(3) Where the authority is so satisfied, but sub-paragraph (1)(b) does not apply,
(a) must hold a hearing to consider the objection notice, and
(b) having regard to the notice, must—
(i) reject the application if it considers it necessary for the
promotion of the crime prevention objective to do so, and
(ii) grant the application in any other case.
(4) If the authority fails to determine the application within the period of three
months beginning with the day on which it receives it, then, the application
is to be treated as granted by the authority under this paragraph.
(5) 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
(6) In the application of section 120 (notification of determinations) to a
determination under this paragraph, the references to an objection notice are
to be read as references to an objection notice within the meaning of
27 (1) Where a licensing authority rejects an application under paragraph 26, the
applicant may appeal against that decision.
(2) Where a licensing authority grants an application for a personal licence
under paragraph 26(3), the chief officer of police who gave the objection
notice may appeal against that decision.
(3) Section 176 and paragraph 17(6) and (7) of Schedule 5 (general provision
about appeals relating to personal licences) apply in relation to appeals
under this paragraph as they apply in relation to appeals under paragraph
17 of that Schedule.
(4) Paragraph 17(8) of that Schedule applies in relation to an appeal under sub-
paragraph (2) above.
Interpretation of Part 3
28 For the purposes of this Part—
“relevant date”, in relation to the holder of a justices’ licence, means—
(a) the date when the licence was granted, or
(b) where it has been renewed, the last date when it was
(c) where it has been transferred to the holder and has not been
renewed since the transfer, the date when it was transferred;
“relevant licensing authority”, in relation to an application for a
personal licence under section 115, means the authority to which the
application is made in accordance with that section.
Miscellaneous and general
Consultation on licensing policy
29 Until such time as section 59 of the 1964 Act (prohibition of sale, etc. of
alcohol except during permitted hours and in accordance with justices’
licence etc.) ceases to have effect in accordance with this Act, section 5(3) of
this Act (licensing authority’s duty to consult before determining licensing
policy) has effect as if for paragraphs (c) to (e) there were substituted—
“(c) such persons as the licensing authority considers to be
representative of holders of existing licences (within the
meaning of Part 1 of Schedule 8) in respect of premises
situated in the authority’s area,
(d) such persons as the licensing authority considers to be
representative of clubs registered (within the meaning of the
Licensing Act 1964 (c. 26)) in respect of any premises situated
in the authority’s area,”.
Meaning of “methylated spirits” (transitory provision)
30 Until such time as an order is made under subsection (6) of section 5 of the
Finance Act 1995 (c. 4) (denatured alcohol) bringing that section into force,
section 186 of this Act (meaning of “alcohol”) has effect as if—
(a) for subsection (1)(f) there were substituted—
“(f) methylated spirits”, and
(b) in subsection (2), the definition of “denatured alcohol” were omitted
and at the appropriate place there were inserted—
““methylated spirits” has the same meaning as in the Alcoholic
Liquor Duties Act 1979 (c. 4);”.
31 Notwithstanding the repeal by this Act of Schedule 12 to the London
Government Act 1963 (c. 33) (licensing of public entertainment in Greater
London), or of any enactment amending that Schedule, that Schedule shall
continue to apply in relation to—
(a) licences granted under section 21 of the Greater London Council
(General Powers) Act 1966 (c. xxviii) (licensing of public exhibitions
in London), and
(b) licences granted under section 5 of the Greater London Council
(General Powers) Act 1978 (c. xiii) (licensing of entertainments
booking offices in London),
as it applied before that repeal.
32 (1) In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982
(c. 30) (control of sex establishments), paragraph (ii) of the proviso of
paragraph 3A (as substituted by paragraph 84(3) of Schedule 6 to this Act)
does not apply in relation to a borough of a participating council (within the
meaning of section 2 of the London Local Authorities Act 1990 (c. vii)) which
has appointed a day under section 3 of that Act for the coming into force of
section 18 of that Act (repeal of paragraph (ii) of the proviso of paragraph 3A
of Schedule 3 to that Act).
(2) On or after the coming into force of paragraph 84(3) of Schedule 6 to this Act,
the reference in section 18 of that Act to paragraph (ii) of the proviso to
paragraph 3A of Schedule 3 to that Act is to be read as a reference to that
paragraph as substituted by paragraph 84(3) of Schedule 6 to this Act.
33 Notwithstanding that by virtue of this Act the Cinemas Act 1985 (c. 13)
ceases to have effect in England and Wales, section 6 of that Act (other than
subsection (3)), and sections 5, 20 and 21 of that Act so far as relating to that
section, shall continue to have effect there for the purposes of—
(a) paragraph 3(2)(b) of Schedule 3 to the Local Government
(Miscellaneous Provisions) Act 1982 (definition of “sex cinema”), and
(b) section 3(6)(b) of the Video Recordings Act 1984 (c. 39) (exempted
34 In this Schedule—
“justices’ licence” means a justices’ licence under Part 1 of the 1964 Act;
“specified” means specified by order; and
“the 1964 Act” means the Licensing Act 1964 (c. 26).