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(b) there has been no material change in circumstances relating either to | |
the relevant premises or to the area in the vicinity of those premises | |
since the provisional statement was made. | |
Duty to notify certain changes | |
33 Notification of change of name or address | 5 |
(1) The holder of a premises licence must, as soon as is reasonably practicable, | |
notify the relevant licensing authority of any change in— | |
(a) his name or address, | |
(b) unless the designated premises supervisor has already notified the | |
authority under subsection (4), the name or address of that supervisor. | 10 |
(2) Subsection (1) is subject to regulations under section 55(1) (fee to accompany | |
application). | |
(3) A notice under subsection (1) must also be accompanied by the premises | |
licence (or the appropriate part of the licence) or, if that is not practicable, by a | |
statement of the reasons for the failure to produce the licence (or part). | 15 |
(4) Where the designated premises supervisor under a premises licence is not the | |
holder of the licence, he may notify the relevant licensing authority under this | |
subsection of any change in his name or address. | |
(5) Where the designated premises supervisor gives a notice under subsection (4), | |
he must, as soon as is reasonably practicable, give the holder of the premises | 20 |
licence a copy of that notice. | |
(6) Upon the application of any person who has an estate or interest in the | |
premises whether as owner or lessee, prior or paramount to that of the | |
occupier, the relevant licensing authority shall enter the name and address of | |
that person and the nature of such interest upon the register of licences, subject | 25 |
to the payment of such fee as shall be prescribed. | |
(7) It shall be the duty of the relevant licensing authority as soon as reasonably | |
practicable to notify any person registered under the preceding subsection of | |
any matter entered in the licensing register under section 9(1)(c), save for | |
notices recorded under paragraphs (b), (g), (h), (m), (r), (s), (t), (u), (v), (w), (x), | 30 |
or (y) of Schedule 3. | |
(8) A person commits an offence if he fails, without reasonable excuse, to comply | |
with this section. | |
(9) A person guilty of an offence under subsection (8) is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | 35 |
Variation of licences | |
34 Application to vary premises licence | |
(1) The holder of a premises licence may apply to the relevant licensing authority | |
for variation of the licence. | |
(2) Subsection (1) is subject to regulations under— | 40 |
(a) section 54 (form etc. of applications etc.); | |
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(b) section 55 (fees to accompany applications etc.). | |
(3) An application under this section must also be accompanied by the premises | |
licence (or the appropriate part of that licence) or, if that is not practicable, by | |
a statement of the reasons for the failure to provide the licence (or part). | |
(4) This section does not apply to an application within section 37(1) (application | 5 |
to vary licence to specify individual as premises supervisor). | |
(5) The duty to make regulations imposed on the Secretary of State by subsection | |
(5) of section 18 (advertisement etc. of application) applies in relation to | |
applications under this section as it applies in relation to applications under | |
that section. | 10 |
35 Determination of application under section 34 | |
(1) This section applies where the relevant licensing authority— | |
(a) receives an application, made in accordance with section 34, to vary a | |
premises licence, and | |
(b) is satisfied that the applicant has complied with any requirement | 15 |
imposed on him by virtue of subsection (5) of that section. | |
(2) Subject to subsection (3) and section 36(6), the authority must grant the | |
application. | |
(3) Where relevant representations are made, the authority must— | |
(a) hold a hearing to consider them, unless the authority, the applicant and | 20 |
each person who has made such representations agree that a hearing is | |
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. | 25 |
(4) The steps are— | |
(a) to modify the conditions of the licence; | |
(b) to reject the whole or part of the application; | |
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. | 30 |
(5) In this section “relevant representations” means representations which— | |
(a) are about the likely effect of the grant of the application on the | |
promotion of the licensing objectives, and | |
(b) meet the requirements of subsection (6). | |
(6) The requirements are— | 35 |
(a) that the representations are made by an interested party or responsible | |
authority within the period prescribed under section 18(5)(c) by virtue | |
of section 34(5), | |
(b) that they have not been withdrawn, and | |
(c) in the case of representations made by an interested party (who is not | 40 |
also a responsible authority), that they are not, in the opinion of the | |
relevant licensing authority, frivolous or vexatious. | |
(7) Subsections (2) and (3) are subject to sections 20 and 21 (which require certain | |
conditions to be included in premises licences). | |
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36 Supplementary provision about determinations under section 35 | |
(1) Where an application (or any part of an application) is granted under section | |
35, the relevant licensing authority must forthwith give a notice to that effect | |
to— | |
(a) the applicant, | 5 |
(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. | |
(2) Where relevant representations were made in respect of the application, the | 10 |
notice under subsection (1) must state the authority’s reasons for its decision as | |
to the steps (if any) to take under section 35(3)(b). | |
(3) The notice under subsection (1) must specify the time when the variation in | |
question takes effect. | |
That time is the time specified in the application or, if that time is before the | 15 |
applicant is given that notice, such later time as the relevant licensing authority | |
specifies in the notice. | |
(4) Where an application (or any part of an application) is rejected under section | |
35, the relevant licensing authority must forthwith give a notice to that effect | |
stating its reasons for rejecting the application to— | 20 |
(a) the applicant, | |
(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. | 25 |
(5) Where the relevant licensing authority determines for the purposes of section | |
35(6)(c) that any representations are frivolous or vexatious, it must notify the | |
person who made them of the reasons for that determination. | |
(6) A licence may not be varied under section 35 so as— | |
(a) to extend the period for which the licence has effect, or | 30 |
(b) to vary substantially the premises to which it relates. | |
(7) In discharging its duty under subsection (2) or (3) of that section, a licensing | |
authority may vary a premises licence so that it has effect subject to different | |
conditions in respect of— | |
(a) different parts of the premises concerned; | 35 |
(b) different licensable activities. | |
(8) In this section “relevant representations” has the meaning given in section | |
35(5). | |
37 Application to vary licence to specify individual as premises supervisor | |
(1) The holder of a premises licence which authorises the supply of alcohol may | 40 |
apply to vary the licence so as to specify the individual named in the | |
application (“the proposed individual”) as the premises supervisor. | |
(2) Subsection (1) is subject to regulations under— | |
(a) section 54 (form etc. of applications etc.); | |
(b) section 55 (fees to accompany applications etc.). | 45 |
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(3) An application under this section must also be accompanied by— | |
(a) a form of consent in the prescribed form given by the proposed | |
individual, and | |
(b) the premises licence (or the appropriate part of that licence) or, if that is | |
not practicable, a statement of the reasons for the failure to provide the | 5 |
licence (or part). | |
(4) The holder of the premises licence must give notice of his application— | |
(a) to the chief officer of police for the police area (or each police area) in | |
which the premises are situated, and | |
(b) to the designated premises supervisor (if there is one), | 10 |
and that notice must state whether the application is one to which section 38 | |
applies. | |
(5) Where a chief officer of police notified under subsection (4) is satisfied that the | |
exceptional circumstances of the case are such that granting the application | |
would undermine the crime prevention objective, he must give the relevant | 15 |
licensing authority a notice stating the reasons why he is so satisfied. | |
(6) The chief officer of police must give that notice within the period of 14 days | |
beginning with the day on which he is notified of the application under | |
subsection (4). | |
38 Circumstances in which section 37 application given interim effect | 20 |
(1) This section applies where an application made in accordance with section 37 | |
includes a request that the variation applied for should have immediate effect. | |
(2) By virtue of this section, the premises licence has effect during the application | |
period as if it were varied in the manner set out in the application. | |
(3) For this purpose “the application period” means the period which— | 25 |
(a) begins when the application is received by the relevant licensing | |
authority, and | |
(b) ends— | |
(i) if the application is granted, when the variation takes effect, | |
(ii) if the application is rejected, at the time the rejection is notified | 30 |
to the applicant, or | |
(iii) if the application is withdrawn before it is determined, at the | |
time of the withdrawal. | |
39 Determination of section 37 application | |
(1) This section applies where an application is made, in accordance with section | 35 |
37, to vary a premises licence so as to specify a new premises supervisor (“the | |
proposed individual”). | |
(2) Subject to subsection (3), the relevant licensing authority must grant the | |
application. | |
(3) Where a notice is given under section 37(5) (and not withdrawn), the authority | 40 |
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 | |
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(b) having regard to the notice, reject the application if it considers it | |
necessary for the promotion of the crime prevention objective to do so. | |
(4) Where an application under section 37 is granted or rejected, the relevant | |
licensing authority must give a notice to that effect to— | |
(a) the applicant, | 5 |
(b) the proposed individual, and | |
(c) the chief officer of police for the police area (or each police area) in | |
which the premises are situated. | |
(5) Where a chief officer of police gave a notice under subsection (5) of that section | |
(and it was not withdrawn), the notice under subsection (4) of this section must | 10 |
state the authority’s reasons for granting or rejecting the application. | |
(6) Where the application is granted, the notice under subsection (4) must specify | |
the time when the variation takes effect. | |
That time is the time specified in the application or, if that time is before the | |
applicant is given that notice, such later time as the relevant licensing authority | 15 |
specifies in the notice. | |
40 Duty of applicant following determination under section 39 | |
(1) Where the holder of a premises licence is notified under section 39(4), he must | |
forthwith— | |
(a) if his application has been granted, notify the person (if any) who has | 20 |
been replaced as the designated premises supervisor of the variation, | |
and | |
(b) if his application has been rejected, give the designated premises | |
supervisor (if any) notice to that effect. | |
(2) A person commits an offence if he fails, without reasonable excuse, to comply | 25 |
with subsection (1). | |
(3) A person guilty of an offence under subsection (2) is liable on summary | |
conviction to a fine not exceeding level 3 on the standard scale. | |
41 Request to be removed as designated premises supervisor | |
(1) Where an individual wishes to cease being the designated premises supervisor | 30 |
in respect of a premises licence, he may give the relevant licensing authority a | |
notice to that effect. | |
(2) Subsection (1) is subject to regulations under section 54 (form etc. of notices | |
etc.). | |
(3) Where the individual is the holder of the premises licence, the notice under | 35 |
subsection (1) must also be accompanied by the premises licence (or the | |
appropriate part of the licence) or, if that is not practicable, by a statement of | |
the reasons for the failure to provide the licence (or part). | |
(4) In any other case, the individual must no later than 48 hours after giving the | |
notice under subsection (1) give the holder of the premises licence— | 40 |
(a) a copy of that notice, and | |
(b) a notice directing the holder to send to the relevant licensing authority | |
within 14 days of receiving the notice— | |
(i) the premises licence (or the appropriate part of the licence), or | |
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(ii) if that is not practicable, a statement of the reasons for the failure | |
to provide the licence (or part). | |
(5) A person commits an offence if he fails, without reasonable excuse, to comply | |
with a direction given to him under subsection (4)(b). | |
(6) A person guilty of an offence under subsection (5) is liable on summary | 5 |
conviction to a fine not exceeding level 3 on the standard scale. | |
(7) Where an individual— | |
(a) gives the relevant licensing authority a notice in accordance with this | |
section, and | |
(b) satisfies the requirements of subsection (3) or (4), | 10 |
he is to be treated for the purposes of this Act as if, from the relevant time, he | |
were not the designated premises supervisor. | |
(8) For this purpose “the relevant time” means— | |
(a) the time the notice under subsection (1) is received by the relevant | |
licensing authority, or | 15 |
(b) if later, the time specified in the notice. | |
Transfer of premises licence | |
42 Application for transfer of premises licence | |
(1) Subject to this section, any person mentioned in section 17(1) (applicant for | |
premises licence) may apply to the relevant licensing authority for the transfer | 20 |
of a premises licence to him. | |
(2) Where the applicant is an individual he must be aged 18 or over. | |
(3) Subsection (1) is subject to regulations under— | |
(a) section 54 (form etc. of applications etc.); | |
(b) section 55 (fees to accompany applications etc.). | 25 |
(4) An application under this section must also be accompanied by the premises | |
licence or, if that is not practicable, a statement of the reasons for the failure to | |
provide the licence. | |
(5) The applicant must give notice of his application to the chief officer of police | |
for the police area (or each police area) in which the premises are situated. | 30 |
(6) Where a chief officer of police notified under subsection (5) is satisfied that the | |
exceptional circumstances of the case are such that granting the application | |
would undermine the crime prevention objective, he must give the relevant | |
licensing authority a notice stating the reasons why he is so satisfied. | |
(7) The chief officer of police must give that notice within the period of 14 days | 35 |
beginning with the day on which he is notified of the application under | |
subsection (5). | |
43 Circumstances in which transfer application given interim effect | |
(1) Where— | |
(a) an application made in accordance with section 42 includes a request | 40 |
that the transfer have immediate effect, and | |
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(b) the requirements of this section are met, | |
then, by virtue of this section, the premises licence has effect during the | |
application period as if the applicant were the holder of the licence. | |
(2) For this purpose “the application period” means the period which— | |
(a) begins when the application is received by the relevant licensing | 5 |
authority, and | |
(b) ends— | |
(i) when the licence is transferred following the grant of the | |
application, or | |
(ii) if the application is rejected, when the applicant is notified of | 10 |
the rejection, or | |
(iii) when the application is withdrawn. | |
(3) Subject to subsections (4) and (5), an application within subsection (1)(a) may | |
be made only with the consent of the holder of the premises licence. | |
(4) Where a person is the holder of the premises licence by virtue of an interim | 15 |
authority notice under section 47, such an application may also be made by that | |
person. | |
(5) The relevant licensing authority must exempt the applicant from the | |
requirement to obtain the holder’s consent if the applicant shows to the | |
authority’s satisfaction— | 20 |
(a) that he has taken all reasonable steps to obtain that consent, and | |
(b) that, if the application were one to which subsection (1) applied, he | |
would be in a position to use the premises during the application | |
period for the licensable activity or activities authorised by the | |
premises licence. | 25 |
(6) Where the relevant licensing authority refuses to exempt an applicant under | |
subsection (5), it must notify the applicant of its reasons for that decision. | |
44 Determination of transfer application | |
(1) This section applies where an application for the transfer of a licence is made | |
in accordance with section 42. | 30 |
(2) Subject to subsections (3) and (5), the authority must transfer the licence in | |
accordance with the application. | |
(3) The authority must reject the application if none of the conditions in subsection | |
(4) applies. | |
(4) The conditions are— | 35 |
(a) that section 43(1) (applications given interim effect) applies to the | |
application, | |
(b) that the holder of the premises licence consents to the transfer, or | |
(c) that the applicant is exempted from the requirement to obtain the | |
holder’s consent to the transfer under subsection (6). | 40 |
(5) Where a notice is given under section 42(6) (and not withdrawn), and | |
subsection (3) above does not apply, 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 | 45 |
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