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(3) Where a licence is amended under paragraph 8, the holder of the licence may | |
appeal against that decision. | |
(4) Section 176 and paragraph 9(1) and (2) of Schedule 5 (general provision | |
about appeals against decisions under Part 3 of this Act) apply in relation to | |
appeals under this paragraph as they apply in relation to appeals under Part | 5 |
1 of that Schedule. | |
(5) Paragraph 9(3) of that Schedule applies in relation to an appeal under sub- | |
paragraph (2). | |
False statements | |
10 (1) A person commits an offence if he knowingly or recklessly makes a false | 10 |
statement in or in connection with an application under paragraph 2. | |
(2) For the purposes of sub-paragraph (1) a person is to be treated as making a | |
false statement if he produces, furnishes, signs or otherwise makes use of a | |
document that contains a false statement. | |
(3) A person guilty of an offence under this section is liable on summary | 15 |
conviction to a fine not exceeding level 5 on the standard scale. | |
Opening hours | |
11 (1) This paragraph applies where— | |
(a) within such period (of not less than six months) as may be specified, | |
the holder of a justices’ licence for any premises applies, in | 20 |
accordance with Part 3 of this Act, for the grant of a premises licence | |
in respect of those premises, and | |
(b) the licence, if granted in the form applied for, would authorise the | |
sale by retail of alcohol. | |
(2) In determining the application for the premises licence under section 18, the | 25 |
relevant licensing authority may not, by virtue of subsection (3)(b) of that | |
section, grant the licence subject to conditions which prevent the sale of | |
alcohol on the premises during the permitted hours. | |
(3) But sub-paragraph (2) does not apply where— | |
(a) there has been a material change in circumstances since the relevant | 30 |
time, and | |
(b) the relevant representations made in respect of the application | |
include representations made by the chief officer of police for the | |
police area (or any police area) in which the premises are situated | |
advocating that, for the purposes of promoting the crime prevention | 35 |
objective, the premises licence ought to authorise the sale of alcohol | |
during more restricted hours than the permitted hours. | |
(4) In this paragraph— | |
“permitted hours” means the permitted hours during which the | |
holder of the justices’ licence is permitted to sell alcohol on the | 40 |
premises under Part 3 of the 1964 Act; | |
“relevant representations” has the meaning given in section 18(6); and | |
“relevant time” means the time when the justices’ licence was granted | |
or, if it has been renewed, the last time it was renewed. | |
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Provisional licences | |
12 (1) Where— | |
(a) during such period as may be specified the relevant licensing | |
authority receives an application in accordance with Part 3 of this Act | |
for the grant of a premises licence in respect of any premises (“the | 5 |
relevant premises”), | |
(b) under section 6 of the 1964 Act, a provisional grant of a justices’ | |
licence has been made for— | |
(i) the relevant premises or a part of them, or | |
(ii) premises that are substantially the same as the relevant | 10 |
premises or a part of them, and | |
(c) the conditions of sub-paragraph (2) are satisfied, | |
the licensing authority must have regard to the provisional grant of the | |
justices’ licence when determining the application for the grant of the | |
premises licence. | 15 |
(2) The conditions are— | |
(a) that the provisional grant of the justices’ licence has not been | |
declared final, and | |
(b) that the premises to which the provisional grant relates have been | |
completed in a manner which substantially complies with the plans | 20 |
deposited under the 1964 Act or, as the case may be, with those plans | |
with modifications consented to under section 6(3) of that Act. | |
Part 2 | |
Transitional provision: club premises certificates | |
Introductory | 25 |
13 (1) In this Part— | |
“existing club certificate” means a certificate held by a club under Part | |
2 of the 1964 Act for any premises; | |
“existing qualifying club activities” means the qualifying club | |
activities authorised by the relevant existing club certificate in | 30 |
respect of those premises; | |
“first appointed day” means such day as may be specified as the first | |
appointed day for the purposes of this Part; | |
“relevant existing club certificate”, in relation to an application under | |
paragraph 14, means the existing club certificate to which the | 35 |
application relates; | |
“relevant licensing authority” has the same meaning as in Part 4 of this | |
Act (club premises certificates); and | |
“second appointed day” means such day as may be specified as the | |
second appointed day for the purposes of this Part. | 40 |
(2) In the application of section 67 (relevant licensing authority in Part 4 of this | |
Act) for the purposes of this Part, the reference in subsection (4) of that | |
section to an applicant for a club premises certificate is to be read as a | |
reference to an applicant under paragraph 14 for the grant of a certificate | |
under paragraph 16. | 45 |
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Application for conversion of existing club certificate | |
14 (1) This paragraph applies where, in respect of any premises, a club holds an | |
existing club certificate on the first appointed day. | |
(2) The club may, within the period of six months beginning with the first | |
appointed day, apply to the relevant licensing authority for the grant of a | 5 |
certificate under paragraph 16 to succeed the existing club certificate so far | |
as it relates to those premises. | |
(3) An application under this Part must specify the existing qualifying club | |
activities and such other information as may be specified. | |
(4) The application must also be in the specified form and accompanied by— | 10 |
(a) the relevant documents, and | |
(b) the specified fee. | |
(5) The relevant documents are— | |
(a) the relevant existing club certificate (or a certified copy of it), | |
(b) a plan in the specified form of the premises to which that certificate | 15 |
relates, and | |
(c) such other documents as may be specified. | |
(6) 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) by the chief executive of the licensing justices for the licensing district | 20 |
in which the premises are situated, | |
(b) by a solicitor or notary, or | |
(c) by a person of a specified description. | |
(7) A document which purports to be a certified copy of an existing club | |
certificate is to be taken to be such a copy, and to comply with the | 25 |
requirements of sub-paragraph (6), unless the contrary is shown. | |
Police consultation | |
15 (1) Where a person makes an application under paragraph 14, he must give a | |
copy of the application (and any documents which accompany it) to the | |
chief officer of police for the police area (or each police area) in which the | 30 |
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 club certificate, | |
and | 35 |
(b) a chief officer of police who has received a copy of the application | |
under sub-paragraph (1) is satisfied that converting that existing | |
club certificate in accordance with this Part would undermine the | |
crime prevention objective, | |
he must give the relevant licensing authority and the applicant a notice to | 40 |
that effect. | |
(3) Where a chief officer of police who has received a copy of the application | |
under sub-paragraph (1) is satisfied that, because of a material change in | |
circumstances since the relevant time, converting the relevant existing club | |
certificate in accordance with this Part would undermine the crime | 45 |
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prevention objective, he must give the relevant licensing authority and the | |
applicant a notice to that effect. | |
(4) For this purpose “the relevant time” means the time when the relevant | |
existing club certificate was granted or, if it has been renewed, the last time | |
it was renewed. | 5 |
(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 | |
received a copy of the application under sub-paragraph (1). | |
Determination of application | |
16 (1) This paragraph applies where an application is made in accordance with | 10 |
paragraph 14 and the applicant complies with paragraph 15(1). | |
(2) Subject to sub-paragraphs (3) and (5), the licensing authority must grant the | |
application. | |
(3) Where a notice is given under paragraph 15(2) or (3) (and not withdrawn), | |
the authority must— | 15 |
(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, reject the application if it considers it | |
necessary for the promotion of the crime prevention objective to do | 20 |
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. | 25 |
(5) An application must not be granted (and is not to be treated as granted | |
under sub-paragraph (4)) if the existing club certificate has ceased to have | |
effect at— | |
(a) the time of the determination of the application, or | |
(b) in a case within sub-paragraph (4), the end of the period mentioned | 30 |
in that sub-paragraph. | |
(6) Section 10 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 certificate | |
17 (1) Where an application is granted under paragraph 16, the relevant licensing | |
authority must forthwith— | |
(a) give the applicant a notice to that effect, and | |
(b) issue the applicant with— | 40 |
(i) a certificate in respect of the premises (“the new certificate”) | |
in accordance with paragraph 18, and | |
(ii) a summary of the new certificate. | |
(2) Where an application is rejected under paragraph 16, the relevant licensing | |
authority must forthwith give the applicant a notice to that effect containing | 45 |
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a statement of the authority’s reasons for its decision to reject the | |
application. | |
(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 | 5 |
situated. | |
The new certificate | |
18 (1) The new certificate is to be treated as if it were a club premises certificate (see | |
section 59), and sections 72 and 73 apply in relation to it accordingly. | |
(2) The new certificate takes effect on the second appointed day. | 10 |
(3) The new certificate must authorise the premises to be used for the existing | |
qualifying club activities. | |
(4) Subject to sections 72 and 73, the new certificate must be granted subject to | |
such conditions as reproduce the effect of the conditions subject to which the | |
relevant existing club certificate has effect at the time the application is | 15 |
granted. | |
(5) The new certificate must also be granted subject to conditions which | |
reproduce the effect of any restriction imposed on the use of the premises for | |
the existing qualifying club activities by any enactment specified for the | |
purposes of this Part. | 20 |
(6) Nothing in sub-paragraph (4) or (5) requires the new certificate to be granted | |
for a limited period. | |
Variation of new certificate | |
19 (1) A person who makes an application under paragraph 14 may | |
(notwithstanding that no certificate has yet been granted in consequence of | 25 |
that application) at the same time apply under section 82 for a variation of | |
the certificate, and, for the purposes of such an application, the applicant is | |
to be treated as the holder of that certificate. | |
(2) In relation to an application within sub-paragraph (1), the relevant licensing | |
authority may discharge its functions under section 83 only if, and when, the | 30 |
application under this Part has been granted. | |
(3) Where an application within sub-paragraph (1) is not determined 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 83 at the end of that | 35 |
period. | |
Existing club certificate revoked after grant of new certificate | |
20 Where the relevant licensing authority grants a new certificate under this | |
Part, that certificate lapses if and when— | |
(a) the existing club certificate is revoked before the second appointed | 40 |
day, or | |
(b) where an appeal against a decision to revoke it is pending | |
immediately before that day, the appeal is dismissed or abandoned. | |
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Appeals | |
21 (1) Where an application under paragraph 14 is rejected by the relevant | |
licensing authority, the applicant may appeal against that decision. | |
(2) Where a licensing authority grants such an application, any chief officer of | |
police who gave a notice under paragraph 15(2) or (3) (that was not | 5 |
withdrawn) may appeal against that decision. | |
(3) Section 176 and paragraph 15(1) and (2) of Schedule 5 (general provision | |
about appeals against decisions under Part 4 of this Act) apply in relation to | |
appeals under this paragraph as they apply in relation to appeals under Part | |
2 of that Schedule. | 10 |
(4) Paragraph 15(3) of that Schedule applies in relation to an appeal under sub- | |
paragraph (2). | |
False statements | |
22 (1) A person commits an offence if he knowingly or recklessly makes a false | |
statement in or in connection with an application under paragraph 14. | 15 |
(2) For the purposes of sub-paragraph (1) a person is to be treated as making a | |
false statement if he produces, furnishes, signs or otherwise makes use of a | |
document that contains a false statement. | |
(3) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 5 on the standard scale. | 20 |
Part 3 | |
Transitional provision: personal licences | |
Introductory | |
23 (1) Paragraphs 24 to 27 apply where— | |
(a) during the transitional period, the holder of a justices’ licence applies | 25 |
to the relevant licensing authority for the grant of a personal licence | |
under section 115, | |
(b) the application is accompanied by the documents mentioned in sub- | |
paragraph (3), and | |
(c) the applicant gives a copy of the application to the chief officer of | 30 |
police for the relevant licensing authority’s area within 48 hours | |
from the time the application is made. | |
(2) In this paragraph “transitional period” means such period (of not less than | |
six months) as may be specified for the purposes of this Part. | |
(3) The documents are— | 35 |
(a) the justices’ licence (or a certified copy of that licence), | |
(b) a photograph of the applicant in the specified form which is | |
endorsed, by a person of a specified description, with a statement | |
verifying the likeness of the photograph to the applicant, and | |
(c) where the applicant has been convicted of any relevant offence or | 40 |
foreign offence on or after the relevant date, a statement giving | |
details of the offence. | |
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(4) In this paragraph any reference to a certified copy of a justices’ licence is to | |
a copy of that licence certified to be a true copy— | |
(a) by the chief executive of the licensing justices for the licensing district | |
concerned, | |
(b) by a solicitor or notary, or | 5 |
(c) by a person of a specified description. | |
(5) A document which purports to be a certified copy of a justices’ licence is to | |
be taken to be such a copy, unless the contrary is shown. | |
Section 118 disapplied | |
24 Section 118 (determination of application for grant) does not apply in | 10 |
relation to the application. | |
Police objections | |
25 (1) Sub-paragraph (2) applies where— | |
(a) the applicant has been convicted of any relevant offences or foreign | |
offences on or after the relevant date, and | 15 |
(b) having regard to— | |
(i) any conviction of the applicant for a relevant offence, and | |
(ii) any conviction of his for a foreign offence which the chief | |
officer of police considers to be comparable to a relevant | |
offence, | 20 |
whether occurring before or after the relevant date, the chief officer | |
of police is satisfied that the exceptional circumstances of the case are | |
such that granting the application would undermine the crime | |
prevention objective. | |
(2) The chief officer of police must give a notice stating the reasons why he is so | 25 |
satisfied (an “objection notice”)— | |
(a) to the relevant licensing authority, and | |
(b) to the applicant. | |
(3) The objection notice must be given no later than 28 days after the day on | |
which the chief officer of police receives a copy of the application in | 30 |
accordance with paragraph 23(1)(c). | |
(4) For the purposes of this paragraph— | |
(a) “relevant offence” and “foreign offence” have the meaning given in | |
section 111, and | |
(b) section 112 (spent convictions) applies for the purposes of this | 35 |
paragraph as it applies for the purposes of section 118. | |
Determination of application | |
26 (1) The relevant licensing authority must grant the application if— | |
(a) it is satisfied that the applicant holds a justices’ licence, and | |
(b) no objection notice has been given within the period mentioned in | 40 |
paragraph 25(3) or any notice so given has been withdrawn. | |
(2) Where the authority is not satisfied that the applicant holds a justices’ | |
licence, it must reject the application. | |
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