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Police Reform and Social Responsibility Bill


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

68

 

(8)   

In section 41D(6) (variation of premises licence: supply of alcohol from

community premises), for paragraph (b) substitute—

“(b)   

subsection (6)(c) were omitted.”.

(9)   

In section 194 (index of defined expressions), omit the entry for the expression

“interested party, in Part 3”.

5

(10)   

In section 33 of the Policing and Crime Act 2009 (individual members of

licensing authorities to be interested parties), omit subsection (1).

(11)   

The amendments made by this section apply in relation to applications relating

to premises licences that are made on or after the commencement of this

section.

10

107     

Premises licences: who may apply for review

(1)   

The Licensing Act 2003 is amended as set out in subsections (2) to (6).

(2)   

In section 51 (application for review of premises licences)—

(a)   

in subsection (1), for “an interested party or a responsible authority”

substitute “a responsible authority or any other person”, and

15

(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

20

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

25

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

30

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”.

35

(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”,

40

(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”.

45

 
 

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

69

 

(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.

108     

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

5

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)—

10

(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”,

(b)   

after paragraph (a) insert—

“(aa)   

require the relevant licensing authority to advertise the

15

application within the prescribed period—

(i)   

in the prescribed form, and

(ii)   

in a manner which is prescribed and is likely to

bring the application to the attention of the

persons who are likely to be affected by it; and”,

20

and

(c)   

in paragraph (c), for “interested parties and responsible authorities”

substitute “responsible authorities and other persons”.

(4)   

In section 72(8) (determination of application for club premises certificate)—

(a)   

in paragraph (a), for “an interested party or responsible authority”

25

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”.

(5)   

In section 85(6) (determination of application to vary club premises

certificate)—

30

(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”.

(6)   

In section 86B(2)(b)(ii) (determination of application for minor variation of club

35

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”.

(8)   

In section 33 of the Policing and Crime Act 2009 (individual members of

licensing authorities to be interested parties), omit subsection (2).

40

(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.

 
 

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

70

 

109     

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

5

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

10

(b)   

in paragraph (c), for “interested party” substitute “other person”.

(4)   

In section 88(8) (determination of application for review of club premises

certificate)—

(a)   

in paragraph (a), for “an interested party” substitute “any other

person”, and

15

(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

review that are made on or after the commencement of this section.

Reducing the evidential burden on licensing authorities

20

110     

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)—

(a)   

in subsection (3)(b), for “necessary” substitute “appropriate”, and

(b)   

in subsection (4)(a)(i), for “necessary” substitute “appropriate”.

25

(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

premises), for “necessary” substitute “appropriate”.

(5)   

In section 31 (determination of application for provisional statement)—

30

(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

“necessary” substitute “appropriate”.

(7)   

In section 39(3)(b) (determination of application to vary premises licence to

35

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”.

(9)   

In section 44(5)(b) (determination of transfer application), for “necessary”

substitute “appropriate”.

40

 
 

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

71

 

(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),

for “necessary” substitute “appropriate”.

(12)   

In section 53B(8)(a) (supplementary provision about review of premises

5

licence), for “necessary” substitute “appropriate”.

(13)   

In section 53C(2)(b) (review of premises licence following review notice), for

“necessary” substitute “appropriate”.

(14)   

In section 177(5) (dancing and live music in certain small premises), for

“necessary” substitute “appropriate”.

10

(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.

(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

15

section.

111     

Reducing the burden: club premises certificates

(1)   

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2)   

In section 72 (determination of application for club premises certificate)—

(a)   

in subsection (3)(b), for “necessary” substitute “appropriate”, and

20

(b)   

in subsection (4)(a)(i), for “necessary” substitute “appropriate”.

(3)   

In section 76(2) (prohibited conditions: plays), for “necessary” substitute

“appropriate”.

(4)   

In section 85(3)(b) (determination of application to vary club premises

certificate), for “necessary” substitute “appropriate”.

25

(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

to club premises certificates that are made on or after the commencement of

this section.

30

112     

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”

substitute “appropriate”.

(3)   

In section 120(7)(b)(i) (determination of application for grant of personal

35

licence), for “necessary” substitute “appropriate”.

(4)   

In section 121(6)(b)(i) (determination of application for renewal of personal

licence), for “necessary” substitute “appropriate”.

(5)   

In section 124(4)(b) (convictions coming to light after grant or renewal of

personal licence), for “necessary” substitute “appropriate”.

40

 
 

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

72

 

(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

temporary event notices that are given on or after the commencement of this

section.

5

(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.

(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

10

received by a licensing authority on or after the commencement of this section.

Temporary event notices

113     

Temporary event notices: who may make an objection

(1)   

The Licensing Act 2003 is amended as set out in subsections (2) to (13).

(2)   

After section 99, insert—

15

“99A    

Meaning of “relevant person”

In this Part references to a “relevant person”, in relation to any

premises, are references to the following—

(a)   

the chief officer of police for any police area in which the

premises are situated,

20

(b)   

the local authority by which statutory functions are exercisable

in any area in which the premises are situated in relation to

minimising or preventing the risk of pollution of the

environment or of harm to human health.”.

(3)   

In the cross-heading before section 104, for “Police objections” substitute

25

“Objections”.

(4)   

In the title to section 104 (objection to notice), for “the police” substitute “a

relevant person”.

(5)   

In section 104 (objection to notice), for subsection (2) substitute—

“(2)   

Where a relevant person who is given a temporary event notice is

30

satisfied that allowing the premises to be used in accordance with the

notice would undermine a licensing objective, the relevant person must

give a notice stating the reasons for being so satisfied (an “objection

notice”)—

(a)   

to the relevant licensing authority,

35

(b)   

to the premises user, and

(c)   

to every other relevant person.”.

(6)   

In section 104(3) (timing for objection), for “chief officer of police” substitute

“relevant person”.

(7)   

In section 104(4) (timing for objection), for “relevant chief officer of police”

40

substitute “relevant person”.

(8)   

Omit section 104(5) (definition of “relevant chief officer of police”).

 
 

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

73

 

(9)   

In section 105 (counter notice following objection)—

(a)   

in the title, omit “police”,

(b)   

in subsection (2)(a), for “chief officer of police” substitute “relevant

person”,

(c)   

in subsection (2)(b), for “the crime prevention objective” substitute “a

5

licensing objective”,

(d)   

in subsection (3)(a), for “the relevant chief officer of police” substitute

“each relevant person”, and

(e)   

in subsection (3)(b)(ii), for “the relevant chief officer of police”

substitute “each relevant person”.

10

(10)   

In section 106 (modification of notice following objection)—

(a)   

in the title, omit “police”,

(b)   

in subsection (1), for “chief officer of police” substitute “relevant

person”,

(c)   

in subsection (2)—

15

(i)   

for “chief officer of police” substitute “relevant person”, and

(ii)   

after “of the premises user” insert “and each other relevant

person”,

(d)   

in subsection (4), for “chief officer of police” substitute “relevant

person”, and

20

(e)   

omit subsection (5).

(11)   

In section 107(11) (counter notice where permitted limits exceeded), for the

words following “that notice” substitute “to each relevant person”.

(12)   

In section 194 (index of defined expressions), after the entry for the expression

“relevant offence” insert—

25

“relevant person, in Part 5  ............................. section 99A”.

(13)   

In Schedule 5 (appeals)—

(a)   

in paragraph 16(1)(b), for “chief officer of police” substitute “relevant

person”,

(b)   

in paragraph 16(3), for “chief officer of police” substitute “relevant

30

person”,

(c)   

in paragraph 16(8), in the definition of “objection notice”, omit “and”,

(d)   

in paragraph 16(8), at the end of the definition of “relevant licensing

authority” insert “; and

“relevant person” has the meaning given in section 99A.”.

35

(14)   

The amendments made by this section apply in relation to temporary event

notices that are given on or after the commencement of this section.

114     

Temporary event notices: conditions

(1)   

The Licensing Act 2003 is amended as set out in subsections (2) to (5).

(2)   

In section 98(1) (meaning of “permitted temporary activity”), for paragraph (a)

40

substitute—

“(a)   

it is carried out in accordance with—

(i)   

a notice given in accordance with section 100, and

(ii)   

any conditions imposed under section 106A, and”.

 
 

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

74

 

(3)   

After section 106 insert—

“106A   

Conditions on standard temporary event notice following objection

(1)   

This section applies where—

(a)   

a relevant person has given an objection notice under section

104(2) in respect of a standard temporary event notice,

5

(b)   

the objection notice has not been withdrawn, and

(c)   

the relevant licensing authority has decided under section 105

not to give a counter notice under that section.

(2)   

The relevant licensing authority may impose one or more conditions on

the standard temporary event notice if—

10

(a)   

the authority considers it appropriate for the promotion of the

licensing objectives to do so,

(b)   

the conditions are also imposed on a premises licence or club

premises certificate that has effect in respect of the same

premises, or any part of the same premises, as the temporary

15

event notice, and

(c)   

the conditions would not be inconsistent with the carrying out

of the licensable activities under the temporary event notice.

(3)   

Where the authority decides to impose one or more conditions under

subsection (2)—

20

(a)   

the authority must give the premises user notice of the decision,

(b)   

the notice must be accompanied by a separate statement (the

“statement of conditions”) which sets out the conditions that

have been imposed on the temporary event notice, and

(c)   

a copy of the notice and statement of conditions must be given

25

to each relevant party.

(4)   

The notice and statement of conditions under subsection (3) must—

(a)   

be in the prescribed form,

(b)   

be given to the premises user in the prescribed manner, and

(c)   

be given no later than 24 hours before the beginning of the event

30

period specified in the temporary event notice.

(5)   

Where the premises are situated in the area of more than one licensing

authority, the functions conferred on the relevant licensing authority

by subsection (2) must be exercised by those authorities jointly.”.

(4)   

In section 109 (duty to keep and produce temporary event notice)—

35

(a)   

in the title, after “notice” insert “and statement of conditions”,

(b)   

in subsection (2)(a), after “notice” insert “, together with a copy of any

statement of conditions given under section 106A(3) in respect of the

notice”,

(c)   

in subsection (3)(a), after “notice” insert “, together with a copy of any

40

statement of conditions given under section 106A(3) in respect of the

notice”,

(d)   

in subsection (3)(b), for “notice is” substitute “notice and any statement

of conditions are”,

(e)   

in subsection (5)(a), after “notice” insert “or any statement of

45

conditions”,

 
 

 
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Revised 18 February 2011