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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

    12

 

 19    Determination of application for premises licence

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

           (a)           receives an application for a premises licence made in accordance with

section 18, and

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

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imposed on him under subsection (5) of that section.

     (2)    Subject to subsection (3), the authority must grant the licence in accordance

with the application subject only to—

           (a)           such conditions as are consistent with the operating schedule

accompanying the application, and

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           (b)           any conditions which must under section 20 or 21 be included in the

licence.

     (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, 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.

     (4)    The steps are—

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           (a)           to grant the licence subject to—

                  (i)                 the conditions mentioned in subsection (2)(a) modified to such

extent as the authority considers necessary for the promotion of

the licensing objectives, and

                  (ii)                any condition which must under section 20 or 21 be included in

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the licence;

           (b)           to exclude from the scope of the licence any of the licensable activities

to which the application relates;

           (c)           to refuse to specify a person in the licence as the premises supervisor;

           (d)           to reject the application.

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     (5)    For the purposes of subsection (4)(a)(i) the conditions mentioned in subsection

(2)(a) are modified if any of them is altered or omitted or any new condition is

added.

     (6)    For the purposes of this section, “relevant representations” means

representations which—

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           (a)           are about the likely effect of the grant of the premises licence on the

promotion of the licensing objectives,

           (b)           meet the requirements of subsection (7),

           (c)           if they relate to the identity of the person named in the application as

the proposed premises supervisor, meet the requirements of subsection

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(9), and

           (d)           are not excluded representations by virtue of section 32 (restriction on

making representations following issue of provisional statement).

     (7)    The requirements of this subsection are—

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

45

responsible authority within the period prescribed under section

18(5)(c),

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    13

 

           (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.

     (8)    Where the authority determines for the purposes of subsection (7)(c) that any

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representations are frivolous or vexatious, it must notify the person who made

them of the reasons for its determination.

     (9)    The requirements of this subsection are that the representations—

           (a)           were made by a chief officer of police for a police area in which the

premises are situated, and

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           (b)           include a statement that, due to the exceptional circumstances of the

case, he is satisfied that the designation of the person concerned as the

premises supervisor under the premises licence would undermine the

crime prevention objective.

     (10)   In discharging its duty under subsection (2) or (3)(b), a licensing authority may

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grant a licence under this section subject to different conditions in respect of—

           (a)           different parts of the premises concerned;

           (b)           different licensable activities.

 20    Mandatory conditions where licence authorises supply of alcohol

     (1)    Where a premises licence authorises the supply of alcohol, the licence must

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include the following conditions.

     (2)    The first condition is that no supply of alcohol may be made under the

premises licence—

           (a)           at a time when there is no designated premises supervisor in respect of

the premises licence, or

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           (b)           at a time when the designated premises supervisor does not hold a

personal licence or his personal licence is suspended.

     (3)    The second condition is that every supply of alcohol under the premises licence

must be made or authorised by a person who holds a personal licence.

 21    Mandatory condition: door supervision

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     (1)    Where a premises licence includes a condition that at specified times one or

more individuals must be at the premises to carry out a security activity, the

licence must include a condition that each such individual must be licensed by

the Security Industry Authority.

     (2)    But nothing in subsection (1) requires such a condition to be imposed—

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           (a)           in respect of premises within paragraph 8(3)(a) of Schedule 2 to the

Private Security Industry Act 2001 (c. 12) (premises with premises

licences authorising plays or films), or

           (b)           in respect of premises in relation to—

                  (i)                 any occasion mentioned in paragraph 8(3)(b) or (c) of that

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Schedule (premises being used exclusively by club with club

premises certificate, under a temporary event notice

authorising plays or films or under a gaming licence), or

                  (ii)                any occasion within paragraph 8(3)(d) of that Schedule

(occasions prescribed by regulations under that Act).

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Licensing Bill [HL]
Part 3 — Premises licences

    14

 

     (3)    For the purposes of this section—

           (a)           “security activity” means an activity to which paragraph 2(1)(a) of that

Schedule applies, and

           (b)           paragraph 8(5) of that Schedule (interpretation of references to an

occasion) applies as it applies in relation to paragraph 8 of that

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Schedule.

 22    Prohibited conditions: plays

     (1)    In relation to a premises licence which authorises the performance of plays, no

condition may be attached to the licence as to the nature of the plays which

may be performed, or the manner of performing plays, under the licence.

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     (2)    But subsection (1) does not prevent a licensing authority imposing, in

accordance with section 19(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which

it considers necessary on the grounds of public safety.

 23    Grant or rejection of application

     (1)    Where an application is granted under section 19, the relevant licensing

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authority must forthwith—

           (a)           give a notice to that effect to—

                  (i)                 the applicant,

                  (ii)                any person who made relevant representations in respect of the

application, and

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                  (iii)               the chief officer of police for the police area (or each police area)

in which the premises are situated, and

           (b)           issue the applicant with the licence and a summary of it.

     (2)    Where relevant representations were made in respect of the application, the

notice under subsection (1)(a) must state the authority’s reasons for its decision

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as to the steps (if any) to take under section 19(3)(b).

     (3)    Where an application is rejected under section 19, the relevant licensing

authority must forthwith give a notice to that effect, stating its reasons for the

decision, 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.

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

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19(6).

 24    Form of licence and summary

     (1)    A premises licence and the summary of a premises licence must be in the

prescribed form.

     (2)    Regulations under subsection (1) must, in particular, provide for the licence

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to—

           (a)           specify the name and address of the holder;

           (b)           include a plan of the premises to which the licence relates;

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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           (c)           if the licence has effect for a limited period, specify that period;

           (d)           specify the licensable activities for which the premises may be used;

           (e)           if the licensable activities include the supply of alcohol, specify the

name and address of the individual (if any) who is the premises

supervisor in respect of the licence;

5

           (f)           specify the conditions subject to which the licence has effect.

 25    Theft, loss, etc. of premises licence or summary

     (1)    Where a premises licence or summary is lost, stolen, damaged or destroyed,

the holder of the licence may apply to the relevant licensing authority for a

copy of the licence or summary.

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     (2)    Subsection (1) is subject to regulations under section 55(1) (fee to accompany

applications).

     (3)    Where an application is made in accordance with this section, the relevant

licensing authority must issue the holder of the licence with a copy of the

licence or summary (certified by the authority to be a true copy) if it is satisfied

15

that—

           (a)           the licence or summary has been lost, stolen, damaged or destroyed,

and

           (b)           where it has been lost or stolen, the holder has reported that loss or theft

to the police.

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     (4)    The copy issued under this section must be a copy of the premises licence or

summary in the form in which it existed immediately before it was lost, stolen,

damaged or destroyed.

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

relation to an original licence or summary.

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Duration of licence

 26    Period of validity of premises licence

     (1)    Subject to sections 27 and 28, a premises licence has effect until such time as—

           (a)           it is revoked under section 52, or

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

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     (2)    But a premises licence does not have effect during any period when it is

suspended under section 52.

 27    Death, incapacity, insolvency etc. of licence holder

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

           (a)           dies,

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

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

           (c)           becomes insolvent,

           (d)           is dissolved, or

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

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Licensing Bill [HL]
Part 3 — Premises licences

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     (2)    This section is subject to sections 47 and 50 (which make provision for the

reinstatement of the licence in certain circumstances).

     (3)    For the purposes of this section, an individual becomes insolvent on—

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

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

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           (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—

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

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

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

company, or

           (d)           going into liquidation.

     (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.

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 28    Surrender of premises licence

     (1)    Where the holder of a premises licence wishes to surrender his licence he shall

give written notice to the relevant licensing authority and any person who has

registered an interest in the premises under section 33(6) and the licensing

authority shall not accept such surrender unless satisfied that the person so

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registered duly consents.

     (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.

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     (4)    This section is subject to section 50 (which makes provision for the

reinstatement in certain circumstances of a licence surrendered under this

section).

Provisional statement

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

30

     (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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31(2) or (3)(c).

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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

           (a)           section 54 (form etc. of applications etc.);

           (b)           section 55 (fees to accompany applications etc.).

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

works.

5

     (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,

           (b)           plans of the work being or about to be done at the premises, and

10

           (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

a manner which substantially complies with the schedule of works

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accompanying the application.

 30    Advertisement of application for provisional statement

     (1)    This section applies where an application is made under section 29.

     (2)    The duty to make regulations imposed on the Secretary of State by section 18(5)

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

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section 29 as it applies in relation to an application under section 18.

     (3)    Regulations made under section 18(5)(a) by virtue of subsection (2) may, in

particular, require advertisements to contain a statement in the prescribed

form describing the effect of section 32 (restrictions on representations

following issue of a provisional statement).

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 31    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 30.

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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 19(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

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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                  (ii)                states the authority’s reasons for its decision as to the steps (if

any) that it would be necessary to take under section 19(3)(b).

     (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

5

situated.

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

           (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,

10

and

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

     (6)    The requirements are—

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

authority within the period prescribed under section 18(5)(c) by virtue

15

of section 30,

           (b)           that the representations 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.

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     (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

them of the reasons for its determination.

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

in accordance with section 29.

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 32    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 19(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

 

 

 
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