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13 The relevant licensing authority | |
(1) For the purposes of this Part the “relevant licensing authority” in relation to | |
any premises is determined in accordance with this section. | |
(2) Subject to subsection (3), the relevant licensing authority is the authority in | |
whose area the premises are situated. | 5 |
(3) Where the premises are situated in the areas of two or more licensing | |
authorities, the relevant licensing authority is— | |
(a) the licensing authority in whose area the greater or greatest part of the | |
premises is situated, or | |
(b) if there is no authority to which paragraph (a) applies, such one of those | 10 |
authorities as is nominated in accordance with subsection (4). | |
(4) In a case within subsection (3)(b)— | |
(a) an applicant for a premises licence must nominate one of the licensing | |
authorities as the relevant licensing authority in relation to the | |
application and any licence granted as a result of it, and | 15 |
(b) an applicant for a statement under section 29 (provisional statement) in | |
respect of the premises must nominate one of the licensing authorities | |
as the relevant licensing authority in relation to the statement. | |
14 Authorised persons, interested parties and responsible authorities | |
(1) In this Part in relation to any premises each of the following expressions has | 20 |
the meaning given to it by this section— | |
“authorised person”, | |
“interested party”, | |
“responsible authority”. | |
(2) “Authorised person” means any of the following— | 25 |
(a) an officer of a licensing authority in whose area the premises are | |
situated who is authorised by that authority for the purposes of this | |
Act, | |
(b) an inspector appointed under section 18 of the Fire Precautions Act | |
1971 (c. 40), | 30 |
(c) an inspector appointed under section 19 of the Health and Safety at | |
Work etc. Act 1974 (c. 37), | |
(d) an officer of a local authority, in whose area the premises are situated, | |
who is authorised by that authority for the purposes of exercising one | |
or more of its statutory functions in relation to minimising or | 35 |
preventing the risk of pollution of the environment or of harm to | |
human health, | |
(e) in relation to a vessel, an inspector, or a surveyor of ships, appointed | |
under section 256 of the Merchant Shipping Act 1995 (c. 21), | |
(f) a person prescribed for the purposes of this subsection. | 40 |
(3) “Interested party” means any of the following— | |
(a) a person living in the vicinity of the premises, | |
(b) a body representing persons who live in that vicinity, | |
(c) a person involved in a business in that vicinity, | |
(d) a body representing persons involved in such businesses, | 45 |
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(e) the Member of the European Parliament, the Member of Parliament | |
and the local ward councillors for the constituency or ward in which | |
the premises are situated. | |
(4) “Responsible authority” means any of the following— | |
(a) the chief officer of police for any police area in which the premises are | 5 |
situated, | |
(b) the fire authority for any area in which the premises are situated, | |
(c) the enforcing authority within the meaning given by section 18 of the | |
Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the | |
premises are situated, | 10 |
(d) the local planning authority within the meaning given by the Town and | |
Country Planning Act 1990 (c. 8) for any area in which the premises are | |
situated, | |
(e) the local authority for the area in which the premises are situated, | |
(f) any licensing authority, including the relevant licensing authority, in | 15 |
whose area part of the premises is situated, | |
(g) in relation to a vessel— | |
(i) a navigation authority (within the meaning of section 221(1) of | |
the Water Resources Act 1991 (c. 57)) having functions in | |
relation to the waters where the vessel is usually moored or | 20 |
berthed or any waters where it is, or is proposed to be, | |
navigated at a time when it is used for licensable activities, | |
(ii) the Environment Agency, | |
(iii) the British Waterways Board, or | |
(iv) the Secretary of State, | 25 |
(h) a person prescribed for the purposes of this subsection. | |
(5) For the purposes of this section, “statutory function” means a function | |
conferred by or under any enactment. | |
15 Meaning of “supply of alcohol” | |
For the purposes of this Part the “supply of alcohol” means— | 30 |
(a) the sale by retail of alcohol, or | |
(b) the supply of alcohol by or on behalf of a club to, or to the order of, a | |
member of the club. | |
16 Meaning of “designated premises supervisor” | |
(1) In this Act references to the “designated premises supervisor”, in relation to a | 35 |
premises licence, are to the individual for the time being specified in that | |
licence as the premises supervisor. | |
(2) Nothing in this Act prevents an individual who holds a premises licence from | |
also being specified in the licence as the premises supervisor. | |
Grant of premises licence | 40 |
17 Applicant for premises licence | |
(1) The following persons may apply for a premises licence— | |
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(a) a person who carries on, or proposes to carry on, a business which | |
involves the use of the premises for the licensable activities to which the | |
application relates, | |
(b) a person who makes the application pursuant to— | |
(i) any statutory function discharged by that person which relates | 5 |
to those licensable activities, or | |
(ii) any function discharged by that person by virtue of Her | |
Majesty’s prerogative, | |
(c) a recognised club, | |
(d) a charity, | 10 |
(e) the proprietor of an educational institution, | |
(f) a health service body, | |
(g) a person who is registered under Part 2 of the Care Standards Act 2000 | |
(c. 14) in respect of an independent hospital, | |
(h) a member of the armed forces of the Crown who is in command of a | 15 |
naval, military or air force establishment, | |
(i) the chief officer of police of a police force in England and Wales, | |
(j) a person of such other description as may be prescribed. | |
(2) But an individual may not apply for a premises licence unless he is aged 18 or | |
over. | 20 |
(3) In this section— | |
“charity” has the same meaning as in section 96(1) of the Charities Act | |
1993 (c. 10); | |
“educational institution” means— | |
(a) a school, or an institution within the further or higher education | 25 |
sector, within the meaning of section 4 of the Education Act | |
1996 (c. 56), or | |
(b) a college (including any institution in the nature of a college), | |
school, hall or other institution of a university, in circumstances | |
where the university receives financial support under section 65 | 30 |
of the Further and Higher Education Act 1992 (c. 13); | |
“health service body” means— | |
(a) an NHS trust established by virtue of section 5 of the National | |
Health Service and Community Care Act 1990 (c. 19), | |
(b) a Primary Care Trust established by virtue of section 16A of the | 35 |
National Health Service Act 1977 (c. 49), or | |
(c) a Local Health Board established by virtue of section 16BA of | |
that Act; | |
“independent hospital” has the same meaning as in section 2(2) of the | |
Care Standards Act 2000; | 40 |
“proprietor”— | |
(a) in relation to a school within the meaning of section 4 of the | |
Education Act 1996, has the same meaning as in section 579(1) | |
of that Act, and | |
(b) in relation to an educational institution other than such a school, | 45 |
means the governing body of that institution within the | |
meaning of section 90(1) of the Further and Higher Education | |
Act 1992; and | |
“statutory function” means a function conferred by or under any | |
enactment. | 50 |
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18 Application for premises licence | |
(1) An application for a premises licence must be made to the relevant licensing | |
authority. | |
(2) Subsection (1) is subject to regulations under— | |
(a) section 54 (form etc. of applications etc.); | 5 |
(b) section 55 (fees to accompany applications etc.). | |
(3) An application under this section must also be accompanied— | |
(a) by an operating schedule, | |
(b) by a plan of the premises to which the application relates, in the | |
prescribed form, and | 10 |
(c) if the licensable activities to which the application relates (“the relevant | |
licensable activities”) include the supply of alcohol, by a form of | |
consent in the prescribed form given by the individual whom the | |
applicant wishes to have specified in the premises licence as the | |
premises supervisor. | 15 |
(4) An “operating schedule” is a document which is in the prescribed form and | |
includes a statement of the following matters— | |
(a) the relevant licensable activities, | |
(b) the times during which it is proposed that the relevant licensable | |
activities are to take place, | 20 |
(c) any other times during which it is proposed that the premises are to be | |
open to the public, | |
(d) where the applicant wishes the licence to have effect for a limited | |
period, that period, | |
(e) where the relevant licensable activities include the supply of alcohol, | 25 |
prescribed information in respect of the individual whom the applicant | |
wishes to have specified in the premises licence as the premises | |
supervisor, | |
(f) where the relevant licensable activities include the supply of alcohol, | |
whether the supplies are proposed to be for consumption on the | 30 |
premises or off the premises, or both, | |
(g) the steps which it is proposed to take to promote the licensing | |
objectives, | |
(h) such other matters as may be prescribed. | |
(5) The Secretary of State must by regulations— | 35 |
(a) require an applicant to advertise his application within the prescribed | |
period— | |
(i) in the prescribed form, and | |
(ii) in a manner which is prescribed and is likely to bring the | |
application to the attention of the interested parties likely to be | 40 |
affected by it; | |
(b) require an applicant to give notice of his application to each responsible | |
authority, and such other persons as may be prescribed, within the | |
prescribed period; | |
(c) prescribe the period during which interested parties and responsible | 45 |
authorities may make representations to the relevant licensing | |
authority about the application. | |
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