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Variation of licence to specify individual as premises supervisor | |
5 (1) This paragraph applies where an application to vary a premises licence is | |
granted under section 39(2) in a case where a chief officer of police gave a | |
notice under section 37(5) (which was not withdrawn). | |
(2) The chief officer of police may appeal against the decision to grant the | 5 |
application. | |
Transfer of licence | |
6 (1) This paragraph applies where an application to transfer a premises licence | |
is granted under section 44 in a case where a chief officer of police gave a | |
notice under section 42(6) (which was not withdrawn). | 10 |
(2) The chief officer of police may appeal against the decision to grant the | |
application. | |
Interim authority notice | |
7 (1) This paragraph applies where— | |
(a) an interim authority notice is given in accordance with section 47, | 15 |
and | |
(b) a chief officer of police gives a notice under section 48(2) (which is | |
not withdrawn). | |
(2) Where the relevant licensing authority decides to cancel the interim | |
authority notice under subsection (3) of section 48, the person who gave the | 20 |
interim authority notice may appeal against that decision. | |
(3) Where the relevant licensing authority decides not to cancel the notice under | |
that subsection, the chief officer of police may appeal against that decision. | |
(4) Where an appeal is brought under sub-paragraph (2), the court to which it is | |
brought may, on such terms as it thinks fit, order the reinstatement of the | 25 |
interim authority notice pending— | |
(a) the disposal of the appeal, or | |
(b) the expiry of the interim authority period, | |
whichever first occurs. | |
(5) Where the court makes an order under sub-paragraph (4), the premises | 30 |
licence is reinstated from the time the order is made, and section 47 has effect | |
in a case where the appeal is dismissed or abandoned before the end of the | |
interim authority period as if— | |
(a) the reference in subsection (7)(b) to the end of the interim authority | |
period were a reference to the time when the appeal is dismissed or | 35 |
abandoned, and | |
(b) the reference in subsection (9)(a) to the interim authority period were | |
a reference to that period disregarding the part of it which falls after | |
that time. | |
(6) In this paragraph “interim authority period” has the same meaning as in | 40 |
section 47. | |
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Review of premises licence | |
8 (1) This paragraph applies where an application for a review of a premises | |
licence is decided under section 52. | |
(2) An appeal may be made against that decision by— | |
(a) the applicant for the review, | 5 |
(b) the holder of the premises licence, or | |
(c) any other person who made relevant representations in relation to | |
the application. | |
(3) In sub-paragraph (2) “relevant representations” has the meaning given in | |
section 52(7). | 10 |
General provision about appeals under this Part | |
9 (1) An appeal under this Part must be made to the magistrates’ court for the | |
petty sessions area (or any such area) in which the premises concerned are | |
situated. | |
(2) An appeal under this Part must be commenced by notice of appeal given by | 15 |
the appellant to the justices’ chief executive for the magistrates’ court within | |
the period of 21 days beginning with the day on which the appellant was | |
notified by the licensing authority of the decision appealed against. | |
(3) On an appeal under paragraph 2(3), 3(2)(b), 4(3), 5(2), 6(2) or 8(2)(a) or (c), | |
the holder of the premises licence is to be the respondent in addition to the | 20 |
licensing authority. | |
(4) On an appeal under paragraph 7(3), the person who gave the interim | |
authority notice is to be the respondent in addition to the licensing authority. | |
Part 2 | |
Club premises certificates | 25 |
Rejection of applications relating to club premises certificates | |
10 Where a licensing authority— | |
(a) rejects an application for a club premises certificate under section 72, | |
or | |
(b) rejects (in whole or in part) an application to vary a club premises | 30 |
certificate under section 83, | |
the club that made the application may appeal against the decision. | |
Decision to grant club premises certificate or impose conditions etc. | |
11 (1) This paragraph applies where a licensing authority grants a club premises | |
certificate under section 72. | 35 |
(2) The club holding the certificate may appeal against any decision— | |
(a) to impose conditions on the certificate under subsection (2) or (3)(b) | |
of that section, or | |
(b) to take any step mentioned in subsection (4)(b) of that section | |
(exclusion of qualifying club activity). | 40 |
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(3) Where a person who made relevant representations in relation to the | |
application desires to contend— | |
(a) that the certificate ought not to have been granted, or | |
(b) that, on granting the certificate, the licensing authority ought to have | |
imposed different or additional conditions, or to have taken a step | 5 |
mentioned in subsection (4)(b) of that section, | |
he may appeal against the decision. | |
(4) In sub-paragraph (3) “relevant representations” has the meaning given in | |
section 72(6). | |
Variation of club premises certificate | 10 |
12 (1) This paragraph applies where an application to vary a club premises | |
certificate is granted (in whole or in part) under section 83. | |
(2) The club may appeal against any decision to modify the conditions of the | |
certificate under subsection (3)(b) of that section. | |
(3) Where a person who made relevant representations in relation to the | 15 |
application desires to contend— | |
(a) that any variation ought not to have been made, or | |
(b) that, when varying the certificate, the licensing authority ought not | |
to have modified the conditions of the certificate, or ought to have | |
modified them in a different way, under subsection (3)(b) of that | 20 |
section, | |
he may appeal against the decision. | |
(4) In sub-paragraph (3) “relevant representations” has the meaning given in | |
section 83(5). | |
Review of club premises certificate | 25 |
13 (1) This paragraph applies where an application for a review of a club premises | |
certificate is decided under section 86. | |
(2) An appeal may be made against that decision by— | |
(a) the applicant for the review, | |
(b) the club that holds or held the club premises certificate, or | 30 |
(c) any other person who made relevant representations in relation to | |
the application. | |
(3) In sub-paragraph (2) “relevant representations” has the meaning given in | |
section 86(6). | |
Withdrawal of club premises certificate | 35 |
14 Where the relevant licensing authority gives notice withdrawing a club | |
premises certificate under section 88, the club which holds or held the | |
certificate may appeal against the decision to withdraw it. | |
General provision about appeals under this Part | |
15 (1) An appeal under this Part must be made to the magistrates’ court for the | 40 |
petty sessions area (or any such area) in which the premises concerned are | |
situated. | |
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(2) An appeal under this Part must be commenced by notice of appeal given by | |
the appellant to the justices’ chief executive for the magistrates’ court within | |
the period of 21 days beginning with the day on which the appellant was | |
notified by the licensing authority of the decision appealed against. | |
(3) On an appeal under paragraph 11(3), 12(3) or 13(2)(a) or (c), the club that | 5 |
holds or held the club premises certificate is to be the respondent in addition | |
to the licensing authority. | |
Part 3 | |
Other appeals | |
Temporary event notices | 10 |
16 (1) This paragraph applies where— | |
(a) a temporary event notice is given under section 98, and | |
(b) a chief officer of police gives an objection notice in accordance with | |
section 102(2). | |
(2) Where the relevant licensing authority gives a counter notice under section | 15 |
103(3), the premises user may appeal against that decision. | |
(3) Where that authority decides not to give such a counter notice, the chief | |
officer of police may appeal against that decision. | |
(4) An appeal under this paragraph must be made to the magistrates’ court for | |
the petty sessions area (or any such area) in which the premises concerned | 20 |
are situated. | |
(5) An appeal under this paragraph must be commenced by notice of appeal | |
given by the appellant to the justices’ chief executive for the magistrates’ | |
court within the period of 21 days beginning with the day on which the | |
appellant was notified by the licensing authority of the decision appealed | 25 |
against. | |
(6) But no appeal may be brought later than five working days before the day | |
on which the event period specified in the temporary event notice begins. | |
(7) On an appeal under sub-paragraph (3), the premises user is to be the | |
respondent in addition to the licensing authority. | 30 |
(8) In this paragraph— | |
“objection notice” has the same meaning as in section 102; and | |
“relevant licensing authority” has the meaning given in section 97. | |
Personal licences | |
17 (1) Where a licensing authority— | 35 |
(a) rejects an application for the grant of a personal licence under section | |
118, or | |
(b) rejects an application for the renewal of a personal licence under | |
section 119, | |
the applicant may appeal against that decision. | 40 |
(2) Where a licensing authority grants an application for a personal licence | |
under section 118(7), the chief officer of police who gave the objection notice | |
(within the meaning of section 118(5)) may appeal against that decision. | |
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(3) Where a licensing authority grants an application for the renewal of a | |
personal licence under section 119(6), the chief officer of police who gave the | |
objection notice (within the meaning of section 119(3)) may appeal against | |
that decision. | |
(4) Where a licensing authority revokes a personal licence under section 122(4), | 5 |
the holder of the licence may appeal against that decision. | |
(5) Where in a case to which section 122 (convictions coming to light after grant | |
or renewal) applies— | |
(a) the chief officer of police for the licensing authority’s area gives a | |
notice under subsection (3) of that section (and does not later | 10 |
withdraw it), and | |
(b) the licensing authority decides not to revoke the licence, | |
the chief officer of police may appeal against the decision. | |
(6) An appeal under this paragraph must be made to the magistrates’ court for | |
a petty sessions area in which the licensing authority’s area (or any part of | 15 |
it) is situated. | |
(7) An appeal under this paragraph must be commenced by notice of appeal | |
given by the appellant to the justices’ chief executive for the magistrates’ | |
court within the period of 21 days beginning with the day on which the | |
appellant was notified by the licensing authority of the decision appealed | 20 |
against. | |
(8) On an appeal under sub-paragraph (2), (3) or (5), the holder of the personal | |
licence is to be the respondent in addition to the licensing authority. | |
(9) Sub-paragraph (10) applies where the holder of a personal licence gives | |
notice of appeal against a decision of a licensing authority to refuse to renew | 25 |
it. | |
(10) The relevant licensing authority, or the magistrates’ court to which the | |
appeal has been made, may, on such conditions as it thinks fit— | |
(a) order that the licence is to continue in force until the relevant time, if | |
it would otherwise cease to have effect before that time, or | 30 |
(b) where the licence has already ceased to have effect, order its | |
reinstatement until the relevant time. | |
(11) In sub-paragraph (10) “the relevant time” means— | |
(a) the time the appeal is dismissed or abandoned, or | |
(b) where the appeal is allowed, the time the licence is renewed. | 35 |
Closure orders | |
18 (1) This paragraph applies where, on a review of a premises licence under | |
section 166, the relevant licensing authority decides under subsection (5)(b) | |
of that section— | |
(a) to take any of the steps mentioned in subsection (5) of that section, in | 40 |
relation to a premises licence for those premises, or | |
(b) not to take any such step. | |
(2) An appeal may be made against that decision by— | |
(a) the holder of the premises licence, or | |
(b) any other person who made relevant representations in relation to | 45 |
the review. | |
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(3) Where an appeal is made under this paragraph against a decision to take any | |
of the steps mentioned in section 166(6)(a) to (d) (modification of licence | |
conditions etc.), the appropriate magistrates’ court may in a case within | |
section 167(3) (premises closed when decision taken)— | |
(a) if the relevant licensing authority has not made an order under | 5 |
section 167(5) (order suspending operation of decision in whole or | |
part), make any order under section 167(5) that could have been | |
made by the relevant licensing authority, or | |
(b) if the authority has made such an order, cancel it or substitute for it | |
any order which could have been made by the authority under | 10 |
section 167(5). | |
(4) Where an appeal is made under this paragraph in a case within section | |
167(6) (premises closed when decision to revoke made to remain closed | |
pending appeal), the appropriate magistrates court may, on such conditions | |
as it thinks fit, order that section 167(7) (premises to remain closed pending | 15 |
appeal) is not to apply to the premises. | |
(5) An appeal under this paragraph must be commenced by notice of appeal | |
given by the appellant to the justices’ chief executive for the magistrates’ | |
court within the period of 21 days beginning with the day on which the | |
appellant was notified by the relevant licensing authority of the decision | 20 |
appealed against. | |
(6) On an appeal under this paragraph by a person other than the holder of the | |
premises licence, that holder is to be the respondent in addition to the | |
licensing authority that made the decision. | |
(7) In this paragraph— | 25 |
“appropriate magistrates’ court” means the magistrates court for the | |
petty sessions area (or any such area) in which the premises | |
concerned are situated; | |
“relevant licensing authority” has the same meaning as in Part 3 of this | |
Act; and | 30 |
“relevant representations” has the meaning given in section 166(9). | |
Schedule 6 | |
Section 195 | |
Minor and consequential amendments | |
Universities (Wine Licences) Act 1743 (c. 40) | |
1 The Universities (Wine Licences) Act 1743 ceases to have effect. | 35 |
Disorderly Houses Act 1751 (c. 36) | |
2 The Disorderly Houses Act 1751 does not apply in relation to relevant | |
premises within the meaning of section 158 of the Licensing Act 2003. | |
Sunday Observance Act 1780 (c. 49) | |
3 The Sunday Observance Act 1780 ceases to have effect. | 40 |
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Town Police Clauses Act 1847 (c. 89) | |
4 Section 35 of the Town Police Clauses Act 1847 (harbouring thieves or | |
prostitutes at a public venue) ceases to have effect. | |
Cambridge Award Act 1856 (c. xvii) | |
5 The following provisions of the Cambridge Award Act 1856 cease to have | 5 |
effect— | |
(a) section 9 (revocation of alehouse licence by justice of the peace | |
following complaint by Vice Chancellor of the University), and | |
(b) section 11 (power to grant wine licence, etc. to remain vested in the | |
Chancellor, Masters and Scholars of the University). | 10 |
Inebriates Act 1898 (c. 60) | |
6 In the First Schedule to the Inebriates Act 1898 (offences by reference to | |
which section 6 of the Licensing Act 1902 operates)— | |
(a) omit the entry relating to section 18 of the Licensing Act 1872 and the | |
entry relating to section 41 of the Refreshment Houses Act 1860, and | 15 |
(b) after the entries relating to the Merchant Shipping Act 1894 insert— | |
| | “Failing to leave licensed | Licensing Act 2003, s 141.” | | | | | premises, etc. when asked to do | | | | | | so. | | | | | | Entering, or attempting to enter, | | | 20 | | | licensed premises, etc. when | | | | | | asked not to do so. | | | |
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Licensing Act 1902 (c. 28) | |
7 The Licensing Act 1902 is amended as follows. | |
8 (1) Section 6 (prohibition of sale of alcohol to person declared by the court to be | 25 |
a habitual drunkard) is amended as follows. | |
(2) For subsection (2) substitute— | |
“(2) Subsections (2A) to (2C) apply where a court, in pursuance of this | |
Act, orders notice of a conviction to be sent to a police authority. | |
(2A) The court shall inform the convicted person that the notice is to be | 30 |
sent to a police authority. | |
(2B) The convicted person commits an offence if, within the three year | |
period, he buys or obtains, or attempts to buy or obtain, alcohol on | |
relevant premises. | |
(2C) A person to whom subsection (2D) applies commits an offence if, | 35 |
within the three year period, he knowingly— | |
(a) sells, supplies or distributes alcohol on relevant premises, or | |
(b) allows the sale, supply or distribution of alcohol on relevant | |
premises, | |
to, or for consumption by, the convicted person. | 40 |
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