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The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
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- UK Statutory Instruments
- 2005 No. 42
- PART 5
- Regulation 38
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Changes and effects yet to be applied to Regulation 38:
- Regulations applied (with modifications) by 2003 c. 17, s. 172K(1)-(3) (as inserted) (temp.) by 2020 c. 16 s. 11(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 4A inserted by S.I. 2009/1809 Sch.
- Sch. 4A form substituted by S.I. 2017/411 Sch. 7
- Sch. 4B inserted by S.I. 2009/1809 Sch.
- Sch. 4B Form substituted by S.I. 2012/2290 reg. 6 Sch. 4
- Sch. 4B form substituted by S.I. 2013/432 reg. 4 Sch. 2
- Sch. 4B form substituted by S.I. 2017/411 Sch. 8
- Sch. 9 Pt. B Form substituted by S.I. 2012/2290 reg. 7 Sch. 5
- reg. 13A 13B inserted by S.I. 2009/1809 reg. 2(6)
- reg. 19A inserted by S.I. 2009/1809 reg. 2(8)
- reg. 21A 21B inserted by S.I. 2009/3159 reg. 5
- reg. 26A inserted by S.I. 2009/1809 reg. 2(12)
- reg. 26A(2)(b)(vii) reg. 26A(2)(b)(v) renumbered as reg. 26A(2)(b)(vii) by S.I. 2009/3159 reg. 7(a)
- reg. 26A(2)(b)(vii) words substituted by S.I. 2012/955 reg. 7
- reg. 26A(2)(b)(viii) reg. 26A(2)(b)(vi) renumbered as reg. 26A(2)(b)(viii) by S.I. 2009/3159 reg. 7(b)
- reg. 26A(3) words omitted by S.I. 2009/3159 reg. 7(c)
- reg. 26B 26C inserted by S.I. 2012/955 reg. 8
- reg. 27A inserted by S.I. 2009/3159 reg. 8(2)
- reg. 28(1) words substituted by S.I. 2009/3159 reg. 9(a)
- reg. 28(1A) inserted by S.I. 2009/3159 reg. 9(b)
- reg. 28(3) substituted by S.I. 2009/3159 reg. 9(c)
- reg. 39B inserted by S.I. 2009/3159 reg. 10
Advertisement of review by licensing authorityE+W
This section has no associated Explanatory Memorandum
38.—(1) Subject to the provisions of this regulation and regulation 39, the relevant licensing authority shall advertise an application for the review of a premises licence under section 51(3) [F1or 53A], of a club premises certificate under section 87(3) or of a premises licence following a closure order under section 167—
(a)by displaying prominently a notice—
(i)which is—
(aa)of a size equal or larger than A4;
(bb)of a pale blue colour; and
(cc)printed legibly in black ink or typed in black in a font of a size equal to or larger than 16;
(ii)at, on or near the site of the premises to which the application relates where it can conveniently be read from the exterior of the premises by the public and in the case of a premises covering an area of more than 50 metres square, one further notice in the same form and subject to the same requirements shall be displayed every 50 metres along the external perimeter of the premises abutting any highway; and
(iii)at the offices, or the main offices, of the licensing authority in a central and conspicuous place; and
(b)in a case where the relevant licensing authority maintains a website for the purpose of advertisement of applications given to it, by publication of a notice on that website;
[F2(2) the requirements set out in paragraph (1) shall be fulfilled—
(a)in the case of a review of a premises licence following a closure order under section 167, or of a review of such a licence under section 53A, for a period of no less than seven consecutive days starting on the day after the day on which the relevant licensing authority received—
(i)the notice under section 165(4); or
(ii)the application under section 53A
(as the case may be); and
(b)in all other cases, for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority.]
Textual Amendments
F1Words in reg. 38(1) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(4)(a)
F2Reg. 38(2) substituted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(4)(b)
Commencement Information
I1Reg. 38 in force at 7.2.2005, see reg. 1
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