SCHEDULE 6FURTHER MODIFICATIONS OF 2005 ACT

I113

1

Section 74 (determination of personal licence application) is amended as follows.

2

In subsection (5), for paragraph (b) substitute—

b

the notice received from the appropriate chief constable under subsection (3)(a) or (b) of section 73 includes a recommendation under subsection (4) of that section,

3

After subsection (5) insert—

5A

If—

a

all of those conditions are met in relation to the applicant,

b

the Board has received from the appropriate chief constable a notice under subsection (3)(b) of section 73, and

c

the notice does not include a recommendation under subsection (4) of that section,

the Board may hold a hearing for the purpose of considering and determining the application.

5B

If the Board decides not to hold a hearing under subsection (5A), the Board must grant the application.

4

In subsection (6)—

a

after “subsection (5)” insert “ or (5A) ”, and

b

in paragraph (a), for “the crime prevention objective” substitute “ any of the licensing objectives ”.