(1) Regulations may—
(a) require applications under any provision of this Part (other than section 87) to be accompanied by a fee, and
(b) prescribe the amount of the fee.
(1A) Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).
(2) Regulations may also require the payment of an annual fee to the relevant licensing authority by or on behalf of a club which holds a club premises certificate.
(3) Regulations under subsection (2) may include provision—
(a) imposing liability for the making of the payment on the secretary or such other officers or members of the club as may be prescribed,
(b) prescribing the amount of any such fee, and
(c) prescribing the time at which any such fee is due.
(4) Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority from any person liable to make the payment by virtue of subsection (3)(a).
92A Suspension of club premises certificate for failing to pay annual fee
(1) A licensing authority must suspend a club premises certificate if the holder of the certificate has failed to pay the authority an annual fee that has become due under section 92(2).
(2) Subsection (1) does not apply if—
(a) either—
(i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or
(ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and
(b) the grace period for payment of the fee has not expired (see subsection (8)).
(3) If a licensing authority suspends a club premises certificate under subsection (1), the authority must give the holder of the certificate a notice to that effect, specifying the day the suspension takes effect.
(4) A day specified in a notice under subsection (3) must be at least 2 working days after the day the authority gives the notice.
(5) If the holder of the certificate pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.
(6) The acknowledgement of receipt under subsection (5) must—
(a) specify the day the authority received the fee (the “receipt day”), and
(b) be given to the holder as soon as is reasonably practicable but in any event—
(i) if the receipt day was a working day, before the end of the first working day after the receipt day,
(ii) otherwise, before the end of the second working day after the receipt day.
(7) A suspension of a club premises certificate under subsection (1)—
(a) takes effect on the day specified in the notice under subsection (3), and
(b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).
(8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.
93 Licensing authority’s duty to update club premises certificate
(1) Where—
(a) the relevant licensing authority, in relation to a club premises certificate, makes a determination or receives a notice under this Part, or
(b) an appeal against a decision under this Part is disposed of,
the relevant licensing authority must make the appropriate amendments (if any) to the certificate and, if necessary, issue a new summary of the certificate.
(2) Where a licensing authority is not in possession of the club premises certificate, it may, for the purpose of discharging its obligations under subsection (1), require the secretary of the club to produce the certificate to the authority within 14 days from the date on which the club is notified of the requirement.
(3) A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) This section applies whenever premises in respect of which a club premises certificate has effect are being used for one or more qualifying club activities authorised by the certificate.
(2) The secretary of the club must secure that the certificate, or a certified copy of it, and a list of any relevant mandatory conditions applicable to the certificate are kept at the premises in the custody or under the control of a person (the “nominated person”) who—
(a) falls within subsection (3),
(b) has been nominated for the purpose by the secretary in writing, and
(c) has been identified to the relevant licensing authority in a notice given by the secretary.
(3) The persons who fall within this subsection are—
(a) the secretary of the club,
(b) any member of the club,
(c) any person who works at the premises for the purposes of the club.
(4) The nominated person must secure that—
(a) the summary of the certificate or a certified copy of that summary, and
(b) a notice specifying the position which he holds at the premises,
are prominently displayed at the premises.
(5) The secretary commits an offence if he fails, without reasonable excuse, to comply with subsection (2).
(6) The nominated person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).
(7) A constable or an authorised person may require the nominated person to produce the club premises certificate (or certified copy or any list of relevant mandatory conditions) for examination.
(8) An authorised person exercising the power conferred by subsection (7) must, if so requested, produce evidence of his authority to exercise the power.
(9) A person commits an offence if he fails, without reasonable excuse, to produce a club premises certificate or certified copy of a club premises certificate or a list of relevant mandatory conditions in accordance with a requirement under subsection (7).
(10) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(11) In subsection (4) the reference to the summary of the certificate is a reference to the summary issued under section 77 or, where one or more summaries have subsequently been issued under section 93, the most recent summary to be so issued.
(12) Section 95 makes provision about certified copies of club premises certificates and of summaries of club premises certificates for the purposes of this section.
(13) In this section “relevant mandatory conditions”, in relation to a club premises certificate, means conditions applicable to the certificate by virtue of section 73A or 73B.
(1) Any reference in section 94 to a certified copy of a document is a reference to a copy of the document which is certified to be a true copy by—
(a) the relevant licensing authority,
(b) a solicitor or notary, or
(c) a person of a prescribed description.
(2) Any certified copy produced in accordance with a requirement under subsection 94(7) must be a copy of the document in the form in which it exists at the time.
(3) A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.
(4) In this section “notary” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).
96 Inspection of premises before grant of certificate etc.
(1) Subsection (2) applies where—
(a) a club applies for a club premises certificate in respect of any premises,
(b) a club applies under section 84 for the variation of a club premises certificate held by it, or
(c) an application is made under section 87 for review of a club premises certificate.
(2) On production of his authority—
(a) an authorised person, or
(b) a constable authorised by the chief officer of police,
may enter and inspect the premises.
(3) Any entry and inspection under this section must take place at a reasonable time on a day—
(a) which is not more than 14 days after the making of the application in question, and
(b) which is specified in the notice required by subsection (4).
(4) Before an authorised person or constable enters and inspects any premises under this section, at least 48 hours' notice must be given to the club.
(5) Any person obstructing an authorised person in the exercise of the power conferred by this section commits an offence.
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(7) The relevant licensing authority may, on the application of a responsible authority, extend by not more than 7 days the time allowed for carrying out an entry and inspection under this section.
(8) The relevant licensing authority may allow such an extension of time only if it appears to the authority that—
(a) reasonable steps had been taken for an authorised person or constable authorised by the applicant to inspect the premises in good time, but
(b) it was not possible for the inspection to take place within the time allowed.
(1) Where a club premises certificate has effect in respect of any premises, a constable may enter and search the premises if he has reasonable cause to believe—
(a) that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs Act 1971 (c. 38) (supplying or offering to supply, or being concerned in supplying or making an offer to supply, a controlled drug) has been, is being, or is about to be, committed there, ...
(aa) that an offence under section 5(1) or (2) of the Psychoactive Substances Act 2016 (supplying, or offering to supply, a psychoactive substance) has been, is being, or is about to be, committed there, or
(b) that there is likely to be a breach of the peace there.
(2) A constable exercising any power conferred by this section may, if necessary, use reasonable force.
(1) A licensable activity is a permitted temporary activity by virtue of this Part if—
(a) it is carried out in accordance with—
(i) a notice given in accordance with section 100, and
(ii) any conditions imposed under section 106A, and
(b) the following conditions are satisfied.
(2) The first condition is that the requirements of section 102 (acknowledgement of notice) are met in relation to the notice.
(3) The second condition is that the notice has not been withdrawn under this Part.
(4) The third condition is that no counter notice has been given under this Part in respect of the notice.
In this Part references to the “relevant licensing authority”, in relation to any premises, are references to—
(a) the licensing authority in whose area the premises are situated, or
(b) where the premises are situated in the areas of two or more licensing authorities, each of those authorities.
In this Part references to a “relevant person”, in relation to any premises, are references to the following—
(a) the chief officer of police for any police area in which the premises are situated,
(b) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health.
(1) Where it is proposed to use premises for one or more licensable activities during a period not exceeding 168 hours, an individual may give to the relevant licensing authority notice of that proposal (a “temporary event notice”).
(2) In this Act, the “premises user”, in relation to a temporary event notice, is the individual who gave the notice.
(3) An individual may not give a temporary event notice unless he is aged 18 or over.
(4) A temporary event notice must be in the prescribed form and contain—
(a) a statement of the matters mentioned in subsection (5),
(b) where subsection (6) applies, a statement of the condition mentioned in that subsection, and
(c) such other information as may be prescribed.
(5) Those matters are—
(a) the licensable activities to which the proposal mentioned in subsection (1) relates (“the relevant licensable activities”),
(b) the period (not exceeding 168 hours) during which it is proposed to use the premises for those activities (“the event period”),
(c) the times during the event period when the premises user proposes that those licensable activities shall take place,
(d) the maximum number of persons (being a number less than 500) which the premises user proposes should, during those times, be allowed on the premises at the same time,
(e) where the relevant licensable activities include the supply of alcohol, whether supplies are proposed to be for consumption on the premises or off the premises, or both, and
(f) such other matters as may be prescribed.
(6) Where the relevant licensable activities include the supply of alcohol, the notice must make it a condition of using the premises for such supplies that all such supplies are made by or under the authority of the premises user.
(7) The temporary event notice—
(a) must be given in accordance with section 100A, and
(b) must be accompanied by the prescribed fee when it is given by the premises user to the relevant licensing authority.
(8) The Secretary of State may, by order—
(a) amend subsections (1) and (5)(b) so as to substitute any period for the period for the time being specified there;
(b) amend subsection (5)(d) so as to substitute any number for the number for the time being specified there.
(9) In this section “supply of alcohol” means—
(a) the sale by retail of alcohol, or
(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.
(1) For the purposes of section 100(7)(a), a temporary event notice must be given in accordance with—
(a) subsection (2), in which case the notice is a “standard temporary event notice”, or
(b) subsection (3), in which case the notice is a “late temporary event notice”.
(2) A temporary event notice is given in accordance with this subsection if, no later than ten working days before the day on which the event period begins,—
(a) it is given to the relevant licensing authority by means of a relevant electronic facility, or
(b) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person.
(3) A temporary event notice is given in accordance with this subsection if—
(a) it is given to the relevant licensing authority by means of a relevant electronic facility no later than five working days, but no earlier than nine working days, before the day the event period begins, or
(b) both of the following are satisfied—
(i) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person no later than five working days before the day on which the event period begins;
(ii) it is given to at least one of those persons no earlier than nine working days before the day on which that event period begins.
(4) Where a temporary event notice (the “original notice”) is given by the premises user to the relevant licensing authority by means of a relevant electronic facility as referred to in subsection (2)(a) or (3)(a)—
(a) the licensing authority must give a copy of the original notice to each relevant person no later than the end of the first working day after the day on which the original notice was given to the authority, and
(b) for the purposes of this Act, the copy is to be treated as if it were the original notice.
(5) In this section “event period” in relation to a temporary event notice means the event period specified in the notice.
(1) A temporary event notice (“notice A”) given by an individual (“the relevant premises user”) is void if the event period specified in it does not—
(a) end at least 24 hours before the event period specified in any other temporary event notice given by the relevant premises user in respect of the same premises before or at the same time as notice A, or
(b) begin at least 24 hours after the event period specified in any other such notice.
(2) For the purposes of subsection (1)—
(a) any temporary event notice in respect of which a counter notice has been given under this Part or which has been withdrawn under section 103 is to be disregarded;
(b) a temporary event notice given by an individual who is an associate of the relevant premises user is to be treated as a notice given by the relevant premises user;
(c) a temporary event notice (“notice B”) given by an individual who is in business with the relevant premises user is to be treated as a notice given by the relevant premises user if—
(i) that business relates to one or more licensable activities, and
(ii) notice A and notice B relate to one or more licensable activities to which the business relates (although not necessarily the same activity or activities);
(d) two temporary event notices are in respect of the same premises if the whole or any part of the premises in respect of which one of the notices is given includes or forms part of the premises in respect of which the other notice is given.
(3) For the purposes of this section an individual is an associate of another person if that individual is—
(a) the spouse or civil partner of that person,
(b) a child, parent, grandchild, grandparent, brother or sister of that person,
(c) an agent or employee of that person, or
(d) the spouse or civil partner of a person within paragraph (b) or (c).
(4) For the purposes of subsection (3) a person living with another as that person’s husband or wife is to be treated as that person’s spouse.
(1) Where a licensing authority receives a temporary event notice in accordance with this Part, it must give written acknowledgement of the receipt of the notice to the premises user—
(a) before the end of the first working day following the day on which it was received, or
(b) if the day on which it was received was not a working day, before the end of the second working day following that day.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subsection (1) does not apply where, before the time by which acknowledgement of the receipt of the notice must be given in accordance with that subsection, a counter notice has been given to the premises user under—
(a) where the counter notice is in respect of a late temporary event notice, section 104A, or
(b) where the counter notice is in respect of a standard temporary event notice or a late temporary event notice, section 107.
(1) A temporary event notice may be withdrawn by the premises user giving the relevant licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the temporary event notice.
(2) Nothing in section 102 or sections 104 to 107 applies in relation to a notice withdrawn in accordance with this section.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a relevant person who is given a temporary event notice is satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective, the relevant person must give a notice stating the reasons for being so satisfied (an “objection notice”)—
(a) to the relevant licensing authority,
(b) to the premises user, and
(c) to every other relevant person.
(3) The objection notice must be given before the end of the third working day following the day on which the relevant person is given the temporary event notice.
(4) Subsection (2) does not apply at any time after the relevant person has received a copy of a counter notice under section 107 in respect of the temporary event notice.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
104A Counter notice following objection to late notice
(1) Where an objection notice is given under section 104(2) in respect of a late temporary event notice, the relevant licensing authority must give the premises user a counter notice under this section.
(2) The counter notice must—
(a) be in the prescribed form, and
(b) be given to the premises user in the prescribed manner.
(3) The relevant licensing authority must, no later than 24 hours before the beginning of the event period specified in the temporary event notice—
(a) give the counter notice to the premises user, and
(b) give a copy of the counter notice to each relevant person.
105 Counter notice following ... objection to standard temporary event notice
(1) This section applies where an objection notice is given under section 104(2) in respect of a standard temporary event notice.
(2) The relevant licensing authority must—
(a) hold a hearing to consider the objection notice, unless the premises user, the relevant person who gave the objection notice and the authority agree that a hearing is unnecessary, and
(b) having regard to the objection notice, give the premises user a counter notice under this section if it considers it appropriate for the promotion of a licensing objective to do so.
(3) The relevant licensing authority must—
(a) in a case where it decides not to give a counter notice under this section, give the premises user and each relevant person notice of the decision, and
(b) in any other case—
(i) give the premises user the counter notice and a notice stating the reasons for its decision, and
(ii) give each relevant person a copy of both of those notices.
(4) A decision must be made under subsection (2)(b), and the requirements of subsection (3) must be met, at least 24 hours before the beginning of the event period specified in the temporary event notice.
(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by this section must be exercised by those authorities jointly.
(6) This section does not apply—
(a) if the objection notice has been withdrawn (whether by virtue of section 106 or otherwise), or
(b) if the premises user has been given a counter notice under section 107.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106 Modification of standard temporary event notice following ... objection
(1) This section applies where a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice (and the objection notice has not been withdrawn).
(2) At any time before a hearing is held or dispensed with under section 105(2), the relevant person may, with the agreement of the premises user and each other relevant person, modify the temporary event notice by making changes to it.
(3) Where a temporary event notice is modified under subsection (2)—
(a) the objection notice is to be treated for the purposes of this Act as having been withdrawn from the time the temporary event notice is modified, and
(b) from that time—
(i) this Act has effect as if the temporary event notice given under section 100 had been the notice as modified under that subsection, and
(ii) to the extent that the conditions of section 98 are satisfied in relation to the unmodified notice they are to be treated as satisfied in relation to the notice as modified under that subsection.
(4) A copy of the temporary event notice as modified under subsection (2) must be sent or delivered by the relevant person to the relevant licensing authority before a hearing is held or dispensed with under section 105(2).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) This section does not apply if a counter notice has been given under section 107.
(7) In this section “objection notice” has the same meaning as in section 104(2).
106A Conditions on standard temporary event notice following objection
(1) This section applies where—
(a) a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice,
(b) the objection notice has not been withdrawn, and
(c) the relevant licensing authority has decided under section 105 not to give a counter notice under that section.
(2) The relevant licensing authority may impose one or more conditions on the standard temporary event notice if—
(a) the authority considers it appropriate for the promotion of the licensing objectives to do so,
(b) the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and
(c) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.
(3) Where the authority decides to impose one or more conditions under subsection (2)—
(a) the authority must give the premises user notice of the decision,
(b) the notice must be accompanied by a separate statement (the “statement of conditions”) which sets out the conditions that have been imposed on the temporary event notice, and
(c) a copy of the notice and statement of conditions must be given to each relevant party.
(4) The notice and statement of conditions under subsection (3) must—
(a) be in the prescribed form,
(b) be given to the premises user in the prescribed manner, and
(c) be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.
(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.
107 Counter notice where permitted limits exceeded
(1) Where a licensing authority—
(a) receives a temporary event notice (“notice A”) in respect of any premises (“the relevant premises”), and
(b) is satisfied that subsection (2), (3), (4) or (5) applies,
the authority must give the premises user (“the relevant premises user”) a counter notice under this section.
(2) This subsection applies if the relevant premises user—
(a) holds a personal licence, and
(b) has already given at least—
(i) 50 temporary event notices, or
(ii) ten late temporary event notices,
in respect of event periods wholly or partly within the same year as the event period specified in notice A.
(3) This subsection applies if the relevant premises user—
(a) does not hold a personal licence, and
(b) has already given at least—
(i) five temporary event notices, or
(ii) two late temporary event notices,
in respect of event periods wholly or partly within the same year as the event period specified in notice A.
(4) This subsection applies if at least 15 temporary event notices , or, in relation to event periods occurring wholly or partly in 2022 or 2023, at least 20 temporary event notices have already been given which—
(a) are in respect of the same premises as notice A, and
(b) specify as the event period a period wholly or partly within the same year as the event period specified in notice A.
(5) This subsection applies if, in any year in which the event period specified in notice A (or any part of it) falls, more than 21 days , or, in relation to event periods (or any part of those periods) occurring in 2022 or 2023, more than 26 days are days on which one or more of the following fall—
(a) that event period or any part of it,
(b) an event period specified in a temporary event notice already given in respect of the same premises as notice A or any part of such a period.
(6) If the event period in notice A straddles two years, subsections (2), (3) and (4) apply separately in relation to each of those years.
(7) A counter notice under this section must be in the prescribed form and given to the premises user in the prescribed manner.
(8) No such counter notice may be given later than 24 hours before the beginning of the event period specified in notice A.
(9) In determining whether subsection (2), (3), (4) or (5) applies, any temporary event notice in respect of which a counter notice has been given under this section or section 105 is to be disregarded.
(10) In determining for the purposes of subsection (2) or (3) the number of temporary event notices given by the relevant premises user—
(a) a temporary event notice given by an individual who is an associate of the relevant premises user is to be treated as a notice given by the relevant premises user;
(b) a temporary event notice (“notice B”) given by an individual who is in business with the relevant premises user is to be treated as a notice given by the relevant premises user if—
(i) that business relates to one or more licensable activities, and
(ii) notice A and notice B relate to one or more licensable activities to which the business relates (but not necessarily the same activity or activities).
(11) Where a licensing authority gives a counter notice under this section it must, forthwith, send a copy of that notice to each relevant person.
(12) The Secretary of State may, by order, amend subsection (2)(b), (3)(b), (4) or (5) so as to substitute any number for the number for the time being specified there.
(13) For the purposes of this section—
(a) a temporary event notice is in respect of the same premises as notice A if it is in respect of the whole or any part of the relevant premises or premises which include the whole or any part of those premises,
(b) “year” means calendar year,
(c) “day” means a period of 24 hours beginning at midnight, and
(d) subsections (3) and (4) of section 101 (meaning of “associate”) apply as they apply for the purposes of that section.
108 Right of entry where temporary event notice given
(1) A constable or an authorised officer may, at any reasonable time, enter the premises to which a temporary event notice relates to assess the likely effect of the notice on the promotion of the crime prevention objective.
(2) An authorised officer exercising the power conferred by this section must, if so requested, produce evidence of his authority to exercise the power.
(3) A person commits an offence if he intentionally obstructs an authorised officer exercising a power conferred by this section.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5) In this section “authorised officer” means—
(a) an officer of the licensing authority in whose area the premises are situated, or
(b) if the premises are situated in the area of more than one licensing authority, an officer of any of those authorities,
authorised for the purposes of this Act.
109 Duty to keep and produce temporary event notice and statement of conditions
(1) This section applies whenever premises are being used for one or more licensable activities which are or are purported to be permitted temporary activities by virtue of this Part.
(2) The premises user must either—
(a) secure that a copy of the temporary event notice , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice is prominently displayed at the premises, or
(b) meet the requirements of subsection (3).
(3) The requirements of this subsection are that the premises user must—
(a) secure that the temporary event notice , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice is kept at the premises in—
(i) his custody, or
(ii) in the custody of a person who is present and working at the premises and whom he has nominated for the purposes of this section, and
(b) where the temporary event notice and any statement of conditions are in the custody of a person so nominated, secure that a notice specifying that fact and the position held at the premises by that person is prominently displayed at the premises.
(4) The premises user commits an offence if he fails, without reasonable excuse, to comply with subsection (2).
(5) Where—
(a) the temporary event notice or any statement of conditions is not displayed as mentioned in subsection (2)(a), and
(b) no notice is displayed as mentioned in subsection (3)(b),
a constable or authorised officer may require the premises user to produce the temporary event notice or statement of conditions for examination.
(6) Where a notice is displayed as mentioned in subsection (3)(b), a constable or authorised officer may require the person specified in that notice to produce the temporary event notice or statement of conditions for examination.
(7) An authorised officer exercising the power conferred by subsection (5) or (6) must, if so requested, produce evidence of his authority to exercise the power.
(8) A person commits an offence if he fails, without reasonable excuse, to produce a temporary event notice or statement of conditions in accordance with a requirement under subsection (5) or (6).
(9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(10) In this section “authorised officer” has the meaning given in section 108(5).
110 Theft, loss, etc. of temporary event notice or statement of conditions
(1) Where a temporary event notice acknowledged under section 102 is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which acknowledged the notice (or, if there is more than one such authority, any of them) for a copy of the notice.
(1A) Where a statement of conditions that is given under section 106A(3) is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which gave the statement for a copy of the statement.
(2) No application may be made under this section more than one month after the end of the event period specified in the notice.
(3) The application must be accompanied by the prescribed fee.
(4) Where a licensing authority receives an application under this section, it must issue the premises user with a copy of the notice or statement (certified by the authority to be a true copy) if it is satisfied that—
(a) the notice or statement has been lost, stolen, damaged or destroyed, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The copy issued under this section must be a copy of the notice or statement in the form it existed immediately before it was lost, stolen, damaged or destroyed.
(6) This Act applies in relation to a copy issued under this section as it applies in relation to an original notice or statement.
(1) In this Act “personal licence” means a licence which—
(a) is granted by a licensing authority to an individual, and
(b) authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence.
(2) In subsection (1)(b) the reference to an individual supplying alcohol is to him—
(a) selling alcohol by retail, or
(b) supplying alcohol by or on behalf of a club to, or to the order of, a member of the club.
For the purposes of this Part the “relevant licensing authority”, in relation to a personal licence, is the licensing authority which granted the licence.
113 Meaning of “relevant offence”, “immigration offence”, “foreign offence” and “immigration penalty”
(1) In this Part “relevant offence” means an offence listed in Schedule 4.
(2) The Secretary of State may by order amend that list so as to add, modify or omit any entry.
(2A) In this Part “immigration offence” means—
(a) an offence referred to in paragraph 7A of Schedule 4, or
(b) an offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.
(3) In this Part “foreign offence” means an offence (other than a relevant offence) under the law of any place outside England and Wales.
(4) In this Part “immigration penalty” means a penalty under—
(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or
(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).
(5) For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 15(3) of that Act, or
(b) the penalty is cancelled by virtue of section 16 or 17 of that Act.
(6) For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and
(b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.
(7) For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 24 of that Act, or
(b) the penalty is cancelled by virtue of section 29 or 30 of that Act.
(8) For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and
(b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.
For the purposes of this Part a conviction for a relevant offence or a foreign offence must be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53).
(1) A personal licence has effect indefinitely.
(2) Subsection (1) is subject to subsections (2A), (3) and (4) and to—
(a) section 116 (surrender),
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) A personal licence ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.
(3) A personal licence ceases to have effect when it is revoked under section 124 or forfeited under section 129.
(4) And a personal licence does not have effect during any period when it is suspended under section 129.
(5) Subsections (3) and (4) are subject to any court order under sections 129(4) or 130.
(1) Where the holder of a personal licence wishes to surrender his licence he may give the relevant licensing authority a notice to that effect.
(2) The notice must be accompanied by the personal licence or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.
(3) Where a notice of surrender is given in accordance with this section, the personal licence lapses on receipt of the notice by the authority.
118 Individual permitted to hold only one personal licence
(1) An individual who makes an application for the grant of a personal licence under section 117 (“the initial application”) may not make another such application until the initial application has been determined by the licensing authority to which it was made or has been withdrawn.
(2) A personal licence is void if, at the time it is granted, the individual to whom it is granted already holds a personal licence.
(1) This section applies where an application for the grant of a personal licence is made to a licensing authority in accordance with section 117.
(2) The authority must grant the licence if it appears to it that—
(a) the applicant is aged 18 or over,
(aa) he is entitled to work in the United Kingdom,
(b) he possesses a licensing qualification or is a person of a prescribed description,
(c) no personal licence held by him has been forfeited in the period of five years ending with the day the application was made, and
(d) he has not been convicted of any relevant offence or any foreign offence or required to pay an immigration penalty.
(3) The authority must reject the application if it appears to it that the applicant fails to meet the condition in any of paragraphs (a) to (c) of subsection (2).
(4) If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of that subsection but fails to meet the condition in paragraph (d) of that subsection, the authority must give the chief officer of police for its area a notice to that effect.
(5) Where, having regard to—
(a) any conviction of the applicant for a relevant offence, ...
(b) any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence, and
(c) the applicant having been required to pay any immigration penalty,
the chief officer of police is satisfied that granting the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (4), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).
(5A) If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been—
(a) convicted of an immigration offence,
(b) convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or
(c) required to pay an immigration penalty,
the authority must give the Secretary of State a notice to that effect.
(5B) Where, having regard to—
(a) any conviction of the applicant for an immigration offence,
(b) any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and
(c) the applicant having been required to pay any immigration penalty,
the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).
(6) Where no objection notice or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn,, the authority must grant the application.
(7) Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn, the authority—
(a) must hold a hearing to consider the ... notice, unless the applicant, the person who gave the notice and the authority agree that it is unnecessary, and
(b) having regard to the notice, must—
(i) where the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or
(ii) where the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.
(7A) An application that is not rejected by the authority under subsection (7)(b) must be granted by it.
(8) In this section “licensing qualification” means—
(a) a qualification—
(i) accredited at the time of its award, and
(ii) awarded by a body accredited at that time,
(b) a qualification awarded before the coming into force of this section which the Secretary of State certifies is to be treated for the purposes of this section as if it were a qualification within paragraph (a), or
(c) a qualification obtained in Scotland or Northern Ireland or in an EEA State ... which is equivalent to a qualification within paragraph (a) or (b).
(9) For this purpose—
“accredited” means accredited by the Secretary of State; and
“EEA State” means a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.
(1) Where a licensing authority grants an application—
(a) it must give the applicant and the chief officer of police for its area a notice to that effect, and
(b) if the chief officer of police gave an objection notice or the Secretary of State gave an immigration objection notice (which , in either case, was not withdrawn), the notice under paragraph (a) must contain a statement of the licensing authority’s reasons for granting the application.
(2) A licensing authority which rejects an application must give the applicant and the chief officer of police for its area a notice to that effect containing a statement of the authority’s reasons for rejecting the application.
(2A) Where the Secretary of State gave an immigration objection notice (which was not withdrawn) the notice under subsection (1)(a) or (2), as the case may be, must also be given to the Secretary of State.
(3) In this section—
“application” means an application for the grant ... of a personal licence; and
“objection notice” and “immigration objection notice” have the meaning given in section 120 ....
123 Duty to notify licensing authority of convictions etc during application period
(1) Where an applicant for the grant ... of a personal licence is convicted of a relevant offence or a foreign offence during the application period, or is required to pay an immigration penalty during that period, he must as soon as reasonably practicable notify the conviction or the requirement to pay (as the case may be) to the authority to which the application is made.
(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 this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) In this section “the application period” means the period that—
(a) begins when the application for grant ... is made, and
(b) ends when the application is determined or withdrawn.
(1) This section applies where, after a licensing authority has granted ... a personal licence, it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of a personal licence (“the licence holder”) was convicted during the application period of any relevant offence or foreign offence or was required during that period to pay an immigration penalty.
(2) The licensing authority must give a notice to that effect to the chief officer of police for its area.
(3) Where, having regard to—
(a) any conviction of the licence holder for a relevant offence which occurred before the end of the application period,
(b) any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence and which occurred before the end of the application period, and
(c) the licence holder having been required before the end of the application period to pay any immigration penalty,
... the chief officer of police is satisfied that continuation of the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (2), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).
(3A) Where the licence holder was (during the application period)—
(a) convicted of an immigration offence,
(b) convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or
(c) required to pay an immigration penalty,
the authority must give the Secretary of State a notice to that effect.
(3B) Where, having regard to—
(a) any conviction of the licence holder for an immigration offence which occurred before the end of the application period,
(b) any conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, and
(c) the licence holder having been required before the end of the application period to pay any immigration penalty,
the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).
(4) Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be, (and not withdrawn), the authority—
(a) must hold a hearing to consider the ... notice, unless the licence holder, the person who gave the notice and the authority agree it is unnecessary, and
(b) having regard to the notice, must —
(i) where the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, or
(ii) where the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.
(5) Where the authority revokes or decides not to revoke a licence under subsection (4) it must notify the offender and the chief officer of police of the decision and its reasons for making it.
(5A) Where the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.
(6) A decision under this section does not have effect—
(a) until the end of the period given for appealing against the decision, or
(b) if the decision is appealed against, until the appeal is disposed of.
(7) In this section “application period”, in relation to the grant ... of a personal licence, means the period that—
(a) begins when the application for the grant ... is made, and
(b) ends at the time of the grant ....
(1) Where a licensing authority grants a personal licence, it must forthwith issue the applicant with the licence.
(2) The licence must—
(a) specify the holder’s name and address, and
(b) identify the licensing authority which granted it.
(3) It must also contain a record of—
(a) each relevant offence and each foreign offence of which the holder has been convicted, the date of each conviction and the sentence imposed in respect of it,
(b) each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.
(4) Subject to subsections (2) and (3), the licence must be in the prescribed form.
(1) Where a personal licence is lost, stolen, damaged or destroyed, the holder of the licence may apply to the relevant licensing authority for a copy of the licence.
(2) Subsection (1) is subject to regulations under section 133(2) (power to prescribe fee to accompany application).
(3) Where the relevant licensing authority receives an application under this section, it must issue the licence holder with a copy of the licence (certified by the authority to be a true copy) if it is satisfied that—
(a) the licence has been lost, stolen, damaged or destroyed, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The copy issued under this section must be a copy of the licence in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.
(5) This Act applies in relation to a copy issued under this section as it applies in relation to an original licence.