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43 Determination of transfer application | |
(1) This section applies where an application for the transfer of a licence is made | |
in accordance with section 41. | |
(2) Subject to subsections (3) and (5), the authority must transfer the licence in | |
accordance with the application. | 5 |
(3) The authority must reject the application if none of the conditions in subsection | |
(4) applies. | |
(4) The conditions are— | |
(a) that section 42(1) (applications given interim effect) applies to the | |
application, | 10 |
(b) that the holder of the premises licence consents to the transfer, or | |
(c) that the applicant is exempted from the requirement to obtain the | |
holder’s consent to the transfer under subsection (6). | |
(5) Where a notice is given under section 41(6) (and not withdrawn), and | |
subsection (3) above does not apply, 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 so. | 20 |
(6) The relevant licensing authority must exempt the applicant from the | |
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 granted, he would be in a position to use | 25 |
the premises for the licensable activity or activities authorised by the | |
premises licence. | |
(7) Where the relevant licensing authority refuses to exempt an applicant under | |
subsection (6), it must notify the applicant of its reasons for that decision. | |
44 Notification of determination under section 43 | 30 |
(1) Where an application under section 41 is granted or rejected, the relevant | |
licensing authority must give a notice to that effect to— | |
(a) the applicant, and | |
(b) the chief officer of police for the police area (or each police area) in | |
which the premises are situated. | 35 |
(2) Where a chief officer of police gave a notice under subsection (6) of that section | |
(and it was not withdrawn) the notice under subsection (1) of this section must | |
state the licensing authority’s reasons for granting or rejecting the application. | |
(3) Where the application is granted, the notice under subsection (1) must specify | |
the time when the transfer takes effect. | 40 |
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) The relevant licensing authority must also give a copy of the notice given under | |
subsection (1)— | 45 |
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(a) where the application is granted— | |
(i) to the holder of the licence immediately before the application | |
was granted, or | |
(ii) if the application was one to which section 42(1) applied, to the | |
holder of the licence immediately before the application was | 5 |
made (if any), | |
(b) where the application is rejected, to the holder of the premises licence | |
(if any). | |
45 Duty to notify designated premises supervisor of transfer | |
(1) This section applies where— | 10 |
(a) an application is made in accordance with section 41 to transfer a | |
premises licence in respect of which there is a designated premises | |
supervisor, and | |
(b) the applicant and that supervisor are not the same person. | |
(2) Where section 42(1) applies in relation to the application, the applicant must | 15 |
forthwith notify the designated premises supervisor of the application. | |
(3) If the application is granted, the applicant must forthwith notify the designated | |
premises supervisor of the transfer. | |
(4) A person commits an offence if he fails, without reasonable excuse, to comply | |
with this section. | 20 |
(5) A person guilty of an offence under subsection (4) is liable on summary | |
conviction to a fine not exceeding level 3 on the standard scale. | |
Interim authority notices | |
46 Interim authority notice following death etc. of licence holder | |
(1) This section applies where— | 25 |
(a) a premises licence lapses under section 26 in a case within subsection | |
(1)(a), (b) or (c) of that section (death, incapacity or insolvency of the | |
holder), but | |
(b) no application for transfer of the licence has been made by virtue of | |
section 49 (reinstatement of licence on transfer following death etc.). | 30 |
(2) A person who— | |
(a) has a prescribed interest in the premises concerned, or | |
(b) is connected to the person who held the premises licence immediately | |
before it lapsed (“the former holder”), | |
may, during the initial seven day period, give to the relevant licensing | 35 |
authority a notice (an “interim authority notice”) in respect of the licence. | |
(3) Subsection (2) is subject to regulations under— | |
(a) section 53 (form etc. of notices etc.); | |
(b) section 54 (fees to accompany applications etc.). | |
(4) Only one interim authority notice may be given under subsection (2). | 40 |
(5) For the purposes of subsection (2) a person is connected to the former holder | |
of the premises licence if, and only if— | |
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(a) the former holder has died and that person is his personal | |
representative, | |
(b) the former holder has become mentally incapable and that person acts | |
for him under a power of attorney created by an instrument registered | |
under section 6 of the Enduring Powers of Attorney Act 1985 (c. 29), or | 5 |
(c) the former holder has become insolvent and that person is his | |
insolvency practitioner. | |
(6) Where an interim authority notice is given in accordance with this section— | |
(a) the premises licence is reinstated from the time the notice is received by | |
the relevant licensing authority, and | 10 |
(b) the person who gave the notice is from that time the holder of the | |
licence. | |
(7) But the premises licence lapses again— | |
(a) at the end of the initial seven day period unless before that time the | |
person who gave the interim authority notice has given a copy of the | 15 |
notice to the chief officer of police for the police area (or each police | |
area) in which the premises are situated; | |
(b) at the end of the interim authority period, unless before that time a | |
relevant transfer application is made to the relevant licensing authority. | |
(8) Nothing in this section prevents the person who gave the interim authority | 20 |
notice from making a relevant transfer application. | |
(9) If— | |
(a) a relevant transfer application is made during the interim authority | |
period, and | |
(b) that application is rejected or withdrawn, | 25 |
the licence lapses again at the time of the rejection or withdrawal. | |
(10) In this section— | |
“becomes insolvent” is to be construed in accordance with section 26; | |
“insolvency practitioner”, in relation to a person, means a person acting as | |
an insolvency practitioner in relation to him (within the meaning of | 30 |
section 388 of the Insolvency Act 1986 (c. 45)); | |
“initial seven day period”, in relation to a licence which lapses as | |
mentioned in subsection (1), means the period of seven days beginning | |
with the day after the day the licence lapses; | |
“interim authority period” means the period beginning with the day on | 35 |
which the interim authority notice is received by the relevant licensing | |
authority and ending— | |
(a) two months after that day, or | |
(b) if earlier, when it is terminated by the person who gave the | |
interim authority notice notifying the relevant licensing | 40 |
authority to that effect; | |
“mentally incapable” has the same meaning as in section 26(1)(b); and | |
“relevant transfer application” in relation to the premises licence, is an | |
application under section 41 which is given interim effect by virtue of | |
section 42. | 45 |
47 Cancellation of interim authority notice following police objections | |
(1) This section applies where— | |
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(a) an interim authority notice by a person (“the relevant person”) is given | |
in accordance with section 46, | |
(b) the chief officer of police for the police area (or each police area) in | |
which the premises are situated is given a copy of the interim authority | |
notice before the end of the initial seven day period (within the | 5 |
meaning of that section), and | |
(c) that chief officer (or any of those chief officers) is satisfied that the | |
exceptional circumstances of the case are such that a failure to cancel | |
the interim authority notice would undermine the crime prevention | |
objective. | 10 |
(2) The chief officer of police must no later than 48 hours after he receives the copy | |
of the interim authority notice give the relevant licensing authority a notice | |
stating why he is so satisfied. | |
(3) Where a notice is given by the chief officer of police (and not withdrawn), the | |
authority must— | 15 |
(a) hold a hearing to consider it, unless the authority, the relevant person | |
and the chief officer of police agree that a hearing is unnecessary, and | |
(b) having regard to the notice given by the chief officer of police, cancel | |
the interim authority notice if it considers it necessary for the | |
promotion of the crime prevention objective to do so. | 20 |
(4) An interim authority notice is cancelled under subsection (3)(b) by the | |
licensing authority giving the relevant person a notice stating that it is | |
cancelled and the authority’s reasons for its decision. | |
(5) The licensing authority must give a copy of a notice under subsection (4) to the | |
chief officer of police for the police area (or each police area) in which the | 25 |
premises are situated. | |
(6) The premises licence lapses if, and when, a notice is given under subsection (4). | |
This is subject to paragraph 7(5) of Schedule 5 (reinstatement of premises | |
licence where appeal made against cancellation of interim authority notice). | |
(7) The relevant licensing authority must not cancel an interim authority notice | 30 |
after a relevant transfer application (within the meaning of section 46) is made | |
in respect of the premises licence. | |
48 Supplementary provision about interim authority notices | |
(1) On receipt of an interim authority notice, the relevant licensing authority must | |
issue to the person who gave the notice a copy of the licence and a copy of the | 35 |
summary (in each case certified by the authority to be a true copy). | |
(2) The copies issued under this section must be copies of the premises licence and | |
summary in the form in which they existed immediately before the licence | |
lapsed under section 26, except that they must specify the person who gave the | |
interim authority notice as the person who is the holder. | 40 |
(3) This Act applies in relation to a copy issued under this section as it applies in | |
relation to an original licence or summary. | |
(4) Where a person becomes the holder of a premises licence by virtue of section | |
46, he must (unless he is the designated premises supervisor under the licence) | |
forthwith notify the supervisor (if any) of the interim authority notice. | 45 |
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(5) A person commits an offence if he fails, without reasonable excuse, to comply | |
with subsection (4). | |
(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. | |
Transfer following death etc. of licence holder | 5 |
49 Reinstatement of licence on transfer following death etc. of holder | |
(1) This section applies where— | |
(a) a premises licence lapses by virtue of section 26 (death, incapacity or | |
insolvency etc. of the holder), but no interim authority notice has effect, | |
or | 10 |
(b) a premises licence lapses by virtue of section 27 (surrender). | |
(2) For the purposes of subsection (1)(a) an interim authority notice ceases to have | |
effect when it is cancelled under section 47 or withdrawn. | |
(3) Notwithstanding the lapsing of the licence, a person mentioned in section 16(1) | |
(who, in the case of an individual, is aged 18 or over) may apply under section | 15 |
41 for the transfer of the licence to him provided that the application— | |
(a) is made no later than seven days after the day the licence lapsed, and | |
(b) is one to which section 42(1)(a) applies. | |
(4) Where an application is made in accordance with subsection (3) above, section | |
42(1)(b) must be disregarded. | 20 |
(5) Where such an application is made, the premises licence is reinstated from the | |
time the application is received by the relevant licensing authority. | |
(6) But the licence lapses again if, and when— | |
(a) the applicant is notified of the rejection of the application, or | |
(b) the application is withdrawn. | 25 |
(7) Only one application for transfer of the premises licence may be made in | |
reliance on this section. | |
Review of licences | |
50 Application for review of premises licence | |
(1) Where a premises licence has effect, an interested party or a responsible | 30 |
authority may apply to the relevant licensing authority for a review of the | |
licence. | |
(2) Subsection (1) is subject to regulations under section 53 (form etc. of | |
applications etc.). | |
(3) The Secretary of State must by regulations under this section— | 35 |
(a) require the applicant to give a notice containing details of the | |
application to the holder of the premises licence and each responsible | |
authority within such period as may be prescribed; | |
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(b) require the authority to advertise the application and invite | |
representations about it to be made to the authority by interested | |
parties and responsible authorities; | |
(c) prescribe the period during which representations may be made by the | |
holder of the premises licence, any responsible authority or any | 5 |
interested party; | |
(d) require any notice under paragraph (a) or advertisement under | |
paragraph (b) to specify that period. | |
(4) The relevant licensing authority may, at any time, reject any ground for review | |
specified in an application under this section if it is satisfied— | 10 |
(a) that the ground is not relevant to one or more of the licensing | |
objectives, or | |
(b) in the case of an application made by a person other than a responsible | |
authority, that— | |
(i) the ground is frivolous or vexatious, or | 15 |
(ii) the ground is a repetition. | |
(5) For this purpose a ground for review is a repetition if— | |
(a) it is identical or substantially similar to— | |
(i) a ground for review specified in an earlier application for | |
review made in respect of the same premises licence and | 20 |
determined under section 51, or | |
(ii) representations considered by the relevant licensing authority | |
in accordance with section 18, before it determined the | |
application for the premises licence under that section, or | |
(iii) representations which would have been so considered but for | 25 |
the fact that they were excluded representations by virtue of | |
section 31, and | |
(b) a reasonable interval has not elapsed since that earlier application for | |
review or the grant of the licence (as the case may be). | |
(6) Where the authority rejects a ground for review under subsection (4)(b), it | 30 |
must notify the applicant of its decision and, if the ground was rejected because | |
it was frivolous or vexatious, the authority must notify him of its reasons for | |
making that decision. | |
(7) The application is to be treated as rejected to the extent that any of the grounds | |
for review are rejected under subsection (4). | 35 |
Accordingly the requirements imposed under subsection (3)(a) and (b) and by | |
section 51 (so far as not already met) apply only to so much (if any) of the | |
application as has not been rejected. | |
51 Determination of application for review | |
(1) This section applies where— | 40 |
(a) the relevant licensing authority receives an application made in | |
accordance with section 50, | |
(b) the applicant has complied with any requirement imposed on him | |
under subsection (3)(a) or (d) of that section, and | |
(c) the authority has complied with any requirement imposed on it under | 45 |
subsection (3)(b) or (d) of that section. | |
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(2) Before determining the application, the authority must hold a hearing to | |
consider it and any relevant representations. | |
(3) The authority must, having regard to the application and any relevant | |
representations, take such of the steps mentioned in subsection (4) (if any) as it | |
considers necessary for the promotion of the licensing objectives. | 5 |
(4) The steps are— | |
(a) to modify the conditions of the licence; | |
(b) to exclude a licensable activity from the scope of the licence; | |
(c) to remove the designated premises supervisor; | |
(d) to suspend the licence for a period not exceeding three months; | 10 |
(e) to revoke the licence; | |
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) Subsection (3) is subject to sections 19 and 20 (requirement to include certain | |
conditions in premises licences). | 15 |
(6) Where the authority takes a step mentioned in subsection (4)(a) or (b), it may | |
provide that the modification or exclusion is to have effect for only such period | |
(not exceeding three months) as it may specify. | |
(7) In this section “relevant representations” means representations which— | |
(a) are relevant to one or more of the licensing objectives, and | 20 |
(b) meet the requirements of subsection (8). | |
(8) The requirements are— | |
(a) that the representations are made— | |
(i) by the holder of the premises licence, a responsible authority or | |
an interested party, and | 25 |
(ii) within the period prescribed under section 50(3)(c), | |
(b) that they have not been withdrawn, and | |
(c) if they are 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. | 30 |
(9) Where the relevant licensing authority determines that any representations are | |
frivolous or vexatious, it must notify the person who made them of the reasons | |
for that determination. | |
(10) Where a licensing authority determines an application for review under this | |
section it must notify the determination and its reasons for making it to— | 35 |
(a) the holder of the licence, | |
(b) the applicant, | |
(c) any person who made relevant representations, and | |
(d) the chief officer of police for the police area (or each police area) in | |
which the premises are situated. | 40 |
(11) A determination under this section does not have effect— | |
(a) until the end of the period given for appealing against the decision, or | |
(b) if the decision is appealed against, until the appeal is disposed of. | |
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