|
| |
|
(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 |
| |
| 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 |
| |
(i) | in paragraph (b), for “interested parties and responsible |
| |
authorities” substitute “responsible authorities and other |
| |
| |
(ii) | in paragraph (c), for “interested party” substitute “other |
| 20 |
| |
(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 |
| |
| |
(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 |
| |
(a) | in paragraph (a), for “an interested party” substitute “any other |
| |
| |
(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 |
| |
| 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 |
| |
| |
(e) | in subsection (14), for ““interested party” and “responsible authority” |
| |
have” substitute ““responsible authority” has”. |
| 45 |
|
| |
|
| |
|
(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 |
| |
(a) | in the title, omit “, interested parties”, |
| |
(b) | in subsection (1), omit ““interested party”,”, and |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
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) | 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 |
| |
| |
(a) | in paragraph (a), for “an interested party” substitute “any other |
| |
| 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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
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 |
| |
| |
(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 |
| |
| 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 |
|
| |
|
| |
|
(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 |
| |
| 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. |
| |
| |
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 |
| |
| 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 |
| |
(4) | In the title to section 104 (objection to notice), for “the police” substitute “a |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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”). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(c) | in subsection (2)(b), for “the crime prevention objective” substitute “a |
| 5 |
| |
(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 |
| |
| |
| 15 |
(i) | for “chief officer of police” substitute “relevant person”, and |
| |
(ii) | after “of the premises user” insert “and each other relevant |
| |
| |
(d) | in subsection (4), for “chief officer of police” substitute “relevant |
| |
| 20 |
| |
(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 |
| |
| |
(b) | in paragraph 16(3), for “chief officer of police” substitute “relevant |
| 30 |
| |
(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 |
| |
| |
“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 |
| |
“(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”. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(d) | in subsection (3)(b), for “notice is” substitute “notice and any statement |
| |
| |
(e) | in subsection (5)(a), after “notice” insert “or any statement of |
| 45 |
| |
|
| |
|