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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

    26

 

           (b)           where the application is rejected, to the holder of the premises licence

(if any).

 45    Duty to notify designated premises supervisor of transfer

     (1)    This section applies where—

           (a)           an application is made in accordance with section 41 to transfer a

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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 42(1) applies in relation to the application, the applicant must

forthwith notify the designated premises supervisor of the application.

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     (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

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conviction to a fine not exceeding level 3 on the standard scale.

Interim authority notices

 46    Interim authority notice following death etc. of licence holder

     (1)    This section applies where—

           (a)           a premises licence lapses under section 26 in a case within subsection

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(1)(a), (b) or (c) of that section (death, incapacity or insolvency of the

holder), but

           (b)           no application for transfer of the licence has been made by virtue of

section 49 (reinstatement of licence on transfer following death etc.).

     (2)    A person who—

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           (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 seven day period, give to the relevant licensing

authority a notice (an “interim authority notice”) in respect of the licence.

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

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

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

     (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

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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 has become mentally incapable and that person acts

for him under a power of attorney created by an instrument registered

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under section 6 of the Enduring Powers of Attorney Act 1985 (c. 29), or

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    27

 

           (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

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           (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 seven day period unless before that time the

person who gave the interim authority notice has given a copy of the

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notice to the chief officer of police for the police area (or each police

area) in which the premises are situated;

           (b)           at the end of the interim authority period, unless before that time a

relevant transfer application is made to the relevant licensing authority.

     (8)    Nothing in this section prevents the person who gave the interim authority

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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,

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            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 26;

                    “insolvency practitioner”, in relation to a person, means a person acting as

an insolvency practitioner in relation to him (within the meaning of

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section 388 of the Insolvency Act 1986 (c. 45));

                    “initial seven day period”, in relation to a licence which lapses as

mentioned in subsection (1), means the period of seven days beginning

with the day after the day the licence lapses;

                    “interim authority period” means the period beginning with the day on

30

which the interim authority notice is received by the relevant licensing

authority and ending—

                  (a)                 two months after that day, or

                  (b)                 if earlier, when it is terminated by the person who gave the

interim authority notice notifying the relevant licensing

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authority to that effect;

                    “mentally incapable” has the same meaning as in section 26(1)(b); and

                    “relevant transfer application” in relation to the premises licence, is an

application under section 41 which is given interim effect by virtue of

section 42.

40

 47    Cancellation of interim authority notice following police objections

     (1)    This section applies where—

           (a)           an interim authority notice by a person (“the relevant person”) is given

in accordance with section 46,

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

45

which the premises are situated is given a copy of the interim authority

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    28

 

           (b)           notice before the end of the initial seven 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

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objective.

     (2)    The chief officer of police must no later than 48 hours after he receives the copy

of the interim authority notice give the relevant licensing authority a notice

stating why he is so satisfied.

     (3)    Where a notice is given by the chief officer of police (and not withdrawn), the

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authority must—

           (a)           hold a hearing to consider it, unless the authority, the relevant person

and the chief officer of police agree that a hearing is unnecessary, and

           (b)           having regard to the notice given by the chief officer of police, cancel

the interim authority notice if it considers it necessary for the

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promotion of the crime prevention objective 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

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

premises are situated.

     (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).

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     (7)    The relevant licensing authority must not cancel an interim authority notice

after a relevant transfer application (within the meaning of section 46) is made

in respect of the premises licence.

 48    Supplementary provision about interim authority notices

     (1)    On receipt of an interim authority notice, the relevant licensing authority must

30

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 26, except that they must specify the person who gave the

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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

46, he must (unless he is the designated premises supervisor under the licence)

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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.

45

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    29

 

Transfer following death etc. of licence holder

 49    Reinstatement of licence on transfer following death etc. of holder

     (1)    This section applies where—

           (a)           a premises licence lapses by virtue of section 26 (death, incapacity or

insolvency of the holder), but no interim authority notice has effect, or

5

           (b)           a premises licence lapses by virtue of section 27 (surrender).

     (2)    For the purposes of subsection (1)(a) an interim authority notice ceases to have

effect when it is cancelled under section 47 or withdrawn.

     (3)    Notwithstanding the lapsing of the licence, a person mentioned in section 16(1)

(who, in the case of an individual, is aged 18 or over) may apply under section

10

41 for the transfer of the licence to him provided that the application—

           (a)           is made no later than seven days after the day the licence lapsed, and

           (b)           is one to which section 42(1)(a) applies.

     (4)    Where an application is made in accordance with subsection (3) above, section

42(1)(b) must be disregarded.

15

     (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.

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     (7)    Only one application for transfer of the premises licence may be made in

reliance on this section.

Review of licences

 50    Application for review of premises licence

     (1)    Where a premises licence has effect, an interested party or a responsible

25

authority may apply to the relevant licensing authority for a review of the

licence.

     (2)    Subsection (1) is subject to regulations under section 53 (form etc. of

applications etc.).

     (3)    Regulations under this section may—

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           (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 interested

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parties and responsible authorities;

           (c)           prescribe the period during which representations may be made by the

holder of the premises licence, any responsible authority or any

interested party;

           (d)           require any notice under paragraph (a) or advertisement under

40

paragraph (b) to specify that period.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    30

 

     (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

5

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—

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                  (i)                 a ground for review specified in an earlier application for

review made in respect of the same premises licence and

determined under section 51, or

                  (ii)                representations considered by the relevant licensing authority

in accordance with section 18, before it determined the

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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 31, and

           (b)            a reasonable interval has not elapsed since that earlier application for

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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.

25

     (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 51 (so far as not already met) apply only to so much (if any) of the

application as has not been rejected.

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 51    Determination of application for review

     (1)    This section applies where—

           (a)           the relevant licensing authority receives an application made in

accordance with section 50,

           (b)           the applicant has complied with any requirement imposed on him

35

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.

40

     (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 necessary for the promotion of the licensing objectives.

     (4)    The steps are—

           (a)           to modify the conditions of the licence;

45

           (b)           to exclude a licensable activity from the scope of the licence;

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    31

 

           (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

     (5)    Subsection (3) is subject to sections 19 and 20 (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 only for such period

(not exceeding three months) as it may specify.

10

     (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—

15

                  (i)                 by the holder of the premises licence, a responsible authority or

an interested party, and

                  (ii)                within the period prescribed under section 50(3)(c),

           (b)           that they have not been withdrawn, and

           (c)           if they are made by an interested party (who is not also a responsible

20

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.

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     (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

30

           (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.

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 52    Supplementary provision about review

     (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.

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     (2)    The authority may, in its capacity as a responsible authority, apply under

section 50 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.

 

 

 
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