Licensing Act 2003

[F1 172K Procedural requirements in relation to off-sales reviews and hearings E+W

(1) The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42)—

(a) apply in relation to an application for an off-sales review under section 172G as they apply in relation to an application for a review of a premises licence under section 53A,

(b) apply in relation to an off-sales review under section 172G as they apply in relation to a review of a premises licence under section 53A, and

(c) apply in relation to representations under sections 172G to 172J as they apply in relation to representations under sections 53A to 53D.

(2) In their application by virtue of subsection (1), those Regulations have effect with—

(a) the modifications specified in the Table, and

(b) any other necessary modifications.

(3) This is the Table referred to in subsection (2)(a)—

Provision of S.I. 2005/42	Modifications
Regulation 2(1) (interpretation)	(a) In the definition of “application”, as if for “or Part 4” there were substituted “, Part 4 or section 172G”. (b) In the definition of “representations”, as if for “or Part 8” there were substituted “, Part 8 or sections 172G to 172J”. (c) In the definition of “review”, as if after “8” there were inserted “or sections 172G to 172J”.
Regulation 16A (form and content of application)	As if for “Schedule 8A” there were substituted “Schedule 8”.
Regulation 36A(2) (notice of the review)	As if paragraph (b), and the “and” at the end of paragraph (a), were omitted.
Regulation 39A(1) (advertisement of application for review)	As if paragraph (b) were omitted.
Regulation 39A(2) (period for making representations)	As if for “The period prescribed for the purposes of section 53A(3)(e) of the Act” there were substituted “The period during which representations may be made by the holder of the premises licence, any responsible authority or any other person”.
Schedule 8 (prescribed form for application)	As if— (a) in the words before Part 1, “or club premises certificate” were omitted; (b) in the words before Part 1, for “51 / apply for the review of a club premises certificate under section 87” there were substituted “172G”; (c) in the words before Part 1, “(delete as applicable)” were omitted; (d) in Part 1, in the heading “or club premises” were omitted; (e) in Part 1, “or club holding club premises certificate” and “or club premises certificate” were omitted; (f) in Part 2, the text before part (C), except the heading of Part 2, were omitted; (g) in Part 2, for the heading of part (C) there were substituted “Details of responsible authority applicant”; (h) in Part 2, in the words after “when you have made them”, the first tick box option were omitted.

(4) The Licensing Act 2003 (Hearings) Regulations 2005 (S.I. 2005/44)—

(a) apply in relation to a hearing under section 172H as they apply in relation to a hearing under section 53B, and

(b) apply in relation to a hearing under section 172I as they apply in relation to a hearing under section 53C.

(5) In their application by virtue of subsection (4), those Regulations have effect with—

(a) the modifications specified in the Table, and

(b) any other necessary modifications.

(6) This is the Table referred to in subsection (5)(a)—

Provision of S.I. 2005/44	Modifications
Regulation 2 (interpretation)	As if paragraph (4) were omitted.
Regulation 13(c) (power to extend time)	As if for the words from “section 53A” to the end there were substituted “section 172G (summary off-sales reviews) within the period specified in subsection (3)(b) of that section.”
In row 7A and column 2 of the Table in Schedule 2 (persons to whom notice of hearing is given)	As if for “section 53C(7)” there were substituted “section 172I(7)”, for “chief officer of police” there were substituted “person” and for “section 53A(1)” there were substituted “section 172G”.
In row 7A and column 3 of the Table in Schedule 3 (documents to accompany notice of hearing)	As if for “section 53C(7)” there were substituted “section 172I(7)”.

(7) Regulation 2(3A) of the Licensing Act 2003 (Licensing authority’s register) (other information) Regulations (S.I. 2005/43) applies in relation to an application for an off-sales review under section 172G as it applies in relation to an application for a review under section 53A but as if for the words from “that it has been made” to the end there were substituted “the ground or grounds for the review”.]

Textual Amendments

F1 Ss. 172F-172L and cross-heading inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(2), 25(1) (with s. 11(13)) (as amended: (16.9.2021) by S.I. 2021/1049, regs. 1(2), 2(1); (29.9.2022) by S.I. 2022/978, regs. 1(2), 2(2); and (28.9.2023) by S.I. 2023/990, regs. 1(2), 2(2))

Modifications etc. (not altering text)

C1 S. 172K(3): power to amend conferred (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 11(12), 25(1)