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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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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

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           (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effect when it is cancelled under section 47 or withdrawn.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

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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.

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     (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           (b)           the application is withdrawn.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

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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

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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

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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.

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     (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

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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.

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     (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;

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           (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.

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     (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.

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     (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—

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                  (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

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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

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           (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.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    32

 

General provision

 53    Form etc. of applications and notices under Part 3

In relation to any application or notice under this Part, regulations may

prescribe—

           (a)           its form;

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           (b)           the manner in which it is to be made or given;

           (c)           information and documents that must accompany it.

 54    Fees

     (1)    Regulations may—

           (a)           require applications under any provision of this Part (other than section

10

50) or notices under section 46 to be accompanied by a fee, and

           (b)           prescribe the amount of the fee.

     (2)    Regulations may also require the holder of a premises licence to pay the

relevant licensing authority an annual fee.

     (3)    Regulations under subsection (2) may include provision prescribing—

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           (a)           the amount of the fee, and

           (b)           the time at which any such fee is due.

     (4)    Any fee which is owed to a licensing authority under subsection (2) may be

recovered as a debt due to the authority.

Production of licence, rights of entry, etc.

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 55    Licensing authority’s duty to update licence document

     (1)    Where—

           (a)           the relevant licensing authority, in relation to a premises licence, makes

a determination or receives a notice under this Part, or

           (b)           a premises licence lapses under this Part, or

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           (c)           an appeal against a decision under this Part is disposed of,

            the relevant licensing authority must make the appropriate amendments (if

any) to the licence and, if necessary, issue a new summary of the licence.

     (2)    Where a licensing authority is not in possession of the licence (or the

appropriate part of the licence) it may, for the purposes of discharging its

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obligations under subsection (1), require the holder of a premises licence to

produce the licence (or the appropriate part) to the authority within 14 days

from the date on which he is notified of the requirement.

     (3)    A person commits an offence if he fails, without reasonable excuse, to comply

with a requirement under subsection (2).

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     (4)    A person guilty of an offence under subsection (3) is liable on summary

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

 

 

 
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