Licensing Act 2003

Yn ddilys o 31/10/2012

172B Procedural requirements for early morning alcohol restriction order E+W

(1) A licensing authority proposing to make an order under section 172A must—

(a) advertise the proposed order in the prescribed manner, and

(b) hold a hearing to consider any relevant representations, unless the authority and each person who has made such representations agree that a hearing is unnecessary.

(2) In this section “relevant representations” means representations which—

(a) are about the likely effect of the making of the proposed order on the promotion of the licensing objectives,

(b) are made to the licensing authority by—

(i) an affected person,

(ii) an interested party, or

(iii) a responsible authority,

(c) are made in the prescribed form and manner and within the prescribed period,

(d) have not been withdrawn, and

(e) in the case of representations made by an affected person or an interested party (who is not also a responsible authority), that they are not, in the opinion of the licensing authority, frivolous or vexatious.

(3) In subsection (2)(b)(i) “affected person” means—

(a) the holder of a premises licence or club premises certificate in respect of affected premises,

(b) the premises user in relation to a temporary event notice in respect of affected premises,

(c) a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and

(d) a person to whom a provisional statement has been issued in respect of affected premises.

(4) In subsection (2)(b)(ii) “interested party” means—

(a) a person living in the vicinity of affected premises,

(b) a body representing persons who live in that vicinity,

(c) a person involved in a business in that vicinity,

(d) a body representing persons involved in such businesses, and

(e) a member of the licensing authority.

(5) In subsection (2)(b)(iii) “responsible authority” means—

(a) the chief officer of police for a police area any part of which is in the area specified in the order,

(b) the fire and rescue authority for an area any part of which is in the area specified in the order,

(c) the local weights and measures authority for any such area,

(d) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area,

(e) the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any such area,

(f) the local authority by which statutory functions are exercisable in the area specified in the order in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

(g) a body which—

(i) represents those who, in relation to the area specified in the order, are responsible for, or interested in, matters relating to the protection of children from harm, and

(ii) is recognised by the licensing authority for the purposes of this section as being competent to advise on such matters,

(h) any other licensing authority in whose area part of any affected premises is situated,

(i) where affected premises are a vessel—

(i) a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is navigated at a time when it is used for licensable activities to which the proposed order relates,

(ii) the Environment Agency,

(iii) the British Waterways Board, and

(iv) the Secretary of State, and

(j) a prescribed person.

(6) Where a licensing authority determines for the purposes of subsection (2)(e) that any representations are frivolous or vexatious, it must notify the person who made them of its reasons for its determination.

(7) In this section—

• “affected premises”, in relation to a proposed order, means premises in respect of which it applies from the date specified in it;

• “statutory function” means a function conferred by or under an enactment.