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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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     (5)    This Act applies in relation to a copy issued under this section as it applies in

relation to an original licence or summary.

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—

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           (a)           it is revoked under section 51, or

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

     (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

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

           (a)           dies,

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

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

           (c)           becomes insolvent,

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           (d)           is dissolved, or

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

     (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—

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

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

           (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—

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

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

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

company, or

           (d)           going into liquidation.

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     (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.

 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.

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     (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.

     (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.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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

reinstatement in certain circumstances of a licence surrendered under this

section).

Provisional statement

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

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     (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

           (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).

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

statement if—

           (a)           he is interested in the premises, and

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

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

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

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

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

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

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

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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

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

activities for which the premises are to be used,

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           (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

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

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

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a manner which substantially complies with the schedule of works

accompanying the application.

 29    Advertisement of application for provisional statement

     (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

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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

advertisements to contain a statement in the prescribed form describing the

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

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provisional statement).

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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 30    Determination of application for provisional statement

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

           (a)           receives a provisional statement application, and

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

imposed on him by virtue of section 29.

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     (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—

           (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

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unnecessary,

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

provisional statement application, it would consider it necessary to

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

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form described in the provisional statement application, and

           (c)           issue the applicant with a statement which—

                  (i)                 gives details of that determination, and

                  (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).

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     (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

situated.

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

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           (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,

and

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

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     (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

of section 29,

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

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           (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)    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

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them of the reasons for its determination.

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

in accordance with section 28.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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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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           (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)(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

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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.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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     (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.

Variation of licences

 33    Application to vary premises licence

     (1)    The holder of a premises licence may apply to the relevant licensing authority

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for variation of the licence.

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

           (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

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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 36(1) (application

to vary licence to specify individual as premises supervisor).

     (5)    The power to make regulations under subsection (5) of section 17

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(advertisement etc. of application) applies in relation to applications under this

section as it applies in relation to applications under that section.

 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

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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 35(6), the authority must grant the

application.

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     (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

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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;

           (b)           to reject the whole or part of the application;

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            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

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

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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     (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

of section 33(5),

           (b)           that they have not been withdrawn, and

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           (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

conditions to be included in premises licences).

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 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—

           (a)           the applicant,

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           (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

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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.

            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.

     (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

stating its reasons for rejecting the application 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.

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     (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—

           (a)           to extend the period for which the licence has effect, or

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           (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—

           (a)           different parts of the premises concerned;

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           (b)           different licensable activities.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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

34(5).

 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

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application (“the proposed individual”) as the premises supervisor.

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

           (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—

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           (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).

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     (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

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

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applies.

     (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.

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     (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).

 37    Circumstances in which section 36 application given interim effect

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

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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

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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

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                  (iii)               if the application is withdrawn before it is determined, at the

time of the withdrawal.

 

 

 
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