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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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Duration of licence

 25    Period of validity of premises licence

     (1)    Subject to sections 26 and 27, a premises licence has effect until such time as—

           (a)           it is revoked under section 51, or

           (b)           if it specifies that it has effect for a limited period, that period expires.

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     (2)    But a premises licence does not have effect during any period when it is

suspended under section 51.

 26    Death, incapacity, insolvency etc. of licence holder

     (1)    A premises licence lapses if the holder of the licence—

           (a)           dies,

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           (b)           becomes mentally incapable (within the meaning of section 13(1) of the

Enduring Powers of Attorney Act 1985 (c. 29)),

           (c)           becomes insolvent,

           (d)           is dissolved, or

           (e)           if it is a club, ceases to be a recognised club.

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     (2)    This section is subject to sections 46 and 49 (which make provision for the

reinstatement of the licence in certain circumstances).

     (3)    For the purposes of this section, an individual becomes insolvent on—

           (a)           the approval of a voluntary arrangement proposed by him,

           (b)           being adjudged bankrupt or having his estate sequestrated, or

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           (c)           entering into a deed of arrangement made for the benefit of his

creditors or a trust deed for his creditors.

     (4)    For the purposes of this section, a company becomes insolvent on—

           (a)           the approval of a voluntary arrangement proposed by its directors,

           (b)           the appointment of an administrator in respect of the company,

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           (c)           the appointment of an administrative receiver in respect of the

company, or

           (d)           going into liquidation.

     (5)    An expression used in this section and in the Insolvency Act 1986 (c. 45) has the

same meaning in this section as in that Act.

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 27    Surrender of premises licence

     (1)    Where the holder of a premises 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 premises licence or, if that is not

practicable, by a statement of the reasons for the failure to provide the licence.

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     (3)    Where a notice of surrender is given in accordance with this section, the

premises licence lapses on receipt of the notice by the authority.

     (4)    This section is subject to section 49 (which makes provision for the

reinstatement in certain circumstances of a licence surrendered under this

section).

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Licensing Bill [HL]
Part 3 — Premises licences

    16

 

Provisional statement

 28    Application for a provisional statement where premises being built, etc.

     (1)    This section applies to premises which—

           (a)           are being or are about to be constructed for the purpose of being used

for one or more licensable activities, or

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           (b)           are being or are about to be extended or otherwise altered for that

purpose (whether or not they are already being used for that purpose).

     (2)    A person may apply to the relevant licensing authority for a provisional

statement if—

           (a)           he is interested in the premises, and

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           (b)           where he is an individual, he is aged 18 or over.

     (3)    In this Act “provisional statement” means a statement issued under section

30(2) or (3)(c).

     (4)    Subsection (2) is subject to regulations under—

           (a)           section 53 (form etc. of applications etc.);

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           (b)           section 54 (fees to accompany applications etc.).

     (5)    An application under this section must also be accompanied by a schedule of

works.

     (6)    A schedule of works is a document in the prescribed form which includes—

           (a)           a statement made by or on behalf of the applicant including particulars

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of the premises to which the application relates and of the licensable

activities for which the premises are to be used,

           (b)           plans of the work being or about to be done at the premises, and

           (c)           such other information as may be prescribed.

     (7)    For the purposes of this Part, in relation to any premises in respect of which an

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application for a provisional statement has been made, references to the work

being satisfactorily completed are to work at the premises being completed in

a manner which substantially complies with the schedule of works

accompanying the application.

 29    Advertisement of application for provisional statement

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     (1)    This section applies where an application is made under section 28.

     (2)    The power to make regulations under section 17(5) (advertisement etc. of

application) applies in relation to an application under section 28 as it applies

in relation to an application under section 17.

     (3)    Regulations made by virtue of subsection (2) may, in particular, require

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advertisements to contain a statement in the prescribed form describing the

effect of section 31 (restrictions on representations following issue of a

provisional statement).

 30    Determination of application for provisional statement

     (1)    This section applies where the relevant licensing authority—

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           (a)           receives a provisional statement application, and

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    17

 

           (b)           is satisfied that the applicant has complied with any requirement

imposed on him by virtue of section 29.

     (2)    Where no relevant representations are made, the authority must issue the

applicant with a statement to that effect.

     (3)    Where relevant representations are made, the authority must—

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           (a)           hold a hearing to consider them, unless the authority, the applicant and

each person who has made such representations agree that a hearing is

unnecessary,

           (b)           determine whether, on the basis of those representations and the

provisional statement application, it would consider it necessary to

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take any steps under section 18(3)(b) if, on the work being satisfactorily

completed, it had to decide whether to grant a premises licence in the

form described in the provisional statement application, and

           (c)           issue the applicant with a statement which—

                  (i)                 gives details of that determination, and

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                  (ii)                states the authority’s reasons for its decision as to the steps (if

any) that it would be necessary to take under section 18(3)(b).

     (4)    The licensing authority must give a copy of the provisional statement to—

           (a)           each person who made relevant representations, and

           (b)           the chief officer of police for each police area in which the premises are

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situated.

     (5)    In this section “relevant representations” means representations—

           (a)           which are about the likely effect on the licensing objectives of the grant

of a premises licence in the form described in the provisional statement

application, if the work at the premises was satisfactorily completed,

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and

           (b)           which meet the requirements of subsection (6).

     (6)    The requirements are—

           (a)           that the representations are made by an interested party or responsible

authority within the period prescribed under section 17(5)(c) by virtue

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of section 29,

           (b)           that the representations have not been withdrawn, and

           (c)           in the case of representations made by an interested party (who is not

also a responsible authority) that they are not, in the opinion of the

relevant licensing authority, frivolous or vexatious.

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     (7)    Where the authority determines for the purposes of subsection (6)(c) that any

representations are frivolous or vexatious, it must notify the person who made

them of the reasons for its determination.

     (8)    In this section “provisional statement application” means an application made

in accordance with section 28.

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 31    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

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Licensing Bill [HL]
Part 3 — Premises licences

    18

 

           (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

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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

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purposes of section 18(6)(c) 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

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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.

Duty to notify certain changes

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 32    Notification of change of name or address

     (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

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authority under subsection (4), the name or address of that supervisor.

     (2)    Subsection (1) is subject to regulations under section 54(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

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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),

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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

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conviction to a fine not exceeding level 2 on the standard scale.

 

 

 
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