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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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 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     (3)    Where a notice is given under section 36(5) (and not withdrawn), the authority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

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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—

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           (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(and it was not withdrawn), the notice under subsection (4) of this section must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

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     (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

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     (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

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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

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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

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     (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—

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           (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.

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     (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

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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

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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—

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           (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

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     (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—

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           (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.

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     (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

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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.

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     (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),

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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           (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

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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.

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 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

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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

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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.

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