(1) A person may apply to a licensing authority for a premises licence to be issued to him authorising the use of premises to carry on an activity listed in section 37(1).
(2) An application must be made to a licensing authority in whose area the premises are wholly or partly situated.
(3) An application may be made only by a person who—
(a) holds an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought, or
(b) has made an application, which has not yet been determined, for an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought.
(4) But subsection (3) does not apply to an application for a premises licence which authorises a track to be used for accepting bets (and which does not also, otherwise than by virtue of section 172, authorise it to be used for another purpose).
(5) An application may be made only by a person who has a right to occupy the premises to which the application relates.
(6) An application must—
(a) be made in the prescribed form and manner,
(b) contain or be accompanied by the prescribed information or documents, and
(c) be accompanied by the prescribed fee.
(7) Regulations prescribing a matter for the purposes of this section may, in particular, make different provision for—
(a) applications in respect of different classes of activity, or
(b) different circumstances.
(8) In this section “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 make regulations requiring an applicant for a premises licence—
(a) to publish notice of his application;
(b) to give notice of his application to the responsible authorities in relation to the premises;
(c) to give notice of his application to other persons.
(2) Regulations under subsection (1) 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.
(3) In so far as this section has effect in relation to applications to authorities in Scotland, the reference to the Secretary of State shall have effect as a reference to the Scottish Ministers.
(1) Where an application is made to a licensing authority for a premises licence, an interested party or responsible authority in relation to the premises may make representations in writing to the licensing authority.
(2) Representations under subsection (1) must be made within such period as the Secretary of State shall prescribe by regulations.
(3) In so far as this section has effect in relation to applications to authorities in Scotland, the reference to the Secretary of State shall have effect as a reference to the Scottish Ministers.
(1) In determining an application for a premises licence a licensing authority must hold a hearing if—
(a) an interested party or responsible authority has made (and not withdrawn) representations about the application under section 161,
(b) the authority propose to attach a condition to the licence under section 169(1)(a), or
(c) the authority propose to exclude under section 169(1)(b) a condition that would otherwise be attached to the licence under section 168.
(2) But a licensing authority may determine an application for a premises licence without a hearing despite subsection (1) with the consent of—
(a) the applicant, and
(b) any interested party or responsible authority who has made (and not withdrawn) representations about the application under section 161.
(3) A licensing authority may also determine an application for a premises licence without a hearing despite subsection (1)(a) if the authority think that the representations made under section 161—
(a) are vexatious,
(b) are frivolous, or
(c) will certainly not influence the authority's determination of the application.
(4) If a licensing authority propose to determine an application in reliance on subsection (3) they shall as soon as is reasonably practicable notify any person who made representations under section 161.
(1) On considering an application for a premises licence (whether at a hearing or not) a licensing authority shall—
(a) grant it, or
(b) reject it.
(2) A licensing authority shall not determine an application for a premises licence made in reliance on section 159(3)(b) until the relevant operating licence has been issued (in a form which authorises the applicant to carry on the activity in respect of which the premises licence is sought).
(1) Where a licensing authority grant an application for a premises licence they shall as soon as is reasonably practicable—
(a) give notice of the grant to —
(i) the applicant,
(ii) the Commission,
(iii) any person who made representations about the application under section 161,
(iv) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated,
(v) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and
(vi) Her Majesty's Commissioners of Customs and Excise,
(b) issue a premises licence to the applicant, and
(c) give the applicant a summary of the terms and conditions of the licence in the prescribed form.
(2) A notice under subsection (1)(a)—
(a) must be in the prescribed form,
(b) if the licensing authority have attached a condition to the licence under section 169(1)(a) or excluded under section 169(1)(b) a condition that would otherwise have attached by virtue of section 168, must give the authority's reasons, and
(c) if representations were made about the application under section 161, must give the authority's response to the representations.
(3) In this section “prescribed” means—
(a) in relation to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) Where a licensing authority reject an application for a premises licence they shall as soon as is reasonably practicable give notice of the rejection to—
(a) the applicant,
(b) the Commission,
(c) any person who made representations about the application under section 161,
(d) 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
(e) 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 rejecting the application.
(3) In this section “prescribed” means—
(a) in relation to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) A licensing authority may resolve not to issue casino premises licences.
(2) In passing a resolution under subsection (1) a licensing authority may have regard to any principle or matter.
(3) A resolution under subsection (1)—
(a) must apply to the issue of casino premises licences generally,
(b) must specify the date on which it takes effect,
(c) may be revoked by a further resolution, and
(d) shall lapse at the end of the period of three years beginning with the date on which it takes effect (without prejudice to the ability to pass a new resolution).
(4) A resolution under subsection (1)—
(a) may be passed whether or not the licensing authority has already issued casino premises licences,
(b) shall have no effect in relation to a casino premises licence issued before the resolution takes effect,
(c) shall have no effect in relation to premises in respect of which a provisional statement relating to the operation of a casino is in force when the resolution takes effect,
(d) shall have no effect in relation to anything converted into a casino premises licence by virtue of Schedule 18,
(e) shall not affect the issuing of a casino premises licence in accordance with a requirement by virtue of Schedule 18, and
(f) may not be taken into account in conducting a review of a casino premises licence under section 201.
(5) A resolution under subsection (1) shall be published by being included in a statement or revision under section 349.
(6) Section 153 is subject to this section.
(7) The Secretary of State may by order require a licensing authority to consider whether or not to pass a resolution under subsection (1).
(8) An order under subsection (7) may—
(a) be directed to a particular licensing authority or to a class or description of licensing authority;
(b) require the licensing authority to consult such persons or classes of persons as they think are likely to be affected by the resolution (having regard to any guidance given by the Secretary of State);
(c) require the licensing authority to take other procedural steps;
(d) specify a period within which the consideration must take place;
(e) require consideration once or at specified intervals.
(1) The Secretary of State may by regulations provide for a specified condition to be attached to premises licences.
(2) Regulations under this section may, in particular—
(a) make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;
(b) make different provision for different classes of licence or for different circumstances.
(3) In relation to premises licences issued in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
(1) The Secretary of State may by regulations prescribe for a specified condition to be attached to any premises licence unless excluded by the authority who issue the licence.
(2) Regulations under this section may, in particular—
(a) make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;
(b) make different provision for different classes of licence or for different circumstances.
(3) In relation to a premises licence issued by an authority in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
169 Conditions imposed or excluded by licensing authority
(1) Where a licensing authority issue a premises licence they may—
(a) attach a condition to the licence;
(b) exclude a condition that would otherwise be attached to the licence by virtue of section 168.
(2) A condition attached to the licence under subsection (1)(a) may, in particular, address a matter addressed by a condition excluded under subsection (1)(b).
(3) A condition attached to the licence under subsection (1)(a) may apply in relation to the premises generally or only in relation to a specified part of the premises.
(4) A licensing authority may not attach a condition to a premises licence which prevents compliance with a condition of the operating licence which authorises the holder to carry out the activity in respect of which the premises licence is granted.
A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169)—
(a) requiring all or part of the premises, or any activity taking place on the premises, to be operated or carried on as a club or other body with membership, or
(b) restricting use of any part of the premises wholly or partly by reference to membership of a club or other body.
(1) A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169) imposing limits on—
(a) stakes,
(b) fees,
(c) winnings, or
(d) prizes.
(2) The prohibition in subsection (1)(b) shall not prevent the imposition by virtue of section 167 of a condition about fees for admission to a track.
(1) An adult gaming centre premises licence shall, by virtue of this section, authorise the holder—
(a) to make available for use on the premises a number of Category B gaming machines not exceeding 20 per cent of the total number of gaming machines which are available for use on the premises,
(b) to make any number of Category C gaming machines available for use on the premises, and
(c) to make any number of Category D gaming machines available for use on the premises.
(2) A family entertainment centre premises licence shall, by virtue of this section, authorise the holder—
(a) to make any number of Category C gaming machines available for use on the premises, and
(b) to make any number of Category D gaming machines available for use on the premises.
(3) A casino premises licence for a regional casino using at least 40 gaming tables shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—
(a) each gaming machine is of Category A, B, C or D, and
(b) the number of gaming machines—
(i) is not more than 25 times the number of gaming tables used in the casino, and
(ii) is not more than 1250.
(4) A casino premises licence for a large casino using at least one gaming table, or for a regional casino using fewer than 40 gaming tables, shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—
(a) each gaming machine is of Category B, C or D, and
(b) the number of gaming machines—
(i) is not more than 5 times the number of gaming tables used in the casino, and
(ii) is not more than 150.
(5) A casino premises licence for a small casino using at least one gaming table shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—
(a) each gaming machine is of Category B, C or D, and
(b) the number of gaming machines—
(i) is not more than 5 times the number of gaming tables used in the casino, and
(ii) is not more than 80.
(6) The Secretary of State may by regulations—
(a) define “gaming table” for the purposes of subsections (3) to (5);
(b) provide that a gaming table is to be treated as being used in a casino for the purposes of those subsections only if used—
(i) for a specified purpose,
(ii) in specified circumstances, and
(iii) to a specified extent;
(c) provide for a number of tables are to be treated as if they were a single gaming table in specified circumstances.
(7) A bingo premises licence shall, by virtue of this section, authorise the holder—
(a) to make available for use on the premises a number of Category B gaming machines not exceeding 20 per cent of the total number of gaming machines which are available for use on the premises,
(b) to make any number of Category C gaming machines available for use on the premises, and
(c) to make any number of Category D gaming machines available for use on the premises.
(8) A betting premises licence shall, by virtue of this section, authorise the holder to make up to four gaming machines, each of which must be of Category B, C or D, available for use.
(9) But subsection (8) applies to a betting premises licence in respect of a track only if the holder also holds a pool betting operating licence.
(10) A premises licence may not (whether by way of condition or otherwise)—
(a) make provision about the number or categories of gaming machine that may be made available for use that contradicts a provision of this section,
(b) make provision that contradicts a provision of regulations under section 236, 240 or 241, or
(c) make provision of a kind prohibited by regulations under any of those sections.
(11) The appropriate Minister may by order amend a provision of this section so as to vary—
(a) the number of machines authorised by a specified kind of premises licence;
(b) the category of machines authorised by a specified kind of premises licence.
(12) In subsection (11) “the appropriate Minister” means—
(a) the Scottish Ministers, so far as, in the case of a betting premises licence in respect of premises in Scotland and not in respect of a track, the order varies—
(i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or
(ii) whether such machines are authorised;
(aa) the Welsh Ministers, so far as, in the case of a betting premises licence in respect of premises in Wales and not in respect of a track, the order varies—
(i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or
(ii) whether such machines are authorised;
(b) otherwise, the Secretary of State.
(1) The kinds of premises licence specified in subsection (2) shall by virtue of this section authorise the holder to make facilities available for betting on the outcome of a virtual game, race, competition or other event or process.
(2) Those kinds of licence are—
(a) a casino premises licence, and
(b) a betting premises licence.
(1) A casino premises licence may be issued only in respect of—
(a) a regional casino,
(b) a large casino, or
(c) a small casino.
(2) A casino premises licence shall, by virtue of this section and subject to subsections (3) and (4), authorise the holder to use the premises to make available any number of games of chance other than casino games.
(3) A casino premises licence shall, by virtue of this subsection and subject to subsection (4), authorise the holder, and any person authorised by him in writing, to use the premises for the provision of facilities for—
(a) bingo,
(b) betting, or
(c) both.
(4) In respect of a small casino, subsection (3) shall not apply in so far as it authorises bingo.
(5) The Secretary of State may by order repeal subsection (4) (and this subsection).
(6) Regulations under section 167 shall, in particular, make provision in relation to casino premises licences imposing limits in respect of machines of a kind that would be gaming machines but for section 235(2)(i); and the limits may, in particular, operate by reference to—
(a) the number of machines, or
(b) the number of players that the machines are designed or adapted to accommodate.
(7) Regulations under section 167 or 168 may, in particular, make provision in relation to casino premises licences, or in relation to a class of casino premises licence, for a condition requiring the provision of recreational or other facilities of a specified kind.
(8) Subsection (7) is without prejudice to the generality of sections 167, 168 and 169.
(1) No more than one casino premises licence may have effect at any time in respect of regional casinos.
(2) No more than eight casino premises licences may have effect at any time in respect of large casinos.
(3) No more than eight casino premises licences may have effect at any time in respect of small casinos.
(4) The Secretary of State shall, having consulted the Scottish Ministers and the National Assembly for Wales, by order make provision for determining the geographical distribution of casino premises licences within the limits specified in subsections (1) to (3); for which purpose the order shall—
(a) specify which licensing authorities may issue casino premises licences of a specified kind, and
(b) in respect of each specified authority, specify the number of casino premises licences of each kind issued by the authority that may have effect at any time.
(5) An application for a casino premises licence may not be made to a licensing authority if subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting the application.
(6) An application for a provisional statement may not be made to a licensing authority if it relates to a casino and is made at a time when subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting a casino premises licence in response to an application made in reliance on the provisional statement.
(7) Schedule 9 (which makes provision about the treatment of applications for casino premises licences and provisional statements) shall have effect.
(8) The Secretary of State may by order—
(a) amend any of subsections (1), (2) and (3) so as to substitute a new maximum number of casino premises licences;
(b) repeal any of subsections (1), (2) and (3).
(1) The Commission shall issue one or more codes of practice under section 24 about access to casino premises for children and young persons.
(2) The code or codes issued in accordance with subsection (1) shall, in particular—
(a) require the holder of a casino premises licence to take specified steps to ensure that no child or young person enters premises or a part of premises which it would be an offence under section 47 to permit him to enter (“prohibited premises or areas”),
(b) for that purpose, require the holder of a casino premises licence to ensure—
(i) that each entrance to prohibited premises or to a prohibited area is supervised by one or more persons whose responsibilities include ensuring compliance with the code of practice (“the supervisor”), and
(ii) that arrangements are made to require evidence of age to be produced by any person seeking admission to prohibited premises or to a prohibited area unless the supervisor, reasonably, is certain that the person seeking admission is an adult, and
(c) make provision about the nature of evidence that may be used for the purpose of arrangements made in accordance with paragraph (b)(ii).
(3) A casino premises licence shall by virtue of this section be subject to the condition that the licensee ensures compliance with any relevant code of practice issued in accordance with subsection (1).
(1) This section applies to—
(a) casino premises licences, and
(b) bingo premises licences.
(2) A premises licence to which this section applies shall by virtue of this section be subject to the condition that the licensee does not—
(a) give credit in connection with gambling authorised by the licence, or
(b) participate in, arrange, permit or knowingly facilitate the giving of credit in connection with gambling authorised by the licence.
(3) But the condition in subsection (2) shall not prevent the licensee from permitting the installation and use on the premises of a machine enabling cash to be obtained on credit from a person (the “credit provider”) provided that—
(a) the licensee has no other commercial connection with the credit provider in relation to gambling,
(b) the licensee neither makes nor receives any payment or reward (whether by way of commission, rent or otherwise) in connection with the machine, and
(c) any conditions about the nature, location or use of the machine attached by virtue of section 167, 168 or 169 are complied with.
(4) In this section “credit” has the same meaning as in section 81.
(1) Where a condition for door supervision is attached to a premises licence (whether by virtue of section 167, 168 or 169) subsection (3) shall apply in relation to the licence.
(2) In subsection (1) “condition for door supervision” means a condition requiring that one or more persons be responsible for guarding the premises against unauthorised access or occupation, against outbreaks of disorder or against damage.
(3) If the person carrying out the guarding mentioned in subsection (2) is required by the Private Security Industry Act 2001 (c. 12) to hold a licence under that Act authorising the guarding, the requirement under that Act shall be treated for the purposes of this Act as if it were a condition of the premises licence attached by virtue of this section.
(1) A betting premises licence in respect of a track may not authorise the acceptance of bets by way of pool betting except in a case to which subsection (2) applies.
(2) This subsection applies to the acceptance of bets, by way of pool betting on horse-racing or dog-racing—
(a) by the holder of the betting premises licence, or
(b) in accordance with arrangements made by him.
(3) The Secretary of State may by order amend this section so as to—
(a) add an exception to subsection (1),
(b) amend an exception to subsection (1), or
(c) remove an exception to subsection (1).
(1) A betting premises licence in respect of premises other than a dog track shall by virtue of this section be subject to the condition that pool bets may not be accepted in reliance on the licence in respect of dog-racing other than in accordance with arrangements made with the occupier of the dog track on which the racing takes place.
(2) The Secretary of State may by order repeal this section.
(3) A repeal by order under subsection (2) shall cause the condition attached by subsection (1) to premises licences in force on the date of the repeal to lapse in respect of anything done on or after the date of the repeal.
(4) This section shall cease to have effect at the end of 31st December 2012 (and the condition attached by subsection (1) to premises licences in force on that date shall lapse in respect of anything done after that date).
(1) A condition of a betting premises licence may relate to—
(a) the number of machines used on the premises for the purpose of making or accepting bets;
(b) the nature of those machines;
(c) the circumstances in which those machines are made available for use.
(2) A condition of a casino premises licence may relate to—
(a) the number of machines used on the premises for the purpose of making or accepting bets;
(b) the nature of those machines;
(c) the circumstances in which those machines are made available for use.
(3) In this section “condition” means a condition imposed by virtue of section section 167, 168 or 169.
(1) A premises licence in respect of a track shall by virtue of this section be subject to the condition that the licensee shall ensure that children and young persons are excluded from—
(a) any area where facilities for betting are provided, and
(b) any area where a gaming machine, other than a Category D machine, is situated.
(2) But subsection (1)(a)—
(a) shall not apply to a dog track on a day on which dog-racing takes place, or is expected to take place, on the track, ...
(b) shall not apply to a horse-race course on a day on which horse-racing takes place, or is expected to take place, on the course, and
(c) shall not apply to any other track on a day on which a race or other sporting event takes place, or is expected to take place, on the track.
(3) For the purposes of this section a reference to the area where facilities are provided or where a machine is situated is a reference to any place in which it is possible to take advantage of the facilities or use the machine.
(4) The Secretary of State may by order amend this section so as to—
(a) provide an additional exception to subsection (1)(a),
(b) remove an exception to subsection (1)(a), or
(c) amend an exception to subsection (1)(a).
A premises licence shall, by virtue of this section, be subject to the condition that the premises shall not be used to provide facilities for gambling on Christmas Day.
(1) The holder of a premises licence—
(a) shall pay a first annual fee to the licensing authority within such period after the issue of the licence as may be prescribed, and
(b) shall pay an annual fee to the licensing authority before each anniversary of the issue of the licence.
(2) In this section “annual fee” means a fee of such amount as may be prescribed; and “prescribed” means prescribed by regulations made—
(a) in relation to premises licences issued by authorities in England and Wales, by the Secretary of State, and
(b) in relation to premises licences issued by authorities in Scotland, by the Scottish Ministers.
(3) Regulations prescribing the annual fee may, in particular, make different provision for—
(a) licences authorising different classes of activity, or
(b) different circumstances.
(4) The Secretary of State may by regulations—
(a) require a licensing authority to refund a prescribed part of an annual fee paid under this section where a premises licence ceases to have effect otherwise than on or immediately before an anniversary of its issue,
(b) require a licensing authority to refund a prescribed part of an annual fee paid under this section if a premises licence is altered under section 186, 187, 188 or 202 and the annual fee for the licence as altered is less than the annual fee for the licence before alteration, and
(c) require a licensee to pay an additional amount by way of annual fee if a premises licence is altered under section 186, 187, 188 or 202 and the annual fee for the licence as altered is more than the annual fee for the licence before alteration.
(5) In relation to premises licences issued by authorities in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
(6) Subsection (1)(b) does not apply in relation to an anniversary of the issue of a licence on or immediately before which the licence expires in accordance with regulations under section 191(1).
(1) The holder of a premises licence shall—
(a) keep the licence on the premises, and
(b) arrange for the licence to be made available on request to—
(i) a constable,
(ii) an enforcement officer, or
(iii) an authorised local authority officer.
(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) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) If the holder of a premises licence ceases to reside or attend at the address specified in the licence under section 151(1)(b) he shall as soon as is reasonably practicable—
(a) notify the licensing authority, and
(b) inform the licensing authority of a home or business address at which he resides or attends.
(2) The Secretary of State may make regulations requiring the holder of a premises licence—
(a) to notify the licensing authority of any change of circumstance of a prescribed kind in relation to him or to an authorised activity, and
(b) to give the licensing authority prescribed details of the change.
(3) If a change of circumstance notified under or by virtue of this section falsifies information contained in the premises licence in accordance with section 151, the notification must be accompanied by—
(a) the prescribed fee, and
(b) either—
(i) the licence, or
(ii) an application under section 190 for a copy of the licence.
(4) Where notification is accompanied by the licence, the licensing authority shall—
(a) make such alteration to the information contained in the licence as appears to them to be required by the change in circumstance, and
(b) return the licence to the licensee.
(5) Where the notification is accompanied by an application for a copy of the licence, the licensing authority shall, if they grant the application, issue the copy in a form which appears to them to reflect the change in circumstance.
(6) The holder of a premises licence commits an offence if he fails without reasonable excuse to comply with a provision of this section or of regulations made under this section.
(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(8) This section does not prevent the imposition of a requirement to notify the licensing authority of a specified change of circumstance by way of the attachment of a condition to a premises licence.
(9) In subsection (3)(a) “prescribed” means—
(a) in relation to notification given to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to notifications given to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) The holder of a premises licence may apply to the licensing authority to vary the licence by—
(a) adding, amending or removing an authorised activity,
(b) amending another detail of the licence,
(c) excluding a condition attached by virtue of section 168, or
(d) adding, amending or removing a condition attached to the licence under section 169.
(2) A licence may not be varied under this section so as to relate to premises to which it did not previously relate.
(3) The provisions of this Part shall apply in relation to an application for variation as they apply in relation to an application for a premises licence—
(a) subject to the provisions of this section, and
(b) with any other necessary modifications.
(4) Regulations under this Part which relate to an application for a premises licence may make—
(a) provision which applies only in the case of an application for variation;
(b) provision which does not apply in the case of an application for variation;
(c) different provision in relation to an application for variation from that made in relation to an application for a premises licence;
(d) different provision in relation to applications for variations of different kinds.
(5) An application for variation must (in addition to anything required by section 159) be accompanied by a statement of the variation sought.
(6) An application for variation must (in addition to anything required by section 159) also be accompanied by —
(a) the licence to be varied, 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.
(7) In granting an application for variation a licensing authority—
(a) shall specify a time when the variation shall begin to have effect, and
(b) may make transitional provision.
(1) A person may apply to a licensing authority for a premises licence to be transferred to him.
(2) The provisions of this Part shall apply in relation to an application for transfer as they apply in relation to an application for a premises licence—
(a) subject to the provisions of this section and section 189, and
(b) with any other necessary modifications.
(3) An application for transfer must (in addition to anything required by section 159)—
(a) specify the time when the transfer is to take effect, and
(b) be accompanied by a written statement by the licensee consenting to the transfer.
(4) A licensing authority shall grant an application for transfer unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (2) above).
(5) On the grant of an application for the transfer of a premises licence the licensing authority—
(a) shall alter the licence so that the applicant for the transfer becomes the licensee,
(b) shall specify in the licence the time when the transfer takes effect (being either the time specified in the application under subsection (3) above or, if later, 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 (2) above to make new or varied provision for the attachment or exclusion of conditions).
(6) A licence to which a condition is attached under section 169 for the purpose of giving effect to an agreement entered into under paragraph 5(3)(b) of Schedule 9 (“the original agreement”) shall not be transferred unless—
(a) the transferee enters into an agreement (“the new agreement”) which appears to the licensing authority to have substantially the same effect as the original agreement, and
(b) the condition is altered so as to give effect to the new agreement.
(1) If an application for transfer under section 188 states that the applicant has failed to contact the licensee having taken all reasonable steps to do so, the licensing authority shall—
(a) disapply section 188(3)(b) and take all reasonable steps to notify the licensee, or
(b) determine not to disapply section 188(3)(b) and notify the applicant of their determination and the reasons for it.
(2) An application for transfer 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 by the licensee under section 190 for the issue of a copy of the licence.
(3) In relation to an application for transfer to which subsection (1) applies, for the purposes of any application under section 190 required in accordance with subsection (2)(b)(ii) above—
(a) the application under that section shall be made by the applicant for transfer, 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 transfer.
(4) Regulations under section 160, as they have effect in relation to applications for transfer by virtue of section 188(2), may require notice to be given to specified responsible authorities (and not to all responsible authorities).
(5) Section 161 shall have effect in relation to an application for transfer with the omission of the reference to interested parties.
(6) If an application for the transfer of a premises licence includes a request that this subsection apply, the licence shall have effect as if the applicant for transfer were the licensee during the period—
(a) beginning with the receipt of the application for transfer by the licensing authority, and
(b) ending with the determination of the application by the licensing authority.
(1) Where a premises licence issued, or a summary given, under section 164 is lost, stolen or damaged, the licensee may apply to the licensing authority for a copy.
(2) An application under subsection (1) must be accompanied by the prescribed fee.
(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 a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986), or
(d) sequestration of the licensee's estate is awarded under section 22(1) of the Bankruptcy (Scotland) Act 2016 .
(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).