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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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Variation of licences

 33    Application to vary premises licence

     (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—

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

           (b)           section 54 (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).

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     (4)    This section does not apply to an application within section 36(1) (application

to vary licence to specify individual as premises supervisor).

     (5)    The power to make regulations under subsection (5) 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.

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 34    Determination of application under section 33

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

           (a)           receives an application, made in accordance with section 33, to vary a

premises licence, and

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

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imposed on him by virtue of subsection (5) of that section.

     (2)    Subject to subsection (3) and section 35(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

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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 necessary for the promotion of

the licensing objectives.

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     (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.

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     (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—

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

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

of section 33(5),

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    20

 

           (b)           that they 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.

     (7)    Subsections (2) and (3) are subject to sections 19 and 20 (which require certain

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conditions to be included in premises licences).

 35    Supplementary provision about determinations under section 34

     (1)    Where an application (or any part of an application) is granted under section

34, the relevant licensing authority must forthwith give a notice to that effect

to—

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           (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.

15

     (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 34(3)(b).

     (3)    The notice under subsection (1) must specify the time when the variation in

question takes effect.

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            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

34, the relevant licensing authority must forthwith give a notice to that effect

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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

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which the premises are situated.

     (5)    Where the relevant licensing authority determines for the purposes of section

34(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 34 so as—

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           (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) of that section, a licensing

authority may vary a premises licence so that it has effect subject to different

conditions in respect of—

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           (a)           different parts of the premises concerned;

           (b)           different licensable activities.

     (8)    In this section “relevant representations” has the meaning given in section

34(5).

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    21

 

 36    Application to vary licence to specify individual as premises supervisor

     (1)    The holder of a premises licence which authorises the supply of alcohol may

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—

5

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

           (b)           section 54 (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

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           (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)    The holder of the premises licence must give notice of his application—

           (a)           to the chief officer of police for the police area (or each police area) in

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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 37

applies.

     (5)    Where a chief officer of police notified under subsection (4) is satisfied that the

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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

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subsection (4).

 37    Circumstances in which section 36 application given interim effect

     (1)    This section applies where an application made in accordance with section 36

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

30

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—

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                  (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.

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Licensing Bill [HL]
Part 3 — Premises licences

    22

 

 38    Determination of section 36 application

     (1)    This section applies where an application is made, in accordance with section

36, 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

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application.

     (3)    Where a notice is given under section 36(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

10

unnecessary, and

           (b)           having regard to the notice, reject the application if it considers it

necessary for the promotion of the crime prevention objective to do so.

     (4)    Where an application under section 36 is granted or rejected, the relevant

licensing authority must give a notice to that effect to—

15

           (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

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(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

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applicant is given that notice, such later time as the relevant licensing authority

specifies in the notice.

 39    Duty of applicant following determination under section 38

     (1)    Where the holder of a premises licence is notified under section 38(4), he must

forthwith—

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           (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.

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     (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.

 40    Request to be removed as designated premises supervisor

40

     (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.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    23

 

     (2)    Subsection (1) is subject to regulations under section 53 (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

5

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

10

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

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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

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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—

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           (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.

Transfer of premises licence

 41    Application for transfer of premises licence

30

     (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.

     (3)    Subsection (1) is subject to regulations under—

35

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

           (b)           section 54 (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.

40

     (5)    The applicant must give notice of his application to the chief officer of police

for the police area (or each police area) in which the premises are situated.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    24

 

     (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

5

beginning with the day on which he is notified of the application under

subsection (5).

 42    Circumstances in which transfer application given interim effect

     (1)    Where—

           (a)           an application made in accordance with section 41 includes a request

10

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—

15

           (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

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                  (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.

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     (4)    Where a person is the holder of the premises licence by virtue of an interim

authority notice under section 46, 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

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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

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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.

 43    Determination of transfer application

     (1)    This section applies where an application for the transfer of a licence is made

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in accordance with section 41.

     (2)    Subject to subsections (3) and (5), the authority must transfer the licence in

accordance with the application.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    25

 

     (3)    The authority must reject the application if none of the conditions in subsection

(4) applies.

     (4)    The conditions are—

           (a)           that section 42(1) (applications given interim effect) applies to the

application,

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           (b)           that the holder of the premises licence consents to the transfer, or

           (c)           that the applicant is exempted from the requirement to obtain the

holder’s consent to the transfer under subsection (6).

     (5)    Where a notice is given under section 41(6) (and not withdrawn), and

subsection (3) above does not apply, the authority must—

10

           (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

necessary for the promotion of the crime prevention objective to do so.

15

     (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

20

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.

 44    Notification of determination under section 43

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     (1)    Where an application under section 41 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.

30

     (2)    Where a chief officer of police gave a notice under subsection (6) of that section

(and it was not withdrawn) the notice under subsection (1) of this section must

state the licensing authority’s reasons for granting or rejecting the application.

     (3)    Where the application is granted, the notice under subsection (1) must specify

the time when the transfer takes effect.

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            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)—

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           (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 42(1) applied, to the

holder of the licence immediately before the application was

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made (if any),

 

 

 
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