Licensing Act 2003

Licensing committees E+W

9 Proceedings of licensing committee E+W

(1) A licensing committee may establish one or more sub-committees consisting of three members of the committee.

(2) Regulations may make provision about—

(a) the proceedings of licensing committees and their sub-committees (including provision about the validity of proceedings and the quorum for meetings),

(b) public access to the meetings of those committees and sub-committees,

(c) the publicity to be given to those meetings,

(d) the agendas and records to be produced in respect of those meetings, and

(e) public access to such agendas and records and other information about those meetings.

(3) Subject to any such regulations, each licensing committee may regulate its own procedure and that of its sub-committees.

Modifications etc. (not altering text)

C1 S. 9 applied (21.5.2007) by Gambling Act 2005 (c. 19), ss. 154(5), 358 (with ss. 352, 354); S.I. 2006/3272, art. 2(2), Sch. 2 (with savings and transitional provisions in Sch. 4) (as amended by S.I. 2007/1157)

C2 S. 9 applied (1.12.2007) by Gambling Act 2005 (c. 19), ss. 232(4), 358 (with ss. 352, 354); S.I. 2007/3155, art. 2

Commencement Information

I1 S. 9(2) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 9(1)(3) in force at 10.9.2004 by S.I. 2004/2360, art. 2(2)

10 Sub-delegation of functions by licensing committee etc. E+W

(1) A licensing committee may arrange for the discharge of any functions exercisable by it—

(a) by a sub-committee established by it, or

(b) subject to subsection (4), by an officer of the licensing authority.

(2) Where arrangements are made under subsection (1)(a), then, subject to subsections (4) and (5), the sub-committee may in turn arrange for the discharge of the function concerned by an officer of the licensing authority.

(3) Arrangements under subsection (1) or (2) may provide for more than one sub-committee or officer to discharge the same function concurrently.

(4) Arrangements may not be made under subsection (1) or (2) for the discharge by an officer of—

(a) any function under—

(i) section 18(3) (determination of application for premises licence where representations have been made),

(ii) section 31(3) (determination of application for provisional statement where representations have been made),

(iii) section 35(3) (determination of application for variation of premises licence where representations have been made),

(iv) section 39(3) (determination of application to vary designated premises supervisor following police objection),

(v) section 44(5) (determination of application for transfer of premises licence following F1 ... objection),

(vi) section 48(3) (consideration of F2 ... objection made to interim authority notice),

[F3 (via) section 53A(2)(a) or 53B (determination of interim steps pending summary review),]

(vii) section 72(3) (determination of application for club premises certificate where representations have been made),

(viii) section 85(3)(determination of application to vary club premises certificate where representations have been made),

(ix) section 105(2) (decision to give counter notice following police objection to temporary event notice),

(x) section 120(7) (determination of application for grant of personal licence following F4 ... objection),

F5 (xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii) section 124(4) (revocation of licence where convictions come to light after grant etc.),

[F6 (xiii) section 132A(8) and (12) (revocation or suspension of licence by local authority where it becomes aware of convictions or immigration penalties),]

[F7 (xiv) section 172G(3)(a) or 172H (determination of interim steps pending summary off-sales review),]

(b) any function under section 52(2) or (3) (determination of application for review of premises licence) in a case where relevant representations (within the meaning of section 52(7)) have been made,

[F8 (ba) any function under section 53C (review following review notice), in a case where relevant representations (within the meaning of section 53C(7)) have been made,]

(c) any function under section 88(2) or (3) (determination of application for review of club premises certificate) in a case where relevant representations (within the meaning of section 88(7)) have been made, or

(d) any function under section 167(5) (review following closure order), in a case where relevant representations (within the meaning of section 167(9)) have been made.

[F9 (da) any function under section 172I (off-sales review following review application), in a case where relevant representations (within the meaning of section 172I(7)) have been made, or]

(5) The power exercisable under subsection (2) by a sub-committee established by a licensing committee is also subject to any direction given by that committee to the sub-committee.

Textual Amendments

F1 Word in s. 10(4)(a)(v) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 29; S.I. 2017/380, reg. 2(b)

F2 Word in s. 10(4)(a)(vi) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 29; S.I. 2017/380, reg. 2(b)

F3 S. 10(4)(a)(via) inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(1)(a), 66(2)(3); S.I. 2007/2180, art. 3(a)

F4 Word in s. 10(4)(a)(x) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 29; S.I. 2017/380, reg. 2(b)

F5 S. 10(4)(a)(xi) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 2 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F6 S. 10(4)(a)(xiii) inserted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 138(2), 183(1)(5)(e); S.I. 2017/399, reg. 3(d)

F7 S. 10(4)(a)(xiv) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(4)(a), 25(1) (with s. 11(13))

F8 S. 10(4)(ba) inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(1)(b), 66(2)(3); S.I. 2007/2180, art. 3(a)

F9 S. 10(4)(da) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(4)(c), 25(1) (with s. 11(13))

Modifications etc. (not altering text)

C3 S. 10 applied (with modifications) (21.5.2007) by Gambling Act 2005 (c. 19), ss. 154(3)(4), 358 (with ss. 352, 354); S.I. 2006/3272, art. 2(2), Sch. 2 (with savings and transitional provisions in Sch. 4) (as amended by S.I. 2007/1157)

C4 S. 10 applied (with modifications) (1.12.2007) by Gambling Act 2005 (c. 19), ss. 232(2)(3), 358 (with ss. 352, 354); S.I. 2007/3155, art. 2

C5 S. 10 applied (13.9.2024 for specified purposes) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 21(2)(b) (with Sch. 3 para. 21(3)); S.I. 2024/938, art. 2(1)(k)