Valid from 01/05/1998
[F12A(1)This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated—E+W
(a)stating that there is a serious problem relating to the supply or use of controlled drugs at the premises or at any premises nearby which are controlled by the holder of the licence; and
(b)giving reasons for his view that there is such a problem.
(2)An application for the renewal or transfer of the licence may be refused by the Council on the ground that they are satisfied that not renewing or transferring it will significantly assist in dealing with the problem.
(3)The Council shall give the reasons for their refusal of the application to—
(a)the holder of the licence; and
(b)in the case of an application for the transfer of the licence, the person to whom the licence would have been transferred if the application had been granted.
(4)A person to whom reasons are given may make representations to the Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.
(5)After considering any representations, the Council shall (unless the date of expiry of the licence has passed) either—
(a)confirm the refusal of the application; or
(b)grant the application.
(6)The Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.
(7)In this paragraph “premises” includes any place.]
Textual Amendments
F1Sch. 12 para. 2A inserted (1.5.1998) by 1997 c. 49, s. 2(3); S.I. 1998/1009, art. 2 (with art. 3)