- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/01/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/12/2020
Point in time view as at 31/01/2017.
There are currently no known outstanding effects for the Local Government (Miscellaneous Provisions) Act 1982, Paragraph 12.
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12(1)A licence under this Schedule shall not be granted—E+W
(a)to a person under the age of 18; or
(b)to a person who is for the time being disqualified under paragraph 17(3) below; or
(c)to a person, other than a body corporate, who is not resident in [F1an EEA state] or was not so resident throughout the period of six months immediately preceding the date when the application was made; or
(d)to a body corporate which is not incorporated in [F1an EEA state]; or
(e)to a person who has, within a period of 12 months immediately preceding the date when the application was made, been refused the grant or renewal of a licence for the premises, vehicle, vessel or stall in respect of which the application is made, unless the refusal has been reversed on appeal.
(2)Subject to paragraph 27 below, the appropriate authority may refuse—
(a)an application for the grant or renewal of a licence on one or more of the grounds specified in sub-paragraph (3) below;
(b)an application for the transfer of a licence on either or both of the grounds specified in paragraphs (a) and (b) of that sub-paragraph.
(3)The grounds mentioned in sub-paragraph (2) above are—
(a)that the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason;
(b)that if the licence were to be granted, renewed or transferred the business to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant, renewal or transfer of such a licence if he made the application himself;
[F2(c)that the number of sex establishments, or of sex establishments of a particular kind, in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality;]
(d)that the grant or renewal of the licence would be inappropriate, having regard—
(i)to the character of the relevant locality; or
(ii)to the use to which any premises in the vicinity are put; or
(iii)to the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made.
(4)Nil may be an appropriate number for the purposes of sub-paragraph (3)(c) above.
(5)In this paragraph “the relevant locality” means—
(a)in relation to premises, the locality where they are situated; and
(b)in relation to a vehicle, vessel or stall, any locality where it is desired to use it as a sex establishment.
Textual Amendments
F1Words in Sch. 3 para. 12(1)(c)(d) substituted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 47(4) (with regs. 2, 5)
F2Sch. 3 para. 12(3)(c) substituted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(5), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)
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