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| | Short title and chapter | Extent of repeal | | | | | Justices of the Peace Act 1997 | In Schedule 4, in paragraph 17(3), the words “, | | | | | (c. 25) | other than any duties as secretary to a | | | | | | licensing planning committee under Part VII | | | | | | of the Licensing Act 1964”. | | 5 | | | | In Schedule 5, paragraph 7. | | | | | Confiscation of Alcohol (Young | In section 1(1), the words “(other than a sealed | | | | | Persons) Act 1997 (c. 33) | container)”. | | | | | Public Entertainments Licences | The whole Act. | | | | | (Drug Misuse) Act 1997 | | | 10 | | | (c. 49) | | | | | | Access to Justice Act 1999 (c. 22) | In Schedule 10, paragraphs 23 to 29 and 31. | | | | | | In Schedule 11, paragraph 17. | | | | | | In Schedule 13, paragraphs 36 to 56, 61, 62, 87, | | | | | | 124 and 132. | | 15 | | | Greater London Authority Act | In Schedule 29, paragraphs 6, 67, 70 and 71. | | | | | 1999 (c. 29) | | | | | | Licensing (Young Persons) Act | The whole Act. | | | | | 2000 (c. 30) | | | | | | Freedom of Information Act | In Schedule 1, paragraph 17. | | 20 | | | 2000 (c. 36) | | | | | | London Local Authorities Act | Sections 22 to 26. | | | | | 2000 (c. vii) | Schedule 1 | | | | | Criminal Justice and Police Act | In section 1(1), in the Table, the entry relating to | | | | | 2001 (c. 16) | section 169C(3) of the Licensing Act 1964. | | 25 | | | | In section 12(2)(b), the words “(other than a | | | | | | sealed container)”. | | | | | | Section 14(2). | | | | | | In section 16(1), the definition of “intoxicating | | | | | | liquor” and the word “and” immediately | | 30 | | | | following it. | | | | | | Sections 17 and 18. | | | | | | In section 28, the definition of “intoxicating | | | | | | liquor”. | | | | | | Sections 30 to 32. | | 35 | | | | In Schedule 1, paragraphs 7 and 90. | | |
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Schedule 8 | |
Section 197 | |
Transitional provision etc. | |
Part 1 | |
Transitional provision: premises licences | 40 |
Introductory | |
1 (1) In this Part— | |
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“canteen licence” has the same meaning as in section 148 of the 1964 | |
Act (licences for seamen’s canteens); | |
“children’s certificate” has the same meaning as in section 168A of that | |
Act; | |
“existing licence” means— | 5 |
(a) a justices’ licence, | |
(b) a canteen licence, | |
(c) a licence under Schedule 12 to the London Government Act | |
1963 (c. 33) (licensing of public entertainment in Greater | |
London), | 10 |
(d) a licence under the Private Places of Entertainment | |
(Licensing) Act 1967 (c. 19), | |
(e) a licence under the Theatres Act 1968 (c. 54), | |
(f) a licence under the Late Night Refreshment Houses Act | |
1969 (c. 53), | 15 |
(g) a licence under Schedule 1 to the Local Government | |
(Miscellaneous Provisions) Act 1982 (c. 30) (licensing of | |
public entertainments outside Greater London), | |
(h) a licence under section 1 of the Cinemas Act 1985 (c. 13), or | |
(i) a licence under Part 2 of the London Local Authorities Act | 20 |
1990 (c.vii) (night cafe licensing); | |
“existing licensable activities”, under an existing licence, are— | |
(a) the licensable activities authorised by the licence, and | |
(b) any other licensable activities which may be carried on, at | |
the premises in respect of which the licence has effect, by | 25 |
virtue of the existence of the licence (see sub-paragraph (2)); | |
“first appointed day” means such day as may be specified as the first | |
appointed day for the purposes of this Part; | |
“new licence” has the meaning given in paragraph 5(1); | |
“relevant existing licence”, in relation to an application under | 30 |
paragraph 2, means an existing licence to which the application | |
relates; | |
“relevant licensing authority” has the same meaning as in Part 3 of this | |
Act (premises licences); | |
“second appointed day” means such day as may be specified as the | 35 |
second appointed day for the purposes of this Part; and | |
“supply of alcohol” means— | |
(a) sale by retail of alcohol, or | |
(b) supply of alcohol by or on behalf of a club to, or to the order | |
of, a member of the club. | 40 |
(2) In determining, for the purposes of paragraph (b) of the definition of | |
“existing licensable activities”, the other licensable activities which may be | |
carried on by virtue of a licence— | |
(a) section 182 of the 1964 Act (relaxation of law relating to music and | |
dancing licences) is to be disregarded so far as it relates to public | 45 |
entertainment by way of music and singing provided by not more | |
than two performers, and | |
(b) in the case of an existing licence granted under the Theatres Act 1968 | |
(c. 54), the reference in that paragraph to the licence is to be read as | |
including a reference to any notice in force under section 199(c) of the | 50 |
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(b) Licensing Act 1964 (notice of intention to sell alcohol by retail at | |
licensed theatre premises) in relation to that licence. | |
(3) In the application of section 13 (relevant licensing authority in Part 3 of this | |
Act) for the purposes of this Part, the reference in subsection (4)(a) of that | |
section to an applicant for a premises licence is to be read as a reference to | 5 |
an applicant under paragraph 2 for the grant of a licence under paragraph 4. | |
Application for conversion of existing licence | |
2 (1) This paragraph applies where, in respect of any premises, one or more | |
existing licences have effect on the first appointed day. | |
(2) A person may, within the period of six months beginning with the first | 10 |
appointed day, apply to the relevant licensing authority for the grant of a | |
licence under paragraph 5 to succeed one or more of those existing licences. | |
(3) But an application may be made under this paragraph in respect of an | |
existing licence only if— | |
(a) it is held by the applicant, or | 15 |
(b) the holder of the licence consents to the application being made. | |
(4) An application under this paragraph must specify— | |
(a) the existing licensable activities under the relevant existing licence | |
or, if there is more than one, the relevant existing licences, | |
(b) if any relevant existing licence authorises the supply of alcohol, | 20 |
specified information about the person whom the applicant wishes | |
to be the premises supervisor under the licence granted under | |
paragraph 5, and | |
(c) such other information as may be specified. | |
(5) The application must also be in the specified form and accompanied by— | 25 |
(a) the relevant documents, and | |
(b) the specified fee. | |
(6) The relevant documents are— | |
(a) the relevant existing licence or, if there is more than one, each of them | |
(or a certified copy of the licence or licences in question), | 30 |
(b) a plan in the specified form of the premises to which the relevant | |
existing licence or licences relate, | |
(c) if any relevant existing licence authorises the supply of alcohol, any | |
children’s certificate in force in respect of the premises (or a certified | |
copy of any such certificate), | 35 |
(d) a form of consent in the specified form, given by the individual (if | |
any) named in the application in accordance with sub-paragraph | |
(4)(b), | |
(e) a form of consent in the specified form, given by any person who is | |
required to consent to the application under sub-paragraph (3), and | 40 |
(f) such other documents as may be specified. | |
(7) In this paragraph any reference to a certified copy of a document is a | |
reference to a copy of that document certified to be a true copy— | |
(a) in the case of a justices’ licence, children’s certificate or canteen | |
licence, by the chief executive of the licensing justices for the | 45 |
licensing district in which the premises are situated, | |
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(b) in any other case by the chief executive of the local authority which | |
issued the licence, | |
(c) by a solicitor or notary, or | |
(d) by a person of a specified description. | |
(8) A document which purports to be a certified copy of an existing licence or | 5 |
children’s certificate is to be taken to be such a copy, and to comply with the | |
requirements of sub-paragraph (7), unless the contrary is shown. | |
Police consultation | |
3 (1) Where a person makes an application under paragraph 2, he must give a | |
copy of the application (and any documents which accompanied it) to the | 10 |
chief officer of police for the police area (or each police area) in which the | |
premises are situated no later than 48 hours after the application is made. | |
(2) Where— | |
(a) an appeal is pending against a decision to revoke, or to reject an | |
application for the renewal of, the relevant existing licence or, if there | 15 |
is more than one such licence, a relevant existing licence, and | |
(b) a chief officer of police who has received a copy of the application | |
under sub-paragraph (1) is satisfied that converting that existing | |
licence in accordance with this Part would undermine the crime | |
prevention objective, | 20 |
he must give the relevant licensing authority and the applicant a notice to | |
that effect. | |
(3) Where a chief officer of police who has received a copy of an application | |
under sub-paragraph (1) is satisfied that, because of a material change in | |
circumstances since the relevant time, converting the relevant existing | 25 |
licence or, if there is more than one such licence, a relevant existing licence | |
in accordance with this Part would undermine the crime prevention | |
objective, he must give the relevant licensing authority and the applicant a | |
notice to that effect. | |
(4) For this purpose “relevant time” means the time when the relevant existing | 30 |
licence was granted or, if it has been renewed, the last time it was renewed. | |
(5) The chief officer of police may not give a notice under sub-paragraph (2) or | |
(3) after the end of the period of 28 days beginning with the day on which he | |
receives a copy of the application under sub-paragraph (1). | |
Determination of application | 35 |
4 (1) This paragraph applies where an application is made in accordance with | |
paragraph 2 and the applicant complies with paragraph 3(1). | |
(2) Subject to sub-paragraphs (3) and (5), the relevant licensing authority must | |
grant the application. | |
(3) Where a notice is given under paragraph 3(2) or (3) in respect of an existing | 40 |
licence (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 | |
unnecessary, and | |
(b) having regard to the notice— | 45 |
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(i) in a case where the application relates only to that licence, | |
reject the application, and | |
(ii) in any other case, reject the application to the extent that it | |
relates to that licence, | |
if it considers it necessary for the promotion of the crime prevention | 5 |
objective to do so. | |
(4) If the relevant licensing authority fails to determine the application within | |
the period of two months beginning with the day on which it received it, | |
then, subject to sub-paragraph (5), the application is to be treated as granted | |
by the authority under this paragraph. | 10 |
(5) An application must not be granted (and is not to be treated as granted | |
under sub-paragraph (4))— | |
(a) if the relevant existing licence has or, if there is more than one, all the | |
relevant existing licences have ceased to be held by the applicant | |
before the relevant time, or | 15 |
(b) where there is more than one relevant existing licence (but | |
paragraph (a) does not apply), to the extent that the application | |
relates to an existing licence which has ceased to be held by the | |
applicant before the relevant time. | |
(6) For the purposes of sub-paragraph (5)— | 20 |
(a) where, for the purposes of paragraph 2(3)(b) a person has consented | |
to an application being made in respect of a relevant existing licence, | |
sub-paragraph (5)(a) and (b) applies in relation to that licence as if | |
the reference to the applicant were a reference to— | |
(i) that person, or | 25 |
(ii) any other person to whom the existing licence has been | |
transferred and who has given his consent for the purposes | |
of this paragraph, and | |
(b) “the relevant time” is the time of the determination of the application | |
or, in a case within sub-paragraph (4), the end of the period | 30 |
mentioned in that sub-paragraph. | |
(7) Section 11 applies as if the relevant licensing authority’s functions under | |
sub-paragraph (3) were included in the list of functions in subsection (4) of | |
that section (functions which cannot be delegated to an officer of the | |
licensing authority). | 35 |
Notification of determination and issue of new licence | |
5 (1) Where an application is granted (in whole or in part) under paragraph 4, the | |
relevant licensing authority must forthwith— | |
(a) give the applicant a notice to that effect, and | |
(b) issue the applicant with— | 40 |
(i) a licence in respect of the premises (a “new licence”) in | |
accordance with paragraph 6, and | |
(ii) a summary of the new licence. | |
(2) Where an application is rejected (in whole or in part) under paragraph 4, the | |
relevant licensing authority must forthwith give the applicant a notice to | 45 |
that effect stating the authority’s reasons for its decision to reject the | |
application. | |
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(3) The relevant licensing authority must give a copy of any notice it gives | |
under sub-paragraph (1) or (2) to the chief officer of police for the police area | |
(or each police area) in which the premises to which the notice relates are | |
situated. | |
The new licence | 5 |
6 (1) This paragraph applies where a new licence is granted under paragraph 4 in | |
respect of one or more existing licences. | |
(2) Where an application under paragraph 2 is granted in part only, any | |
relevant existing licence in respect of which the application was rejected is | |
to be disregarded for the purposes of the following provisions of this | 10 |
paragraph. | |
(3) The new licence is to be treated as if it were a premises licence (see section | |
12), and sections 20 and 21 (mandatory conditions for premises licences) | |
apply in relation to it accordingly. | |
(4) The new licence takes effect on the second appointed day. | 15 |
(5) The new licence must authorise the premises in question to be used for the | |
existing licensable activities under the relevant existing licence or, if there is | |
more than one relevant existing licence, the relevant existing licences. | |
(6) Subject to sections 20 and 21 and the remaining provisions of this paragraph, | |
the new licence must be granted subject to such conditions as reproduce the | 20 |
effect of— | |
(a) the conditions subject to which the relevant existing licence has effect | |
at the time the application is granted, or | |
(b) if there is more than one relevant existing licence, all the conditions | |
subject to which those licences have effect at that time. | 25 |
(7) Where the new licence authorises the supply of alcohol, the new licence | |
must designate the person named in the application under paragraph 2(4)(b) | |
as the premises supervisor. | |
(8) The new licence must also be granted subject to conditions which reproduce | |
the effect of any restriction imposed on the use of the premises for the | 30 |
existing licensable activities under the relevant existing licence or licences by | |
any enactment specified for the purposes of this Part. | |
(9) In determining those restrictions, the relevant licensing authority must have | |
regard to any children’s certificate which accompanied (or a certified copy | |
of which accompanied) the application and which remains in force. | 35 |
(10) Nothing in sub-paragraph (6) or (8) requires the new licence to be granted | |
for a limited period. | |
(11) But, where the application under paragraph 2 includes a request for the new | |
licence to have effect for a limited period, the new licence is to be granted | |
subject to that condition. | 40 |
Variation of new licence | |
7 (1) A person who makes an application under paragraph 2 may | |
(notwithstanding that no licence has yet been granted in consequence of that | |
application) at the same time apply— | |
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(a) under section 37 for any licence so granted to be varied so as to | |
specify the individual named in the application as the premises | |
supervisor, or | |
(b) under section 34 for any other variation of any such licence, | |
and for the purposes of an application within paragraph (a) or (b) the | 5 |
applicant is to be treated as the holder of that licence. | |
(2) In relation to an application within sub-paragraph (1)(a) or (b), the relevant | |
licensing authority may discharge its functions under section 35 or 36 only | |
if, and when, the application under paragraph 2 has been granted. | |
(3) Where an application within sub-paragraph (1)(a) or (b) is not determined | 10 |
by the relevant licensing authority within the period of two months | |
beginning with the day the application was received by the authority, it is to | |
be treated as having been rejected by the authority under section 35 or 36 (as | |
the case may be) at the end of that period. | |
Existing licence revoked after grant of new licence | 15 |
8 (1) This paragraph applies where the relevant licensing authority grants a new | |
licence under this Part in respect of one or more existing licences. | |
(2) If sub-paragraph (4) applies to the existing licence (or each of the existing | |
licences) which the new licence succeeds, the new licence lapses. | |
(3) If— | 20 |
(a) where the new licence relates to more than one relevant existing | |
licence, sub-paragraph (4) applies to one or more, but not all, of those | |
licences, or | |
(b) sub-paragraph (4) applies to a children’s certificate in respect of the | |
premises, | 25 |
the licensing authority must amend the new licence so as to remove from it | |
any provision which would not have been included in it but for the existence | |
of any existing licence or certificate to which sub-paragraph (4) applies. | |
(4) This sub-paragraph applies to an existing licence or children’s certificate if— | |
(a) it is revoked before the second appointed day, or | 30 |
(b) where an appeal against a decision to revoke it is pending | |
immediately before that day, the appeal is dismissed or abandoned. | |
(5) Any amendment under sub-paragraph (3) takes effect when it is notified to | |
the holder of the new licence by the relevant licensing authority. | |
(6) The relevant licensing authority must give a copy of any notice under sub- | 35 |
paragraph (5) to the chief officer of police for the police area (or each police | |
area) in which the premises to which the new licence relates are situated. | |
Appeals | |
9 (1) Where an application under paragraph 2 is rejected (in whole or in part) by | |
the relevant licensing authority, the applicant may appeal against that | 40 |
decision. | |
(2) Where a licensing authority grants such an application (in whole or in part), | |
any chief officer of police who gave a notice in relation to it under paragraph | |
3(2) or (3) (that was not withdrawn) may appeal against that decision. | |
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