The Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) (Amendment) Regulations 2010

Statutory Instruments

2010 No. 2851

Licences And Licensing

The Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) (Amendment) Regulations 2010

Made

29th November 2010

Laid before Parliament

1st December 2010

Coming into force

1st January 2011

The Secretary of State, in exercise of the powers conferred upon her by sections 17(4), 29(6), 47(2), 54, 100(4) and (5), 102(2), 193 and 197(2) of the Licensing Act 2003(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) (Amendment) Regulations 2010 and come into force on 1st January 2011.

Premises licences: forms and notices

2.  The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(2) (“the 2005 Regulations”) are amended in accordance with regulations 3 to 6 of these Regulations.

3.  For the form in Schedule 2 to the 2005 Regulations, substitute the form in Schedule 1 to these Regulations.

4.  For the form in Schedule 3 to the 2005 Regulations, substitute the form in Schedule 2 to these Regulations.

5.  For the form in Schedule 6 to the 2005 Regulations, substitute the form in Schedule 3 to these Regulations.

6.  For the form in Schedule 7 to the 2005 Regulations, substitute the form in Schedule 4 to these Regulations.

Permitted temporary activities: temporary event notice

7.  For the form in Schedule 1 to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005(3), substitute the form in Schedule 5 to these Regulations.

James Brokenshire

Parliamentary Under Secretary of State

Home Office

29th November 2010

Regulation 3

SCHEDULE 1

Regulation 4

SCHEDULE 2

Regulation 5

SCHEDULE 3

Regulation 6

SCHEDULE 4

Regulation 7

SCHEDULE 5

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 licences and certificates regulations”) and the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005 (SI 2005/2918) (“the permitted temporary activities regulations”).

The purpose of the amendments is to prescribe the forms in relation to applications for the grant of a premises licence, the grant of a provisional statement and the transfer of a premises licence, and forms in relation to an interim authority notice and a temporary event notice.

The forms prescribed in these Regulations replace the forms prescribed in the licences and certificates regulations in relation to applications for the grant of a premises licence, the grant of a provisional statement and the transfer of a premises licence. This is as a consequence of amendments to section 16 of the Licensing Act 2003 (“the 2003 Act”) by the Health and Social Care Act 2008 (Consequential Amendments No 2) Order 2010 (SI 2010/813) (“the Order”) which came into force on 1st October 2010. Section 16 of the 2003 Act prescribes those persons who may apply for a premises licence, provisional statement or transfer of a premises licence, and the identity of those prescribed persons has been amended by the Order. The form of an application for the grant of a premises licence, the grant of a provisional statement and the transfer of a premises licence contains the list of persons which is set out in section 16 of the 2003 Act, and the forms prescribed in these Regulations each contain that list of persons to mirror the amendments to section 16 of the 2003 Act.

The form of interim authority notice prescribed in these Regulations replaces the notice prescribed in the licences and certificates regulations. This is as a consequence of amendments to section 47 of the 2003 Act by the Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (SI 2010/2452) (“the LRO”) which came into force on 1st October 2010. Section 47 of the 2003 Act prescribes the time by which a person must give an interim authority notice to a licensing authority, and the prescribed time limit has been amended by the LRO. The form of notice contains reference to this prescribed time limit, and the form of notice prescribed in these Regulations contains reference to the time limit as amended.

The form of temporary event notice prescribed in these Regulations replaces the notice prescribed in the permitted temporary activities regulations. The form of notice prescribed in the permitted temporary activities regulations contains reference to the Department for Culture, Media and Sport. This reference is deleted from the form of notice prescribed in these Regulations.

(1)

2003 c.17.

(2)

S.I. 2005/42 as amended by S.I. 2009/1809, S.I. 2009/2999 and S.I. 2009/3159.

(3)

S.I. 2005/2918.