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(3) Where the authority is so satisfied, but sub-paragraph (1)(b) does not apply, | |
it— | |
(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 | 5 |
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. | 10 |
(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 | |
licensing authority). | |
(6) In the application of section 120 (notification of determinations) to a | 15 |
determination under this paragraph, the references to an objection notice are | |
to be read as references to an objection notice within the meaning of | |
paragraph 25(2). | |
Appeals | |
27 (1) Where a licensing authority rejects an application under paragraph 26, the | 20 |
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 | 25 |
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. | 30 |
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 | 35 |
renewed, or | |
(c) where it has been transferred to the holder and has not been | |
renewed since the transfer, the date when it was transferred; | |
and | |
“relevant licensing authority”, in relation to an application for a | 40 |
personal licence under section 115, means the authority to which the | |
application is made in accordance with that section. | |
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Part 4 | |
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’ | 5 |
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 | 10 |
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 | 15 |
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— | 20 |
(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 | 25 |
Liquor Duties Act 1979 (c. 4);”. | |
Savings | |
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 | 30 |
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 | 35 |
(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 | 40 |
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 | |
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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 | 5 |
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— | 10 |
(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 | |
supplies). | |
Interpretation | 15 |
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). | |
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