Licensing Act 2003

Yn ddilys o 24/11/2005

41 Request to be removed as designated premises supervisor E+W

(1) Where an individual wishes to cease being the designated premises supervisor in respect of a premises licence, he may give the relevant licensing authority a notice to that effect.

(2) Subsection (1) is subject to regulations under section 54 (form etc. of notices etc.).

(3) Where the individual is the holder of the premises licence, the notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).

(4) In any other case, the individual must no later than 48 hours after giving the notice under subsection (1) give the holder of the premises licence—

(a) a copy of that notice, and

(b) a notice directing the holder to send to the relevant licensing authority within 14 days of receiving the notice—

(i) the premises licence (or the appropriate part of the licence), or

(ii) if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).

(5) A person commits an offence if he fails, without reasonable excuse, to comply with a direction given to him under subsection (4)(b).

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Where an individual—

(a) gives the relevant licensing authority a notice in accordance with this section, and

(b) satisfies the requirements of subsection (3) or (4),

he is to be treated for the purposes of this Act as if, from the relevant time, he were not the designated premises supervisor.

(8) For this purpose “the relevant time” means—

(a) the time the notice under subsection (1) is received by the relevant licensing authority, or

(b) if later, the time specified in the notice.