Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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Page 17

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(b) the application is accompanied by the documents mentioned in sub-paragraph (3), and

(c) the applicant gives a copy of the application to the chief officer of police for the relevant licensing authority's area within 48 hours from the time the application is made.

(2) In this paragraph "transitional period" means such period (of not less than six months) as may be specified for the purposes of this Part.

(3) The documents are--

(a) the justices' licence (or a certified copy of that licence),

(b) a photograph of the applicant in the specified form which is endorsed, by a person of a specified description, with a statement verifying the likeness of the photograph to the applicant, and

(c) where the applicant has been convicted of any relevant offence or foreign offence on or after the relevant date, a statement giving details of the offence.

(4) In this paragraph any reference to a certified copy of a justices' licence is to a copy of that licence certified to be a true copy--

(a) by the chief executive of the licensing justices for the licensing district concerned,

(b) by a solicitor or notary, or

(5) A document which purports to be a certified copy of a justices' licence is to be taken to be such a copy, unless the contrary is shown.

Section 120 disapplied

24 Section 120 (determination of application for grant) does not apply in relation to the application.

Police objections

25 (1) Sub-paragraph (2) applies where--

(a) the applicant has been convicted of any relevant offences or foreign offences on or after the relevant date, and

(b) having regard to--

(i) any conviction of the applicant for a relevant offence, and

(ii) any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence,

whether occurring before or after the relevant date, the chief officer of police is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective.

(2) The chief officer of police must give a notice stating the reasons why he is so satisfied (an "objection notice")--

(a) to the relevant licensing authority, and

(b) to the applicant.

(3) The objection notice must be given no later than 28 days after the day on which the chief officer of police receives a copy of the application in accordance with paragraph 23(1)(c).

(4) For the purposes of this paragraph--

(a) "relevant offence" and "foreign offence" have the meaning given in section 113, and

(b) section 114 (spent convictions) applies for the purposes of this paragraph as it applies for the purposes of section 120.

Determination of application

26 (1) The relevant licensing authority must grant the application if--

(a) it is satisfied that the applicant holds a justices' licence, and

(b) no objection notice has been given within the period mentioned in paragraph 25(3) or any notice so given has been withdrawn.

(2) Where the authority is not satisfied that the applicant holds a justices' licence, it must reject the application.

(3) Where the authority is so satisfied, but sub-paragraph (1)(b) does not apply, it--

(a) must hold a hearing to consider the objection notice, and

(b) having regard to the notice, must--

(i) reject the application if it considers it necessary for the promotion of the crime prevention objective to do so, and

(ii) grant the application in any other case.

(4) If the authority fails to determine the application within the period of three months beginning with the day on which it receives it, then, the application is to be treated as granted by the authority under this paragraph.

(5) Section 10 applies as if the relevant licensing authority's functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

(6) In the application of section 122 (notification of determinations) to a determination under this paragraph, the references to an objection notice are to be read as references to an objection notice within the meaning of paragraph 25(2).

Appeals

27 (1) Where a licensing authority rejects an application under paragraph 26, the applicant may appeal against that decision.

(2) Where a licensing authority grants an application for a personal licence under paragraph 26(3), the chief officer of police who gave the objection notice may appeal against that decision.

(3) Section 181 and paragraph 17(6) and (7) of Schedule 5 (general provision about appeals relating to personal licences) apply in relation to appeals under this paragraph as they apply in relation to appeals under paragraph 17 of that Schedule.

(4) Paragraph 17(8) of that Schedule applies in relation to an appeal under sub-paragraph (2) above.

Interpretation of Part 3

28 For the purposes of this Part--

"relevant date", in relation to the holder of a justices' licence, means--
(a)
the date when the licence was granted, or
(b)
where it has been renewed, the last date when it was renewed, or
(c)
where it has been transferred to the holder and has not been renewed since the transfer, the date when it was transferred; and
"relevant licensing authority", in relation to an application for a personal licence under section 117, means the authority to which the application is made in accordance with that section.

Part 4 Miscellaneous and general

Consultation on licensing policy

29 Until such time as section 59 of the 1964 Act (prohibition of sale, etc. of alcohol except during permitted hours and in accordance with justices' licence etc.) ceases to have effect in accordance with this Act, section 5(3) of this Act (licensing authority's duty to consult before determining licensing policy) has effect as if for paragraphs (c) to (e) there were substituted--

" (c) such persons as the licensing authority considers to be representative of holders of existing licences (within the meaning of Part 1 of Schedule 8) in respect of premises situated in the authority's area,

(d) such persons as the licensing authority considers to be representative of clubs registered (within the meaning of the Licensing Act 1964 (c. 26)) in respect of any premises situated in the authority's area, " .

Meaning of "methylated spirits" (transitory provision)

30 Until such time as an order is made under subsection (6) of section 5 of the Finance Act 1995 (c. 4) (denatured alcohol) bringing that section into force, section 191 of this Act (meaning of "alcohol") has effect as if--

(a) for subsection (1)(f) there were substituted--

" (f) methylated spirits, " , and

(b) in subsection (2), the definition of "denatured alcohol" were omitted and at the appropriate place there were inserted--

" "methylated spirits" has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4); " .

Savings

31 Notwithstanding the repeal by this Act of Schedule 12 to the London Government Act 1963 (c. 33) (licensing of public entertainment in Greater London), or of any enactment amending that Schedule, that Schedule shall continue to apply in relation to--

(a) licences granted under section 21 of the Greater London Council (General Powers) Act 1966 (c. xxviii) (licensing of public exhibitions in London), and

(b) licences granted under section 5 of the Greater London Council (General Powers) Act 1978 (c. xiii) (licensing of entertainments booking offices in London),

as it applied before that repeal.

32 (1) In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments), paragraph (ii) of the proviso to paragraph 3A (as substituted by paragraph 85(3) of Schedule 6 to this Act) does not apply in relation to a borough of a participating council (within the meaning of section 2 of the London Local Authorities Act 1990 (c. vii)) which has appointed a day under section 3 of that Act for the coming into force of section 18 of that Act (repeal of paragraph (ii) of the proviso to paragraph 3A of Schedule 3 to that Act).

(2) On or after the coming into force of paragraph 85(3) of Schedule 6 to this Act, the reference in section 18 of that Act to paragraph (ii) of the proviso to paragraph 3A of Schedule 3 to that Act is to be read as a reference to that paragraph as substituted by paragraph 85(3) of Schedule 6 to this Act.

33 Notwithstanding that by virtue of this Act the Cinemas Act 1985 (c. 13) ceases to have effect in England and Wales, section 6 of that Act (other than subsection (3)), and sections 5, 20 and 21 of that Act so far as relating to that section, shall continue to have effect there for the purposes of--

(a) paragraph 3(2)(b) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (definition of "sex cinema"), and

(b) section 3(6)(b) of the Video Recordings Act 1984 (c. 39) (exempted supplies).

Interpretation

34 In this Schedule--

"justices' licence" means a justices' licence under Part 1 of the 1964 Act;
"specified" means specified by order; and
"the 1964 Act" means the Licensing Act 1964 (c. 26).

Amended by correction slip on 22 December 2003

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