The Licensing Act 2003 (Personal licences) (Amendment) Regulations 2014

Statutory Instruments

2014 No. 3284

Licences And Licensing

The Licensing Act 2003 (Personal licences) (Amendment) Regulations 2014

Made

10th December 2014

Laid before Parliament

15th December 2014

Coming into force

5th January 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 133(1) and (2), 193(1) and 197(2) of the Licensing Act 2003(2).

Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Personal licences) (Amendment) Regulations 2014 and come into force on 5th January 2015.

Amendment to the Licensing Act 2003 (Personal licences) Regulations 2005

2.—(1) The Licensing Act 2003 (Personal licences) Regulations 2005(3) are amended in accordance with paragraphs (2) to (4).

(2) In paragraph (2) of regulation 6 omit “and shall be accompanied by the prescribed fee”.

(3) In paragraph (1) of regulation 7 omit “or 6(2)”.

(4) For the form in Schedule 2 substitute the form in the Schedule to these Regulations.

Lynne Featherstone

Minister of State

Home Office

10th December 2014

Regulation 2(4)

SCHEDULE

[Insert name and address of relevant licensing authority and its reference number (optional)] Application to renew a personal licence

Before completing this form please read the guidance notes at the end of the form.

If you are completing this form by hand please write legibly in block capitals. In all cases ensure that your answers are inside the boxes and written or typed in black ink. Use additional sheets if necessary.

You may wish to keep a copy of the completed form for your records.

GUIDANCE NOTES

Information on the Licensing Act 2003 is available on the gov.uk website or from your local licensing authority.

Please submit the completed form to the licensing authority which granted the licence. The application for the renewal of your licence does not need to be accompanied by a fee or a criminal conviction certificate, criminal record certificate or the results of a subject access search of the police national computer. The licensing authority will acknowledge receipt of your form by e-mail unless you request acknowledgement by post.

Please note that sections 123 and 132 of the Licensing Act 2003 require personal licence holders to notify the relevant licensing authority of a conviction in respect of a relevant or foreign offence (defined in section 113 of the Licensing Act 2003). Please provide this information in section 2 in the box, “Any further details (including any relevant or foreign convictions)”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Licensing Act 2003 (Personal licences) Regulations 2005 (“the 2005 Regulations”) to give effect to new requirements relating to the application for the renewal of a personal licence in accordance with section 117 of the Licensing Act 2003.

Regulation 2(2) removes the requirement that an application for the renewal of a personal licence must be accompanied by a fee.

Regulation 2(3) has the effect of removing the requirement that an application for the renewal of a personal licence must be accompanied by two photographs of the applicant, a criminal conviction certificate, a criminal record certificate or the result of a subject access search, and a declaration relating to a conviction or the absence of a conviction for a relevant or foreign offence.

The form prescribed in the Schedule to these Regulations replaces the form prescribed in Schedule 2 to the 2005 Regulations (the form of the application for the renewal of a personal licence).

An impact assessment has not been prepared for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.

(1)

See definition of “regulations”.

(2)

2003 c. 17.

(3)

S.I. 2005/41, as amended by S.I. 2012/946.