Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
68

(b)
in subsection (3)—
(i)
in paragraph (b), for “interested parties and responsible
authorities” substitute “responsible authorities and other
persons”, and
(ii)
in paragraph (c), for “interested party” substitute “other
5
person”.
(3)
In section 52(8) (determination of application for review of premises licence)—
(a)
in paragraph (a)(i), for “an interested party” substitute “any other
person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
10
authority)” substitute “a person who is not a responsible authority”.
(4)
In section 53A(3) (summary reviews on application of senior police officer)—
(a)
in paragraph (c), for “interested parties” substitute “other persons”, and
(b)
in paragraph (e), for “interested party” substitute “other person”.
(5)
In section 53C(8) (review of premises licence following summary review
15
notice)—
(a)
in paragraph (a), for “an interested party” substitute “any other
person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.
20
(6)
In section 167 (review of premises licence following closure order)—
(a)
in subsection (4)(b), for “interested parties” substitute “other persons”,
(b)
in subsection (4)(c), for “interested party” substitute “other person”,
(c)
in subsection (10)(a), for “an interested party” substitute “any other
person”,
25
(d)
in subsection (10)(c), for “an interested party (who is not also a
responsible authority)” substitute “a person who is not a responsible
authority”, and
(e)
in subsection (14), for ““interested party” and “responsible authority”
have” substitute ““responsible authority” has”.
30
(7)
The amendments made by this section apply in relation to applications for
review that are made on or after the commencement of this section.
107
Club premises certificates: who may make relevant representations
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (7).
(2)
In section 69 (authorised persons, interested parties and responsible
35
authorities)—
(a)
in the title, omit “, interested parties”,
(b)
in subsection (1), omit ““interested party”,”, and
(c)
omit subsection (3).
(3)
In section 71(6) (application for club premises certificate)—
40
(a)
in paragraph (a)(ii), for “interested parties” substitute “persons who
live, or are involved in a business, in the relevant licensing authority’s
area and who are”,

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
69

(b)
after paragraph (a) insert—
“(aa)
require the relevant licensing authority to advertise the
application within the prescribed period—
(i)
in the prescribed form, and
(ii)
in a manner which is prescribed and is likely to
5
bring the application to the attention of the
persons who are likely to be affected by it; and”,
and
(c)
in paragraph (c), for “interested parties and responsible authorities”
substitute “responsible authorities and other persons”.
10
(4)
In section 72(8) (determination of application for club premises certificate)—
(a)
in paragraph (a), for “an interested party or responsible authority”
substitute “a responsible authority or other person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.
15
(5)
In section 85(6) (determination of application to vary club premises
certificate)—
(a)
in paragraph (a), for “an interested party or responsible authority”
substitute “a responsible authority or other person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
20
authority)” substitute “a person who is not a responsible authority”.
(6)
In section 86B(2)(b)(ii) (determination of application for minor variation of club
premises certificate), for “an interested party” substitute “any other person”.
(7)
In section 194 (index of defined expressions), omit the entry for the expression
“interested party, in Part 4”.
25
(8)
In section 33 of the Policing and Crime Act 2009 (individual members of
licensing authorities to be interested parties), omit subsection (2).
(9)
The amendments made by this section apply in relation to applications relating
to club premises certificates that are made on or after the commencement of
this section.
30
108
Club premises certificates: who may apply for review
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (4).
(2)
In section 87 (application for review of club premises certificate), for subsection
(1) substitute—
“(1)
Where a club holds a club premises certificate, a responsible authority
35
or any other person may apply to the relevant licensing authority for a
review of the certificate.”.
(3)
In section 87(3) (application for review of club premises certificate)—
(a)
in paragraph (b), after “to the authority” insert “by the club, responsible
authorities and other persons”, and
40
(b)
in paragraph (c), for “interested party” substitute “other person”.
(4)
In section 88(8) (determination of application for review of club premises
certificate)—

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
70

(a)
in paragraph (a), for “an interested party” substitute “any other
person”, and
(b)
in paragraph (c), for “an interested party (who is not also a responsible
authority)” substitute “a person who is not a responsible authority”.
(5)
The amendments made by this section apply in relation to applications for
5
review that are made on or after the commencement of this section.
Reducing the evidential burden on licensing authorities
109
Reducing the burden: premises licences
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (14).
(2)
In section 18 (determination of application for premises licence)—
10
(a)
in subsection (3)(b), for “necessary” substitute “appropriate”, and
(b)
in subsection (4)(a)(i), for “necessary” substitute “appropriate”.
(3)
In section 22(2) (prohibited conditions: plays), for “necessary” substitute
“appropriate”.
(4)
In section 25A(6) (grant of premises licence: supply of alcohol from community
15
premises), for “necessary” substitute “appropriate”.
(5)
In section 31 (determination of application for provisional statement)—
(a)
in subsection (3)(b), for “necessary” substitute “appropriate”, and
(b)
in subsection (3)(c)(ii), for “necessary” substitute “appropriate”.
(6)
In section 35(3)(b) (determination of application to vary premises licence), for
20
“necessary” substitute “appropriate”.
(7)
In section 39(3)(b) (determination of application to vary premises licence to
specify premises supervisor), for “necessary” substitute “appropriate”.
(8)
In section 41D(5) (variation of premises licence: supply of alcohol from
community premises), for “necessary” substitute “appropriate”.
25
(9)
In section 44(5)(b) (determination of transfer application), for “necessary”
substitute “appropriate”.
(10)
In section 48(3)(b) (cancellation of interim authority notice following police
objections), for “necessary” substitute “appropriate”.
(11)
In section 52(3) (determination of application for review of premises licence),
30
for “necessary” substitute “appropriate”.
(12)
In section 53B(8)(a) (supplementary provision about review of premises
licence), for “necessary” substitute “appropriate”.
(13)
In section 53C(2)(b) (review of premises licence following review notice), for
“necessary” substitute “appropriate”.
35
(14)
In section 177(5) (dancing and live music in certain small premises), for
“necessary” substitute “appropriate”.
(15)
The amendments made by this section (other than subsection (10)) apply in
relation to applications relating to premises licences that are made on or after
the commencement of this section.
40

Police Reform and Social Responsibility Bill
Part 2 — Licensing
Chapter 1 — Amendments of the Licensing Act 2003
71

(16)
The amendment made by subsection (10) of this section applies in relation to
interim authority notices that are given on or after the commencement of this
section.
110
Reducing the burden: club premises certificates
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (5).
5
(2)
In section 72 (determination of application for club premises certificate)—
(a)
in subsection (3)(b), for “necessary” substitute “appropriate”, and
(b)
in subsection (4)(a)(i), for “necessary” substitute “appropriate”.
(3)
In section 76(2) (prohibited conditions: plays), for “necessary” substitute
“appropriate”.
10
(4)
In section 85(3)(b) (determination of application to vary club premises
certificate), for “necessary” substitute “appropriate”.
(5)
In section 88(3) (determination of application for review of club premises
certificate), for “necessary” substitute “appropriate”.
(6)
The amendments made by this section apply in relation to applications relating
15
to club premises certificates that are made on or after the commencement of
this section.
111
Reducing the burden: other situations
(1)
The Licensing Act 2003 is amended as set out in subsections (2) to (6).
(2)
In section 105(2)(b) (counter notice following police objection), for “necessary”
20
substitute “appropriate”.
(3)
In section 120(7)(b)(i) (determination of application for grant of personal
licence), for “necessary” substitute “appropriate”.
(4)
In section 121(6)(b)(i) (determination of application for renewal of personal
licence), for “necessary” substitute “appropriate”.
25
(5)
In section 124(4)(b) (convictions coming to light after grant or renewal of
personal licence), for “necessary” substitute “appropriate”.
(6)
In section 167(5)(b) (review of premises licence following closure order), for
“necessary” substitute “appropriate”.
(7)
The amendment made by subsection (2) of this section applies in relation to
30
temporary event notices that are given on or after the commencement of this
section.
(8)
The amendments made by subsections (3) to (5) of this section apply in relation
to applications relating to personal licences that are made on or after the
commencement of this section.
35
(9)
The amendment made by subsection (6) of this section applies in relation to
notices under section 165(4) of the Licensing Act 2003 (closure orders) that are
received by a licensing authority on or after the commencement of this section.