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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. | |
(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 | 5 |
(b) meet the requirements of subsection (6). | |
(6) The requirements are— | |
(a) that the representations are made by an interested party or responsible | |
authority within the period prescribed under section 17(5)(c) by virtue | |
of section 33(5), | 10 |
(b) that they have not been withdrawn, and | |
(c) in the case of representations made by an interested party (who is not | |
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 19 and 20 (which require certain | 15 |
conditions to be included in premises licences). | |
35 Supplementary provision about determinations under section 34 | |
(1) Where an application (or any part of an application) is granted under section | |
34, the relevant licensing authority must forthwith give a notice to that effect | |
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 |
(2) Where relevant representations were made in respect of the application, the | |
notice under subsection (1) must state the authority’s reasons for its decision as | |
to the steps (if any) to take under section 34(3)(b). | |
(3) The notice under subsection (1) must specify the time when the variation in | |
question takes effect. | 30 |
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 | |
specifies in the notice. | |
(4) Where an application (or any part of an application) is rejected under section | |
34, the relevant licensing authority must forthwith give a notice to that effect | 35 |
stating its reasons for rejecting the application to— | |
(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 | 40 |
which the premises are situated. | |
(5) Where the relevant licensing authority determines for the purposes of section | |
34(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 34 so as— | 45 |
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(a) to extend the period for which the licence has effect, or | |
(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— | 5 |
(a) different parts of the premises concerned; | |
(b) different licensable activities. | |
(8) In this section “relevant representations” has the meaning given in section | |
34(5). | |
36 Application to vary licence to specify individual as premises supervisor | 10 |
(1) The holder of a premises licence which authorises the supply of alcohol may | |
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 53 (form etc. of applications etc.); | 15 |
(b) section 54 (fees to accompany applications etc.). | |
(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 | 20 |
not practicable, a statement of the reasons for the failure to provide the | |
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 | 25 |
(b) to the designated premises supervisor (if there is one), | |
and that notice must state whether the application is one to which section 37 | |
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 | 30 |
would undermine the crime prevention objective, he must give the relevant | |
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). | 35 |
37 Circumstances in which section 36 application given interim effect | |
(1) This section applies where an application made in accordance with section 36 | |
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. | 40 |
(3) For this purpose “the application period” means the period which— | |
(a) begins when the application is received by the relevant licensing | |
authority, and | |
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(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 | |
to the applicant, or | |
(iii) if the application is withdrawn before it is determined, at the | 5 |
time of the withdrawal. | |
38 Determination of section 36 application | |
(1) This section applies where an application is made, in accordance with section | |
36, to vary a premises licence so as to specify a new premises supervisor (“the | |
proposed individual”). | 10 |
(2) Subject to subsection (3), the relevant licensing authority must grant the | |
application. | |
(3) Where a notice is given under section 36(5) (and not withdrawn), the authority | |
must— | |
(a) hold a hearing to consider it, unless the authority, the applicant and the | 15 |
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 so. | |
(4) Where an application under section 36 is granted or rejected, the relevant | 20 |
licensing authority must give a notice to that effect to— | |
(a) the applicant, | |
(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. | 25 |
(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 | |
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. | 30 |
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 | |
specifies in the notice. | |
39 Duty of applicant following determination under section 38 | |
(1) Where the holder of a premises licence is notified under section 38(4), he must | 35 |
forthwith— | |
(a) if his application has been granted, notify the person (if any) who has | |
been replaced as the designated premises supervisor of the variation, | |
and | |
(b) if his application has been rejected, give the designated premises | 40 |
supervisor (if any) notice to that effect. | |
(2) A person commits an offence if he fails, without reasonable excuse, to comply | |
with subsection (1). | |
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(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. | |
40 Request to be removed as designated premises supervisor | |
(1) Where an individual wishes to cease being the designated premises supervisor | |
in respect of a premises licence, he may give the relevant licensing authority a | 5 |
notice to that effect. | |
(2) Subsection (1) is subject to regulations under section 53 (form etc. of notices | |
etc.). | |
(3) Where the individual is the holder of the premises licence, the notice under | |
subsection (1) must also be accompanied by the premises licence (or the | 10 |
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— | |
(a) a copy of that notice, and | 15 |
(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 | |
(ii) if that is not practicable, a statement of the reasons for the failure | |
to provide the licence (or part). | 20 |
(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 | |
conviction to a fine not exceeding level 3 on the standard scale. | |
(7) Where an individual— | 25 |
(a) gives the relevant licensing authority a notice in accordance with this | |
section, and | |
(b) satisfies the requirements of subsection (3) or (4), | |
he is to be treated for the purposes of this Act as if, from the relevant time, he | |
were not the designated premises supervisor. | 30 |
(8) For this purpose “the relevant time” means— | |
(a) the time the notice under subsection (1) is received by the relevant | |
licensing authority, or | |
(b) if later, the time specified in the notice. | |
Transfer of premises licence | 35 |
41 Application for transfer of premises licence | |
(1) Subject to this section, any person mentioned in section 16(1) (applicant for | |
premises licence) may apply to the relevant licensing authority for the transfer | |
of a premises licence to him. | |
(2) Where the applicant is an individual he must be aged 18 or over. | 40 |
(3) Subsection (1) is subject to regulations under— | |
(a) section 53 (form etc. of applications etc.); | |
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(b) section 54 (fees to accompany applications etc.). | |
(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 | 5 |
for the police area (or each police area) in which the premises are situated. | |
(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. | 10 |
(7) 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 (5). | |
42 Circumstances in which transfer application given interim effect | |
(1) Where— | 15 |
(a) an application made in accordance with section 41 includes a request | |
that the transfer have immediate effect, and | |
(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. | 20 |
(2) For this purpose “the application period” means the period which— | |
(a) begins when the application is received by the relevant licensing | |
authority, and | |
(b) ends— | |
(i) when the licence is transferred following the grant of the | 25 |
application, or | |
(ii) if the application is rejected, when the applicant is notified of | |
the rejection, or | |
(iii) when the application is withdrawn. | |
(3) Subject to subsections (4) and (5), an application within subsection (1)(a) may | 30 |
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 | |
authority notice under section 46, such an application may also be made by that | |
person. | |
(5) The relevant licensing authority must exempt the applicant from the | 35 |
requirement to obtain the holder’s consent if the applicant shows to the | |
authority’s satisfaction— | |
(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 | 40 |
period for the licensable activity or activities authorised by the | |
premises licence. | |
(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. | |
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