation 19, the notice shall be in the form specified in—
(a) Part 1 of Schedule 8, where it relates to the rejection of an application for a premises licence;
(b) Part 2 of that Schedule, where it relates to the rejection of an application to vary a premises licence;
(c) Part 3 of that Schedule, where it relates to the rejection of an application to transfer a premises licence;
(d) Part 4 of that Schedule, where it relates to the rejection of an application for the reinstatement of a premises licence; and
(e) Part 5 of that Schedule, where it relates to the rejection of an application for a provisional statement.
19.—(1) Where matters are included in square brackets in any form in Schedule 7 or 8, they are intended to indicate and explain the information to be specified in the notice to which the form relates, and are not required to be included in the notice.
(2) The first page of a notice given by a licensing authority under section 164(1) or 165(1) may include any symbol or logo which is commonly used by that authority to identify documents produced by it.
The Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007