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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 | 5 |
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 | 10 |
(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 | 15 |
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— | 20 |
(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 | 25 |
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. | 30 |
(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— | 35 |
(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 | 40 |
(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), | |
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(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 | 5 |
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 | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
(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 | 30 |
(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— | 35 |
(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 | 40 |
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). | 45 |
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(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 | 5 |
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. | 10 |
(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 | 15 |
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 | 20 |
(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 | 25 |
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, | 30 |
(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 | 35 |
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 | 40 |
to— | |
(a) specify the name and address of the holder; | |
(b) include a plan of the premises to which the licence relates; | |
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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. | 10 |
(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. | 20 |
(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. | 25 |
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. | 30 |
(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, | 35 |
(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. | 40 |
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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 | 5 |
(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, | 10 |
(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. | 15 |
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 | 20 |
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. | 25 |
(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). | 35 |
(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 | 40 |
31(2) or (3)(c). | |
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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 | 15 |
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 | 20 |
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). | 25 |
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. | 30 |
(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 | 35 |
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 | 40 |
form described in the provisional statement application, and | |
(c) issue the applicant with a statement which— | |
(i) gives details of that determination, and | |
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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. | 20 |
(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. | 25 |
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 | 30 |
(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 | 35 |
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 | 40 |
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 | 45 |
failed to do so, without reasonable excuse, and | |
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