The Licensing Act 2003 (Forms) (Amendment) Regulations 2013

Statutory Instruments

2013 No. 432

Licences And Licensing

The Licensing Act 2003 (Forms) (Amendment) Regulations 2013

Made

26th February 2013

Laid before Parliament

28th February 2013

Coming into force

21st March 2013

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

Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Forms) (Amendment) Regulations 2013 and come into force on 21st March 2013.

Premises licences: forms

2.  The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(5) (“the 2005 Regulations”) are amended in accordance with regulations 3 to 5 of these Regulations.

3.  For the form in Schedule 4 to the 2005 Regulations, substitute the form in Schedule 1 to these Regulations.

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

5.  For the form in Schedule 10 to the 2005 Regulations, substitute the form in Schedule 3 to these Regulations.

Jeremy Browne

Minister of State

26th February 2013

Regulation 3

SCHEDULE 1

Regulation 4

SCHEDULE 2

Regulation 5

SCHEDULE 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (SI 2005/42) (“the 2005 Regulations”).

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

• an application for the variation of a premises licence,

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

• an application for the variation of a club premises certificate.

The forms prescribed in these Regulations replace the forms prescribed in the 2005 Regulations in relation to the applications for the variation or minor variation of a premises licence or club premises certificate.

The need to prescribe revised versions of these forms is a consequence of the introduction of the late night levy under Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”). If a licensing authority proposes to introduce the late night levy in its area, it is required under the 2011 Act to make arrangements that no application fee is required to be paid by the holders of premises licences or club premises certificates (who would become liable to the levy on its introduction by virtue of their authorisations permitting them to supply alcohol at times in respect of which the levy will chargeable) who apply to vary their authorisations so as to avoid becoming liable for the levy. The reference in the forms to the requirement that no fee accompanies the application in the circumstances to which the 2011 Act apply will assist applicants when making applications for the variation or minor variation of a licence or certificate.

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)

See the definition of “regulations”.

(4)

2003 c. 17.

(5)

S.I. 2005/42 as amended by S.I. 2009/1809, 2999, 3159, 2010/2851, 2012/955 and 2290.