32 Restriction on representations following provisional statement
(1) This section applies where a provisional statement has been issued in respect of any premises (“the relevant premises”) and a person subsequently applies for a premises licence in respect of—
(a) the relevant premises or a part of them, or
(b) premises that are substantially the same as the relevant premises or a part of them.
(2) Where—
(a) the application for the premises licence is an application for a licence in the same form as the licence described in the application for the provisional statement, and
(b) the work described in the schedule of works accompanying the application for that statement has been satisfactorily completed,
representations made by a person (“the relevant person”) in respect of the application for the premises licence are excluded representations for the purposes of section 18(6)(d) if subsection (3) applies.
(3) This subsection applies if—
(a) given the information provided in the application for the provisional statement, the relevant person could have made the same, or substantially the same, representations about that application but failed to do so, without reasonable excuse, and
(b) there has been no material change in circumstances relating either to the relevant premises or to the area in the vicinity of those premises since the provisional statement was made.
(1) The holder of a premises licence must, as soon as is reasonably practicable, notify the relevant licensing authority of any change in—
(a) his name or address,
(b) unless the designated premises supervisor has already notified the authority under subsection (4), the name or address of that supervisor.
(2) Subsection (1) is subject to regulations under section 55(1) (fee to accompany application).
(3) A notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to produce the licence (or part).
(4) Where the designated premises supervisor under a premises licence is not the holder of the licence, he may notify the relevant licensing authority under this subsection of any change in his name or address.
(5) Where the designated premises supervisor gives a notice under subsection (4), he must, as soon as is reasonably practicable, give the holder of the premises licence a copy of that notice.
(6) A person commits an offence if he fails, without reasonable excuse, to comply with this section.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) The holder of a premises licence may apply to the relevant licensing authority for variation of the licence.
(2) Subsection (1) is subject to regulations under—
(a) section 54 (form etc. of applications etc.);
(b) section 55 (fees to accompany applications etc.).
(3) An application under this section must also be accompanied by the premises licence (or the appropriate part of that licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).
(4) This section does not apply to an application within section 37(1) (application to vary licence to specify individual as premises supervisor).
(5) The functions of the Secretary of State under subsections (5) and (6) of section 17 (advertisements etc. of application) apply in relation to applications under this section as they apply in relation to applications under that section.
34A Applications to vary of potential strategic importance: Greater London
(1) A London licensing authority must as soon as possible give notice to the Greater London Authority of any application made to it under section 34 that is a relevant application.
(2) A “relevant application” is an application to vary a premises licence in Greater London where the premises are, or would after the variation be, used for one or more of the following activities—
(a) the sale by retail of alcohol;
(b) the provision of regulated entertainment;
(c) the provision of late night refreshment.
(3) The Greater London Authority must give notice to each interested party if the Authority considers that the relevant application is an application to vary of potential strategic importance to Greater London.
(4) On receipt of a notice under subsection (3), the London licensing authority must as soon as reasonably practicable advertise the determination of the Greater London Authority.
(5) The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (4) must be made.
(6) For the purposes of subsection (3) “application to vary of potential strategic importance to Greater London” is to be interpreted in accordance with regulations made by the Secretary of State.
(7) In this section, an “interested party” in relation to an application means—
(a) the London licensing authority that the application was made to;
(b) the applicant;
(c) each responsible authority in relation to the premises to which the application relates.
(1) This section applies where the relevant licensing authority—
(a) receives an application, made in accordance with section 34, to vary a premises licence, and
(b) is satisfied that the applicant has complied with any requirement imposed on him by virtue of subsection (5) of that section.
(2) Subject to subsection (3) and section 36(6), the authority must grant the application.
(3) Where relevant representations are made, the authority must—
(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and
(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers appropriate for the promotion of the licensing objectives.
(4) The steps are—
(a) to modify the conditions of the licence;
(b) to reject the whole or part of the application;
and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.
(5) In this section “relevant representations” means representations which—
(a) are about the likely effect of the grant of the application on the promotion of the licensing objectives, and
(b) meet the requirements of subsection (6).
(6) The requirements are—
(a) that the representations are made by a responsible authority or other person within the period prescribed under section 17(5)(c) by virtue of section 34(5),
(b) that they have not been withdrawn, and
(c) in the case of representations made by a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(7) Subsections (2) and (3) are subject to sections 19 to 21(which require certain conditions to be included in premises licences).
(8) Where a London licensing authority is to hold a hearing in accordance with subsection (3) in relation to an application to vary of potential strategic importance to Greater London, the authority must give to the Greater London Authority—
(a) in advance of the hearing, specified information relating to the hearing within the specified period;
(b) following the hearing, specified information relating to the hearing within the specified period.
(9) In this section—
“application to vary of potential strategic importance to Greater London” means an application to vary a premises licence that has been notified to the London licensing authority by the Greater London Authority under section 34A(3);
“specified” means specified in regulations made by the Secretary of State.
36 Supplementary provision about determinations under section 35
(1) Where an application (or any part of an application) is granted under section 35, the relevant licensing authority must forthwith give a notice to that effect to—
(a) the applicant,
(b) any person who made relevant representations in respect of the application, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(2) Where relevant representations were made in respect of the application, the notice under subsection (1) must state the authority’s reasons for its decision as to the steps (if any) to take under section 35(3)(b).
(3) The notice under subsection (1) must specify the time when the variation in question takes effect.
That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.
(4) Where an application (or any part of an application) is rejected under section 35, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to—
(a) the applicant,
(b) any person who made relevant representations in respect of the application, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(5) Where the relevant licensing authority determines for the purposes of section 35(6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
(6) A licence may not be varied under section 35 so as—
(a) to extend the period for which the licence has effect, or
(b) to vary substantially the premises to which it relates.
(7) In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a premises licence so that it has effect subject to different conditions in respect of—
(a) different parts of the premises concerned;
(b) different licensable activities.
(8) In this section “relevant representations” has the meaning given in section 35(5).
37 Application to vary licence to specify individual as premises supervisor
(1) The holder of a premises licence may—
(a) if the licence authorises the supply of alcohol, or
(b) if he has applied under section 34 to vary the licence so that it authorises such supplies,
apply to vary the licence so as to specify the individual named in the application (“the proposed individual”) as the premises supervisor.
(2) Subsection (1) is subject to regulations under—
(a) section 54 (form etc. of applications etc.);
(b) section 55 (fees to accompany applications etc.).
(3) An application under this section must also be accompanied by—
(a) a form of consent in the prescribed form given by the proposed individual, and
(b) the premises licence (or the appropriate part of that licence) or, if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).
(4) Notice of an application under this section must be given—
(a) to the chief officer of police for the police area (or each police area) in which the premises are situated, and
(b) to the designated premises supervisor (if there is one),
and that notice must state whether the application is one to which section 38 applies.
(4A) Notice under subsection (4)(a) is to be given by—
(a) the relevant licensing authority, in a case where the holder of the premises licence submitted the application to the relevant licensing authority by means of a relevant electronic facility;
(b) the holder of the premises licence, in any other case.
(4B) Notice under subsection (4)(b) is to be given by the holder of the premises licence.
(5) Where a chief officer of police notified under subsection (4) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.
(6) The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (4).
38 Circumstances in which section 37 application given interim effect
(1) This section applies where an application made in accordance with section 37, in respect of a premises licence which authorises the supply of alcohol, includes a request that the variation applied for should have immediate effect.
(2) By virtue of this section, the premises licence has effect during the application period as if it were varied in the manner set out in the application.
(3) For this purpose “the application period” means the period which—
(a) begins when the application is received by the relevant licensing authority, and
(b) ends—
(i) if the application is granted, when the variation takes effect,
(ii) if the application is rejected, at the time the rejection is notified to the applicant, or
(iii) if the application is withdrawn before it is determined, at the time of the withdrawal.
(1) This section applies where an application is made, in accordance with section 37, to vary a premises licence so as to specify a new premises supervisor (“the proposed individual”).
(2) Subject to subsection (3), the relevant licensing authority must grant the application.
(3) Where a notice is given under section 37(5) (and not withdrawn), the authority must—
(a) hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and
(b) having regard to the notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so.
(4) Where an application under section 37 is granted or rejected, the relevant licensing authority must give a notice to that effect to—
(a) the applicant,
(b) the proposed individual, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(5) Where a chief officer of police gave a notice under subsection (5) of that section (and it was not withdrawn), the notice under subsection (4) of this section must state the authority’s reasons for granting or rejecting the application.
(6) Where the application is granted, the notice under subsection (4) must specify the time when the variation takes effect.
That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.
40 Duty of applicant following determination under section 39
(1) Where the holder of a premises licence is notified under section 39(4), he must forthwith—
(a) if his application has been granted, notify the person (if any) who has been replaced as the designated premises supervisor of the variation, and
(b) if his application has been rejected, give the designated premises supervisor (if any) notice to that effect.
(2) A person commits an offence if he fails, without reasonable excuse, to comply with subsection (1).
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
41 Request to be removed as designated premises supervisor
(1) Where an individual wishes to cease being the designated premises supervisor in respect of a premises licence, he may give the relevant licensing authority a notice to that effect.
(2) Subsection (1) is subject to regulations under section 54 (form etc. of notices etc.).
(3) Where the individual is the holder of the premises licence, the notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).
(4) In any other case, the individual must no later than 48 hours after giving the notice under subsection (1) give the holder of the premises licence—
(a) a copy of that notice, and
(b) a notice directing the holder to send to the relevant licensing authority within 14 days of receiving the notice—
(i) the premises licence (or the appropriate part of the licence), or
(ii) if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).
(5) A person commits an offence if he fails, without reasonable excuse, to comply with a direction given to him under subsection (4)(b).
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where an individual—
(a) gives the relevant licensing authority a notice in accordance with this section, and
(b) satisfies the requirements of subsection (3) or (4),
he is to be treated for the purposes of this Act as if, from the relevant time, he were not the designated premises supervisor.
(8) For this purpose “the relevant time” means—
(a) the time the notice under subsection (1) is received by the relevant licensing authority, or
(b) if later, the time specified in the notice.
41ZA Power of the Mayor of London to determine applications to vary
(1) This section applies where, on an application to vary of potential strategic importance to Greater London, a London licensing authority—
(a) grants an application to vary a premises licence in whole under section 35 and modifies the conditions of the licence under subsection (4)(a) of that section,
(b) rejects an application to vary a premises licence in whole under section 35(4)(b), or
(c) rejects an application to vary a premises licence in part under section 35(4)(b) and grants the other part (whether with or without modifying the conditions of the licence).
(2) The London licensing authority must as soon as possible give notice to the applicant and the Greater London Authority of—
(a) its decision to grant the application in whole and modify the conditions of the licence and the reasons for doing so (including the detail of the modifications made),
(b) its decision to reject the application in whole and the reasons for doing so, or
(c) its decision to reject part of the application and to grant the other part with or without modifying the conditions of the licence, and the reasons for doing so (including the detail of any modifications made).
(3) But the decision of the London licensing authority in relation to the application does not otherwise have effect unless and until—
(a) the Mayor of London gives notice under subsection (8) of a decision under subsection (7)(b), or
(b) the obligations on the Mayor of London under subsection (7) of this section or section 41ZB cease to apply (see section 41ZC).
(4) Accordingly, the London licensing authority must not take any steps under this Act in relation to the decision (including taking steps under section 56) unless and until the circumstances in subsection (3)(a) or (b) apply.
(5) Where the decision of the London licensing authority has effect by virtue of subsection (3)(b), that decision is to take effect as subject to the intervening decision made by the authority in relation to the licence (see section 41ZC(2)(a)).
(6) For the purpose of supplementing subsection (5), the Secretary of State may by regulations make provision modifying any provision of this Act as it applies to a decision of the London licensing authority that has effect by virtue of subsection (3)(b).
(7) The Mayor of London must by the end of the specified period decide—
(a) to give a direction to the London licensing authority in relation to the application (see section 41ZB), or
(b) that the decision of the London licensing authority in relation to the application has effect for the purposes of this Act (and, accordingly, any requirements in relation to that decision now apply).
(8) The Mayor of London must give notice of the Mayor’s decision under subsection (7) to—
(a) each interested party;
(b) any person who made relevant representations in relation to the application under section 35.
(9) On receipt of a notice under subsection (8), the London licensing authority must as soon as reasonably practicable advertise the decision of the Mayor.
(10) The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (9) must be made.
(11) In this section—
“application to vary of potential strategic importance to Greater London” means an application to vary a premises licence that has been notified to the London licensing authority by the Greater London Authority under section 34A(3) as being of potential strategic importance to Greater London;
“interested party” has the same meaning as in section 34A;
“specified” means specified in regulations made by the Secretary of State.
(1) Where section 41ZA(7)(a) applies the Mayor of London must direct the London licensing authority—
(a) to grant the application in whole with or without such permitted modifications to the conditions of the licence as may be specified in the direction,
(b) to reject the application in whole, or
(c) to grant part of the application with or without such permitted modifications to the conditions of the licence as may be specified in the direction (and to reject the other part of the application).
(2) The Mayor may only give a direction to the London licensing authority under subsection (1)(b) or (c) to reject the application in whole or in part if the application, or that part of the application, was rejected by the authority under section 35(4)(b).
(3) The London licensing authority must grant or reject the application in accordance with the direction given under subsection (1).
(4) Subsection (1)(a) and (c) are subject to sections 19 to 21 (which require certain conditions to be included in premises licences).
(5) A direction under this section may not require a licence to be varied so as—
(a) to extend the period for which the licence has effect, or
(b) to vary substantially the premises to which it relates.
(6) Directions given under subsection (1)(a) or (c) may have the effect of requiring a premises licence to be varied so as to have effect subject to different conditions in respect of—
(a) different parts of the premises concerned;
(b) different licensable activities.
(7) When giving a direction under this section the Mayor must have regard to—
(a) the licensing policy statement published by the Mayor under section 8A, and
(b) the importance of promoting the licensing objectives.
(8) A direction under this section must state the Mayor’s reasons for giving that direction.
(9) For the purposes of subsection (1)(a) and (c), the conditions are modified if any of them is altered or omitted or any new condition is added.
(10) For the purposes of subsection (1)(a) or (c), a modification to a condition is “permitted” if—
(a) the condition was modified by the London licensing authority when granting the application in whole or in part under section 35(4)(a), and the modification is—
(i) the same as that modification, or
(ii) in the Mayor’s opinion less restrictive than that modification (but see subsection (11)), or
(b) the condition relates to an application, or part of an application, that was rejected by the London licensing authority under subsection 35(4)(b).
(11) The Mayor may not make a modification to a condition under subsection (10)(a)(ii) if the effect of the modification would be that the condition would apply to a different part of the premises, or to different licensable activities, than that it applied to as modified by the London licensing authority under section 35(4)(a).
41ZC Intervening decision by a London licensing authority
(1) The obligations on the Mayor of London under section 41ZA(7) or 41ZB in relation to an application to vary of potential strategic importance to Greater London cease to apply if the conditions in subsection (2) are met in relation to the obligation in question.
(2) The conditions in this subsection are met if—
(a) the London licensing authority that made the decision under section 35 in relation to the application to vary the premises licence has, before the relevant time, made an intervening decision in relation to the licence, and
(b) the authority has given notice of that decision to the Mayor of London.
(3) In this section, an “intervening decision” means a decision—
(a) to take any of the steps under section 52(4) on an application for review of the licence;
(b) to take any of the steps under section 53C(3) on an application by a senior police officer for review of the licence;
(c) to take any of the steps under section 167(6) on a review of the licence following a closure order.
(4) The “relevant time” for the purposes of subsection (2)(a)—
(a) in relation to the obligation to make a decision under section 41ZA(7), is the time at which the Mayor makes the decision,
(b) in relation to an obligation to give a direction under section 41ZB, is the time at which the direction is given.
41ZD Notification by the London licensing authority
(1) A London licensing authority that grants an application (or any part of an application) on a direction under section 41ZB must as soon as possible give notice to that effect to—
(a) the applicant,
(b) each responsible authority in relation to the premises to which the application relates,
(c) any person who made relevant representations under section 35 in respect of the application, and
(d) the chief officer of police for the police area (or each police area) in which the premises are situated.
(2) The notice under subsection (1) must—
(a) specify the time when any variation takes effect, and
(b) specify any modifications to conditions of the licence.
(3) The time for the purposes of subsection (2) is the time specified in the application or, if that time is before the applicant is given notice under this section, such later time as the London licensing authority specifies in the notice.
(4) A London licensing authority that rejects an application (or any part of an application) on a direction under section 41ZB must as soon as possible give notice to that effect to—
(a) the applicant,
(b) each responsible authority in relation to the premises to which the application relates,
(c) any person who made relevant representations under section 35 in respect of the application, and
(d) the chief officer of police for the police area (or each police area) in which the premises are situated.
(5) A notice under subsection (1) or (4) must state the Mayor’s reasons for giving the direction as notified to the London licensing authority under section 41ZB(8).
41A Application for minor variation of premises licence
(1) Subject to subsection (3), the holder of a premises licence may apply under this section (instead of under section 34) to the relevant licensing authority for variation of the licence.
(2) Subsection (1) is subject to regulations under—
(a) section 54 (form etc. of applications etc.);
(b) section 55 (fees to accompany applications etc.).
(3) An application may not be made under this section to vary a premises licence so as to—
(a) extend the period for which it has effect,
(b) vary substantially the premises to which it relates,
(c) specify an individual as the premises supervisor,
(d) add the supply of alcohol as an activity authorised by the licence,
(e) authorise—
(i) the supply of alcohol at any time between 11pm and 7am, or
(ii) an increase in the amount of time on any day during which alcohol may be sold by retail or supplied, or
(f) include the alternative licence condition referred to in section 41D(3).
(4) The duty to make regulations imposed on the Secretary of State by subsection (5)(a) of section 17 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.
41B Determination of application under section 41A
(1) This section applies where the relevant licensing authority receives an application made under section 41A.
(2) In determining the application the authority must—
(a) consult such of the responsible authorities as it considers appropriate, and
(b) take into account any relevant representations—
(i) made by those authorities, or
(ii) made by any other person and received by the authority within ten working days beginning on the initial day.
(3) If the authority considers that—
(a) the variation proposed in the application could not have an adverse effect on the promotion of any of the licensing objectives, or
(b) if more than one variation is proposed, none of them, whether considered separately or together could have such an effect,
it must grant the application.
(4) In any other case the authority must reject the application.
(5) A determination under this section must be made within the period of fifteen working days beginning on the initial day.
(6) If at the expiry of the period referred to in subsection (5) the authority has not determined the application—
(a) the application is rejected, and
(b) the authority must forthwith return the fee that accompanied the application.
(7) But nothing in subsection (6) prevents the authority, with the agreement of the applicant, from treating—
(a) an application rejected by virtue of that subsection (“the first application”) as a new application made under section 41A,
(b) the prescribed fee that accompanied the first application as the prescribed fee accompanying a new application, or
(c) both.
(8) A new application of the kind referred to in subsection (7)(a) is to be treated as having been made on the date of the agreement referred to in that provision, or on such other date as is specified in the agreement.
(9) Any fee owed to an applicant under subsection (6) may be recovered as a debt due to the applicant.
(10) For the purposes of this section—
“initial day” in relation to an application means the first working day after the day on which the authority receives the application;
“relevant representations” in relation to an application means representations which are about the likely effect of the grant of the application on the promotion of the licensing objectives.
41C Supplementary provision about determinations under section 41B
(1) Where an application is granted under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.
(2) The notice under subsection (1) must specify—
(a) any variation of the premises licence which is to have effect as a result of the grant of the application, and
(b) the time at which that variation takes effect.
(3) The time referred to in subsection (2)(b) is the time specified in the application or, if that time is before the applicant is given the notice referred to in subsection (2), such later time as the authority specifies in the notice.
(4) Where an application is rejected under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.
(5) The notice under subsection (4) must include a statement by the authority of the reasons for its decision.
41D Variation of premises licence: supply of alcohol from community premises
(1) Where a management committee which holds a premises licence in respect of community premises makes an application under section 34 for variation of the licence so as to authorise the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).
(2) A management committee which holds a premises licence in respect of community premises which includes the conditions in section 19(2) and (3) may make an application under section 34 for (or which includes an application for) variation of the licence to include the alternative licence condition instead of those conditions.
(3) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.
(4) In a case where an application under section 34 includes an application under subsection (1), or is made pursuant to subsection (2), section 19 (as it applies by virtue of section 35(7)) and section 35 are modified as follows.
(5) Section 19 has effect as if at the end there were inserted—
(5) But where—
(a) the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and
(b) if any representations are made pursuant to section 35(5)(aa), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be appropriate to promote the crime prevention objective,
the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 41D(3) instead.
.
(6) Section 35 has effect as if—
(a) after subsection (5)(a) there were inserted—
(aa) if they relate to the inclusion of the alternative licence condition referred to in section 41D(3)—
(i) were made by the chief officer of police for a police area in which the premises are situated, and
(ii) include a statement that, due to the exceptional circumstances of the case, he is satisfied that including the alternative licence condition instead of the conditions in section 19(2) and (3) would undermine the crime prevention objective, and
, and
(b) subsection (6)(c) were omitted.
(1) Subject to this section, any person mentioned in section 16(1) (applicant for premises licence) may apply to the relevant licensing authority for the transfer of a premises licence to him.
(2) Where the applicant is an individual he must be aged 18 or over.
(2A) Where the applicant is an individual who is resident in the United Kingdom and the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d) he must also be entitled to work in the United Kingdom.
(3) Subsection (1) is subject to regulations under—
(a) section 54 (form etc. of applications etc.);
(b) section 55 (fees to accompany applications etc.).
(4) An application under this section must also be accompanied by the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.
(5) The relevant person must give notice of the application to the chief officer of police for the police area (or each police area) in which the premises are situated.
(5ZA) Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), the relevant person must also give notice of the application to the Secretary of State.
(5A) In subsections (5) and (5ZA), “relevant person” means—
(a) the relevant licensing authority, in a case where the applicant submitted the application to the relevant licensing authority by means of a relevant electronic facility;
(b) the applicant, in any other case.
(6) Where a chief officer of police notified under subsection (5) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.
(7) The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (5).
(8) Where the Secretary of State is given notice under subsection (5ZA) and is satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the relevant licensing authority a notice stating the reasons for being so satisfied.
(9) The Secretary of State must give that notice within the period of 14 days beginning with the day on which the Secretary of State is notified of the application under subsection (5ZA).
43 Circumstances in which transfer application given interim effect
(1) Where—
(a) an application made in accordance with section 42 includes a request that the transfer have immediate effect, and
(b) the requirements of this section are met,
then, by virtue of this section, the premises licence has effect during the application period as if the applicant were the holder of the licence.
(2) For this purpose “the application period” means the period which—
(a) begins when the application is received by the relevant licensing authority, and
(b) ends—
(i) when the licence is transferred following the grant of the application, or
(ii) if the application is rejected, when the applicant is notified of the rejection, or
(iii) when the application is withdrawn.
(3) Subject to subsections (4) and (5), an application within subsection (1)(a) may be made only with the consent of the holder of the premises licence.
(4) Where a person is the holder of the premises licence by virtue of an interim authority notice under section 47, such an application may also be made by that person.
(5) The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—
(a) that he has taken all reasonable steps to obtain that consent, and
(b) that, if the application were one to which subsection (1) applied, he would be in a position to use the premises during the application period for the licensable activity or activities authorised by the premises licence.
(6) Where the relevant licensing authority refuses to exempt an applicant under subsection (5), it must notify the applicant of its reasons for that decision.
(1) This section applies where an application for the transfer of a licence is made in accordance with section 42.
(2) Subject to subsections (3) and (5), the authority must transfer the licence in accordance with the application.
(3) The authority must reject the application if none of the conditions in subsection (4) applies.
(4) The conditions are—
(a) that section 43(1) (applications given interim effect) applies to the application,
(b) that the holder of the premises licence consents to the transfer,
(c) that the applicant is exempted under subsection (6) from the requirement to obtain the holder’s consent to the transfer.
(5) Where a notice is given under section 42(6) or (8) (and not withdrawn), and subsection (3) above does not apply, the authority must—
(a) hold a hearing to consider it, unless the authority, the applicant and the person who gave the notice agree that a hearing is unnecessary, and
(b) having regard to the notice—
(i) where the notice is given under section 42(6), 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 given under section 42(8), reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.
(6) The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—
(a) that he has taken all reasonable steps to obtain that consent, and
(b) that, if the application were granted, he would be in a position to use the premises for the licensable activity or activities authorised by the premises licence.
(7) Where the relevant licensing authority refuses to exempt an applicant under subsection (6), it must notify the applicant of its reasons for that decision.
(1) Where an application under section 42 is granted or rejected, the relevant licensing authority must give a notice to that effect to—
(a) the applicant, and
(b) the chief officer of police for the police area (or each police area) in which the premises are situated.
(2) Where a chief officer of police gave a notice under subsection (6) of that section or the Secretary of State gave a notice under subsection (8) of that section (which, in either case, was not withdrawn), the notice under subsection (1) of this section must state the licensing authority’s reasons for granting or rejecting the application.
(2A) Where the Secretary of State gave a notice under subsection (8) of section 42 (which was not withdrawn), the notice under subsection (1) of this section must also be given to the Secretary of State.
(3) Where the application is granted, the notice under subsection (1) must specify the time when the transfer takes effect.
That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.
(4) The relevant licensing authority must also give a copy of the notice given under subsection (1)—
(a) where the application is granted—
(i) to the holder of the licence immediately before the application was granted, or
(ii) if the application was one to which section 43(1) applied, to the holder of the licence immediately before the application was made (if any),
(b) where the application is rejected, to the holder of the premises licence (if any).
46 Duty to notify designated premises supervisor of transfer
(1) This section applies where—
(a) an application is made in accordance with section 42 to transfer a premises licence in respect of which there is a designated premises supervisor, and
(b) the applicant and that supervisor are not the same person.
(2) Where section 43(1) applies in relation to the application, the applicant must forthwith notify the designated premises supervisor of the application.
(3) If the application is granted, the applicant must forthwith notify the designated premises supervisor of the transfer.
(4) A person commits an offence if he fails, without reasonable excuse, to comply with this section.
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
47 Interim authority notice following death etc. of licence holder
(1) This section applies where—
(a) a premises licence lapses under section 27 in a case within subsection (1)(a), (b) or (c) or (1A) of that section (death, incapacity or insolvency of the holder or change of immigration status), but
(b) no application for transfer of the licence has been made by virtue of section 50 (reinstatement of licence on transfer following death etc.).
(2) A person who—
(a) has a prescribed interest in the premises concerned, or
(b) is connected to the person who held the premises licence immediately before it lapsed (“the former holder”),
may, during the initial 28 day period, give to the relevant licensing authority a notice (an “interim authority notice”) in respect of the licence.
(3) Subsection (2) is subject to subsection (3A) and regulations under—
(a) section 54 (form etc. of notices etc.);
(b) section 55 (fees to accompany applications etc.).
(3A) Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), a person falling within subsection (2)(a) or (b) who is an individual who is resident in the United Kingdom may give an interim authority notice only if the person is entitled to work in the United Kingdom.
(4) Only one interim authority notice may be given under subsection (2).
(5) For the purposes of subsection (2) a person is connected to the former holder of the premises licence if, and only if—
(a) the former holder has died and that person is his personal representative,
(b) the former holder lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence and that person acts for him under an enduring power of attorney or lasting power of attorney registered under that Act,
(c) the former holder has become insolvent and that person is his insolvency practitioner.
(6) Where an interim authority notice is given in accordance with this section—
(a) the premises licence is reinstated from the time the notice is received by the relevant licensing authority, and
(b) the person who gave the notice is from that time the holder of the licence.
(7) But the premises licence lapses again—
(a) at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situated;
(aa) where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the Secretary of State;
(b) at the end of the interim authority period, unless before that time a relevant transfer application is made to the relevant licensing authority.
(7A) Where the interim authority notice was given to the relevant licensing authority by means of a relevant electronic facility—
(a) paragraphs (a) and (aa) of subsection (7) do not apply, and
(b) the relevant licensing authority must forthwith give a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situated and, where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), to the Secretary of State.
(8) Nothing in this section prevents the person who gave the interim authority notice from making a relevant transfer application.
(9) If—
(a) a relevant transfer application is made during the interim authority period, and
(b) that application is rejected or withdrawn,
the licence lapses again at the time of the rejection or withdrawal.
(10) In this section—
“becomes insolvent” is to be construed in accordance with section 27;
“initial 28 day period”, in relation to a licence which lapses as mentioned in subsection (1), means the period of 28 days beginning with the day after the day the licence lapses;
“insolvency practitioner”, in relation to a person, means a person acting as an insolvency practitioner in relation to him (within the meaning of section 388 of the Insolvency Act 1986 (c. 45));
“interim authority period” means the period beginning with the day on which the interim authority notice is received by the relevant licensing authority and ending—
three months after that day, or
if earlier, when it is terminated by the person who gave the interim authority notice notifying the relevant licensing authority to that effect;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant transfer application” in relation to the premises licence, is an application under section 42 which is given interim effect by virtue of section 43.
48 Cancellation of interim authority notice following ... objections
(1) Subsection (2) applies where—
(a) an interim authority notice by a person (“the relevant person”) is given in accordance with section 47,
(b) the chief officer of police for the police area (or each police area) in which the premises are situated is given a copy of the interim authority notice before the end of the initial 28 day period (within the meaning of that section), and
(c) that chief officer (or any of those chief officers) is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would undermine the crime prevention objective.
(2) The chief officer of police must before the end of the second working day following the day on which he receives the copy of the interim authority notice give the relevant licensing authority a notice stating why he is so satisfied.
(2A) Subsection (2B) applies where—
(a) an interim authority notice by a person (“the relevant person”) is given in accordance with section 47,
(b) the Secretary of State is given a copy of the interim authority notice before the end of the initial 28 day period (within the meaning of that section), and
(c) the Secretary of State is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would be prejudicial to the prevention of illegal working in licensed premises.
(2B) The Secretary of State must before the end of the second working day following receipt of the copy of the interim authority notice give the relevant licensing authority a notice stating why the Secretary of State is so satisfied.
(3) Where a notice is given under subsection (2) or (2B) (and not withdrawn), the authority must—
(a) hold a hearing to consider it, unless the authority, the relevant person and the person who gave the notice agree that a hearing is unnecessary, and
(b) having regard to the notice—
(i) where the notice is given under subsection (2), cancel the interim authority notice if it considers it appropriate for the promotion of the crime prevention objective to do so, or
(ii) where the notice is given under subsection (2B), cancel the interim authority notice if it considers it appropriate for the prevention of illegal working in licensed premises to do so.
(4) An interim authority notice is cancelled under subsection (3)(b) by the licensing authority giving the relevant person a notice stating that it is cancelled and the authority’s reasons for its decision.
(5) The licensing authority must give a copy of a notice under subsection (4) to the chief officer of police for the police area (or each police area) in which the premises are situated.
(5A) Where an interim authority notice is cancelled under subsection (3)(b)(ii), the licensing authority must also give a copy of the notice under subsection (4) to the Secretary of State.
(6) The premises licence lapses if, and when, a notice is given under subsection (4).
This is subject to paragraph 7(5) of Schedule 5 (reinstatement of premises licence where appeal made against cancellation of interim authority notice).
(7) The relevant licensing authority must not cancel an interim authority notice after a relevant transfer application (within the meaning of section 47) is made in respect of the premises licence.
49 Supplementary provision about interim authority notices
(1) On receipt of an interim authority notice, the relevant licensing authority must issue to the person who gave the notice a copy of the licence and a copy of the summary (in each case certified by the authority to be a true copy).
(2) The copies issued under this section must be copies of the premises licence and summary in the form in which they existed immediately before the licence lapsed under section 27, except that they must specify the person who gave the interim authority notice as the person who is the holder.
(3) This Act applies in relation to a copy issued under this section as it applies in relation to an original licence or summary.
(4) Where a person becomes the holder of a premises licence by virtue of section 47, he must (unless he is the designated premises supervisor under the licence) forthwith notify the supervisor (if any) of the interim authority notice.
(5) A person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
50 Reinstatement of licence on transfer following death etc. of holder
(1) This section applies where—
(a) a premises licence lapses by virtue of section 27 (death, incapacity or insolvency etc. of the holder), but no interim authority notice has effect, or
(b) a premises licence lapses by virtue of section 28 (surrender).
(2) For the purposes of subsection (1)(a) an interim authority notice ceases to have effect when it is cancelled under section 48 or withdrawn.
(3) Notwithstanding the lapsing of the licence, a person mentioned in section 16(1) (and who would, where applicable, satisfy subsections (2) and (2A) of section 42) may apply under section 42 for the transfer of the licence to him provided that the application—
(a) is made no later than 28 days after the day the licence lapsed, and
(b) is one to which section 43(1)(a) applies.
(4) Where an application is made in accordance with subsection (3), section 43(1)(b) must be disregarded.
(5) Where such an application is made, the premises licence is reinstated from the time the application is received by the relevant licensing authority.
(6) But the licence lapses again if, and when—
(a) the applicant is notified of the rejection of the application, or
(b) the application is withdrawn.
(7) Only one application for transfer of the premises licence may be made in reliance on this section.
(1) Where a premises licence has effect, a responsible authority or any other person may apply to the relevant licensing authority for a review of the licence.
(2) Subsection (1) is subject to regulations under section 54 (form etc. of applications etc.).
(3) The Secretary of State must by regulations under this section—
(a) require the applicant to give a notice containing details of the application to the holder of the premises licence and each responsible authority within such period as may be prescribed;
(b) require the authority to advertise the application and invite representations about it to be made to the authority by responsible authorities and other persons ;
(c) prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any other person ;
(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.
(4) The relevant licensing authority may, at any time, reject any ground for review specified in an application under this section if it is satisfied—
(a) that the ground is not relevant to one or more of the licensing objectives, or
(b) in the case of an application made by a person other than a responsible authority, that—
(i) the ground is frivolous or vexatious, or
(ii) the ground is a repetition.
(5) For this purpose a ground for review is a repetition if—
(a) it is identical or substantially similar to—
(i) a ground for review specified in an earlier application for review made in respect of the same premises licence and determined under section 52, or
(ii) representations considered by the relevant licensing authority in accordance with section 18, before it determined the application for the premises licence under that section, or
(iii) representations which would have been so considered but for the fact that they were excluded representations by virtue of section 32, and
(b) a reasonable interval has not elapsed since that earlier application for review or the grant of the licence (as the case may be).
(6) Where the authority rejects a ground for review under subsection (4)(b), it must notify the applicant of its decision and, if the ground was rejected because it was frivolous or vexatious, the authority must notify him of its reasons for making that decision.
(7) The application is to be treated as rejected to the extent that any of the grounds for review are rejected under subsection (4).
Accordingly the requirements imposed under subsection (3)(a) and (b) and by section 52 (so far as not already met) apply only to so much (if any) of the application as has not been rejected.
(1) This section applies where—
(a) the relevant licensing authority receives an application made in accordance with section 51,
(b) the applicant has complied with any requirement imposed on him under subsection (3)(a) or (d) of that section, and
(c) the authority has complied with any requirement imposed on it under subsection (3)(b) or (d) of that section.
(2) Before determining the application, the authority must hold a hearing to consider it and any relevant representations.
(3) The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers appropriate for the promotion of the licensing objectives.
(4) The steps are—
(a) to modify the conditions of the licence;
(b) to exclude a licensable activity from the scope of the licence;
(c) to remove the designated premises supervisor;
(d) to suspend the licence for a period not exceeding three months;
(e) to revoke the licence;
and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.
(5) Subsection (3) is subject to sections 19 to 21(requirement to include certain conditions in premises licences).
(6) Where the authority takes a step mentioned in subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.
(7) In this section “relevant representations” means representations which—
(a) are relevant to one or more of the licensing objectives, and
(b) meet the requirements of subsection (8).
(8) The requirements are—
(a) that the representations are made—
(i) by the holder of the premises licence, a responsible authority or any other person , and
(ii) within the period prescribed under section 51(3)(c),
(b) that they have not been withdrawn, and
(c) if they are made by a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(9) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
(10) Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for making it to—
(a) the holder of the licence,
(b) the applicant,
(c) any person who made relevant representations, and
(d) the chief officer of police for the police area (or each police area) in which the premises are situated.
(11) A determination 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.
52A Review: supply of alcohol from community premises
(1) In a case where an application is made under section 51 for review of a premises licence which—
(a) is held by a management committee in respect of community premises, and
(b) includes the alternative licence condition,
section 52 is modified as follows.
(2) Subsection (4) has effect as if paragraph (c) were omitted.
(3) Subsection (5) has effect as if for that subsection there were substituted—
(5) Subsection (3) is subject—
(a) to the requirement that the licence must include—
(i) the conditions in section 19(2) and (3), or
(i) the alternative licence condition referred to in section 52A(4)
(but not both), and
(b) to sections 19(4) and 19A to 21(requirement to include certain conditions in premises licences).
.
(4) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.
(1) This section applies where a local authority is both—
(a) the relevant licensing authority, and
(b) a responsible authority,
in respect of any premises.
(2) The authority may, in its capacity as a responsible authority, apply under section 51 for a review of any premises licence in respect of the premises.
(3) The authority may, in its capacity as licensing authority, determine that application.
53A Summary reviews on application of senior police officer
(1) The chief officer of police of a police force for a police area may apply under this section to the relevant licensing authority for a review of the premises licence for any premises wholly or partly in that area if—
(a) the premises are licensed premises in relation to the sale of alcohol by retail; and
(b) a senior member of that force has given a certificate that it is his opinion that the premises are associated with serious crime or serious disorder or both;
and that certificate must accompany the application.
(2) On receipt of such an application, the relevant licensing authority must—
(a) within 48 hours of the time of its receipt, consider under section 53B whether it is necessary to take interim steps pending the determination of a review of the premises licence; and
(b) within 28 days after the day of its receipt, review that licence in accordance with section 53C and reach a determination on that review.
(3) The Secretary of State must by regulations—
(a) require a relevant licensing authority to whom an application for a review under this section has been made to give notice of the review to the holder of the premises licence and to every responsible authority;
(b) prescribe the period after the making of the application within which the notice under paragraph (a) must be given;
(c) require a relevant licensing authority to advertise the review, inviting representations about it to be made to the authority by the responsible authorities and other persons ;
(d) prescribe the period after the making of the application within which the advertisement must be published;
(e) prescribe the period after the publication of the advertisement during which representations may be made by the holder of the premises licence, any responsible authority or any other person ; and
(f) require a notice or advertisement under paragraph (a) or (c) to specify the period prescribed under paragraph (e).
(4) In this section—
“senior member”, in relation to a police force, means a police officer who is a member of that force and of or above the rank of superintendent; and
“serious crime” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3) of that Act).
(5) In computing the period of 48 hours mentioned in subsection (2)(a) time that is not on a working day is to be disregarded.
(1) This section applies to the consideration by a relevant licensing authority on an application under section 53A whether it is necessary to take interim steps pending the determination of the review applied for.
(2) The consideration may take place without the holder of the premises licence having been given an opportunity to make representations to the relevant licensing authority.
(3) The interim steps the relevant licensing authority must consider taking are—
(a) the modification of the conditions of the premises licence;
(b) the exclusion of the sale of alcohol by retail from the scope of the licence;
(c) the removal of the designated premises supervisor from the licence;
(d) the suspension of the licence.
(4) For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.
(5) Where on its consideration of whether to take interim steps the relevant licensing authority does take one or more such steps—
(a) its decision takes effect immediately or as soon after that as that authority directs; but
(b) it must give immediate notice of its decision and of its reasons for making it to—
(i) the holder of the premises licence; and
(ii) the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).
(6) Subject to subsection (9A), If the holder of the premises licence makes, and does not withdraw, representations against any interim steps taken by the relevant licensing authority, the authority must, within 48 hours of the time of its receipt of the representations, hold a hearing to consider those representations.
(7) The relevant licensing authority must give advance notice of the hearing to—
(a) the holder of the premises licence;
(b) the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).
(8) At the hearing, the relevant licensing authority must—
(a) consider whether the interim steps are appropriate for the promotion of the licensing objectives; and
(b) determine whether to withdraw or modify the steps taken.
(9) In considering those matters the relevant licensing authority must have regard to—
(a) the certificate that accompanied the application;
(b) any representations made by the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated); and
(c) any representations made by the holder of the premises licence.
(9A) Where the relevant licensing authority has determined under subsection (8) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (6) if there has been a material change in circumstances since the authority made its determination.
(10) In computing the period of 48 hours mentioned in subsection (6) time that is not on a working day is to be disregarded.
53C Review of premises licence following review notice
(1) This section applies to a review of a premises licence which a relevant licensing authority has to conduct on an application under section 53A.
(2) The relevant licensing authority must—
(a) hold a hearing to consider the application for the review and any relevant representations; and
(b) take such steps mentioned in subsection (3) (if any) as it considers appropriate for the promotion of the licensing objectives; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Those steps are—
(a) the modification of the conditions of the premises licence,
(b) the exclusion of a licensable activity from the scope of the licence,
(c) the removal of the designated premises supervisor from the licence,
(d) the suspension of the licence for a period not exceeding three months, or
(e) the revocation of the licence.
(4) For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.
(5) Subsection (2)(b) is subject to sections 19 to 21(requirement to include certain conditions in premises licences).
(6) Where the authority takes a step within subsection (3)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).
(7) In this section “relevant representations” means representations which—
(a) are relevant to one or more of the licensing objectives, and
(b) meet the requirements of subsection (8).
(8) The requirements are—
(a) that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection 53A(3)(e),
(b) that they have not been withdrawn, and
(c) if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(9) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
(10) Where a relevant licensing authority determines a review under this section it must notify the determination and its reasons for making it to—
(a) the holder of the premises licence,
(b) any person who made relevant representations, and
(c) the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).
(11) A decision under this section does not have effect until—
(a) the end of the period given for appealing against the decision, or
(b) if the decision is appealed against, the time the appeal is disposed of.
(12) Section 53D makes provision about the application and review of any interim steps that have been taken under section 53B in relation to a premises licence before a decision under this section comes into effect in relation to the licence.
53D Interim steps pending section 53C decision coming into effect
(1) At the hearing to consider an application for a review under section 53A, the relevant licensing authority must review any interim steps that have been taken by the relevant licensing authority under section 53B that have effect on the date of the hearing.
(2) In conducting the review under this section, the relevant licensing authority must—
(a) consider whether the interim steps are appropriate for the promotion of the licensing objectives;
(b) consider any relevant representations; and
(c) determine whether to withdraw or modify the interim steps taken.
(3) The power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—
(a) the modification of the conditions of the premises licence;
(b) the exclusion of the sale of alcohol by retail from the scope of the licence;
(c) the removal of the designated premises supervisor from the licence;
(d) the suspension of the licence;
and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.
(4) Any interim steps taken under subsection (3) apply until—
(a) the end of the period given for appealing against a decision made under section 53C,
(b) if the decision under section 53C is appealed against, the time the appeal is disposed of, or
(c) the end of a period determined by the relevant licensing authority (which may not be longer than the period of time for which such interim steps could apply under paragraph (a) or (b)).
(5) Any interim steps taken under section 53B in relation to a premises licence cease to have effect when the decision made under section 53C comes into effect.
(6) In subsection (2) “relevant representations” means representations which—
(a) are relevant to one or more of the licensing objectives, and
(b) meet the requirements of subsection (7).
(7) The requirements are—
(a) that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection 53A(3)(e),
(b) that they have not been withdrawn, and
(c) if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(8) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
(9) A decision under this section may be appealed (see paragraph 8B of Part 1 of Schedule 5 (appeals: premises licences)).
54 Form etc. of applications and notices under Part 3
In relation to any application or notice under this Part, regulations may prescribe—
(a) its form or content;
(b) the manner in which it is to be made or given;
(ba) the period within which it is to be made or given;
(c) information and documents that must accompany it.
(1) Regulations may—
(a) require applications under any provision of this Part (other than section 51) or notices under section 47 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 holder of a premises licence to pay the relevant licensing authority an annual fee.
(3) Regulations under subsection (2) may include provision prescribing—
(a) the amount of the fee, and
(b) 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.
55A Suspension of premises licence for failing to pay annual fee
(1) A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(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 premises licence under subsection (1), the authority must give the holder of the licence 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 two working days after the day the authority gives the notice.
(5) If the holder of the licence 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 premises licence 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.
56 Licensing authority’s duty to update licence document
(1) Where—
(a) the relevant licensing authority, in relation to a premises licence, makes a determination or receives a notice under this Part,
(aa) a London licensing authority, in relation to a premises licence, is subject to a direction under section 41ZB (directions by Mayor of London),
(b) a premises licence lapses under this Part, or
(c) an appeal against a decision under this Part is disposed of,
the relevant licensing authority must make the appropriate amendments (if any) to the licence and, if necessary, issue a new summary of the licence.
(2) Where a licensing authority is not in possession of the licence (or the appropriate part of the licence) it may, for the purposes of discharging its obligations under subsection (1), require the holder of a premises licence to produce the licence (or the appropriate part) to the authority within 14 days from the date on which he 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.