13(1)Subject to the following provisions of this paragraph, an application for cancellation of the registration of a club or institute under Part III of this Act may be made at any time by the appropriate officer of police to the [F1chief executive] to the licensing authority.E+W+S
(2)Any such application shall be made in the prescribed form and manner and shall be accompanied by two copies of a statement of the grounds on which the application is made.
Textual Amendments
F1Words in Sch. 7 para. 13(1) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 60(d) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
14E+W+SWhere such an application has been made and not withdrawn, the [F2chief executive] to the licensing authority shall give to the appropriate officer of police and to the chairman or secretary of the club or institute not less than twenty-one days’ notice in writing of the date, time and place appointed for the consideration of the application by the authority, and shall send to the chairman or secretary of the club or institute together with that notice a copy of a statement by the appropriate officer of police of the grounds on which the application is made.
Textual Amendments
F2Words in Sch. 7 para. 14 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 60(d) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
15E+W+SAt any meeting of the licensing authority to consider such an application, the appropriate officer of police and the chairman or secretary of the club or institute shall be entitled to be heard either in person or by counsel or a solicitor.
16E+W+SA licensing authority may from time to time adjourn the consideration of any application for cancellation of the registration of a club or institute under Part III of this Act.
17E+W+SOn the consideration of any such application, a licensing authority may take evidence on oath and may make such order as they think fit for the payment of costs—
(a)by the appropriate officer of police to the chairman or secretary of the club or institute, or
(b)by the chairman or secretary of the club or institute to the appropriate officer of police.
18E+W+SOn any such application the licensing authority may cancel the registration of the club or institute under Part III of this Act if they are satisfied—
(a)that the relevant premises are frequented wholly or mainly by persons under eighteen, or
(b)that, in the case of a club, the club is not a bona fide members’ club, or has less than twenty-five members, or is of a merely temporary character, or
(c)that a person has been convicted as mentioned in paragraph 9 of this Schedule,
and (in any such case) that in the circumstances the registration ought to be cancelled.
19E+W+SIf on the consideration of any such application the licensing authority decide to cancel the registration, the cancellation—
(a)shall not take effect until the time within which the chairman or secretary of the club or institute can appeal against that decision has expired, and
(b)if he so appeals, shall not take effect until the appeal has been determined or abandoned.
20(1)Where on any such application the licensing authority decide to cancel the registration, the [F3chief executive] to the licensing authority shall forthwith give notice of the decision to the chairman or secretary of the club or institute; and, within [F4twenty-one days] from the date of service of that notice, the chairman or secretary may, by notice to the [F3chief executive] to the licensing authority, appeal against the decision to [F5the Crown Court.]E+W+S
(2)Sub-paragraphs (2) to (5) of paragraph 11 of this Schedule, and the provisions applied by paragraph 12 of this Schedule, shall have effect in relation to cancellation of the registration of a club or institute under Part III of this Act as they have effect in relation to refusal to register a club or institute.
Textual Amendments
F3Words in Sch. 7 para. 20(1) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 60(d) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F4Words substituted by virtue of S.I. 1982/1109, rules 6, 7, Sch. 3 Pt. II
F5Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I