The Licensing Act 2003 (Forms and Notices) (Amendment) Regulations 2012

Statutory Instruments

2012 No. 2290

Licences And Licensing

The Licensing Act 2003 (Forms and Notices) (Amendment) Regulations 2012

Made

5th September 2012

Laid before Parliament

10th September 2012

Coming into force

1st October 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 17(2) to (4), 29(4) and (6), 34(2), 41A(2)(1), 54, 71(3) to (5), 84(2), 86A(2)(2), 91, 100(4) and (5)(3) and 193(4) of the Licensing Act 2003(5).

Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Forms and Notices) (Amendment) Regulations 2012 and come into force on 1st October 2012.

Premises licences: forms

2.  The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(6) (“the 2005 Regulations”) are amended in accordance with regulations 3 to 8 of these Regulations.

3.  For the form in Schedule 2 to the 2005 Regulations, substitute the form in Schedule 1 to these Regulations.

4.  For the form in Schedule 3 to the 2005 Regulations, substitute the form in Schedule 2 to these Regulations.

5.  For the form in Schedule 4 to the 2005 Regulations, substitute the form in Schedule 3 to these Regulations.

6.  For the form in Schedule 4B to the 2005 Regulations, substitute the form in Schedule 4 to these Regulations.

7.  For the form in Part B of Schedule 9 to the 2005 Regulations, substitute the form in Schedule 5 to these Regulations.

8.  For the form in Schedule 10 to the 2005 Regulations, substitute the form in Schedule 6 to these Regulations.

Permitted temporary activities: temporary event notice

9.  For the form in Schedule 1 to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005(7), substitute the form in Schedule 7 to these Regulations.

Theresa May

Secretary of State

Home Office

5th September 2012

Regulation 3

SCHEDULE 1

Regulation 4

SCHEDULE 2

Regulation 5

SCHEDULE 3

Regulation 6

SCHEDULE 4

Regulation 7

SCHEDULE 5

Regulation 8

SCHEDULE 6

Regulation 9

SCHEDULE 7

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (SI 2005/42) (“the licences and certificates regulations”) and the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (SI 2005/2918) (“the permitted temporary activities regulations”).

The purpose of the amendments is to prescribe the form of:

• an application for the grant or variation of a premises licence,

• an application for the grant of a provisional statement,

• an application for the minor variation of a premises licence or club premises certificate,

• an application for the grant or variation of a club premises certificate, and

• a temporary event notice.

The forms prescribed in these Regulations replace the forms prescribed in the licences and certificates regulations in relation to the grant or variation of a premises licence, the grant of a provisional statement, the minor variation of a premises licence or club premises certificate and the grant or variation of a club premises certificate.

The form of temporary event notice prescribed in these Regulations replaces the notice prescribed in the permitted temporary activities regulations.

The need to prescribe revised versions of these forms is as a consequence of amendments to the Licensing Act 2003 (“the 2003 Act”) by the Live Music Act 2012 (“the 2012 Act”). In particular, the 2012 Act amended Schedule 1 to the 2003 Act to remove the provision of entertainment facilities from the definition of what constitutes the provision of regulated entertainment under that Act. Therefore, references to the provision of entertainment facilities in each of the previous versions of the forms are required to be removed.

An impact assessment has not been produced for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.

(1)

Section 41A was inserted into the Licensing Act 2003 (c. 17) by article 2(2) of the Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772).

(2)

Section 86A was inserted into the Licensing Act 2003 by article 3(2) of the Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009.

(3)

Section 100(5) was amended by section 115(1) and (2)(b) of the Police Reform and Social Responsibility Act 2011 (c. 13).

(4)

See the definitions of “prescribed” and “regulations”.

(5)

2003 c. 17.

(6)

S.I. 2005/42 as amended by S.I. 2009/1809, 2999, 3159, 2010/2851 and 2012/955.

(7)

S.I. 2005/2918 as amended by S.I. 2010/2851 and S.I. 2012/960.