SCHEDULE 8Transitional provision etc.
Part 2Club premises certificates
Determination of application
16
(1)
This paragraph applies where an application is made in accordance with paragraph 14 and the applicant complies with paragraph 15(1).
(2)
Subject to sub-paragraphs (3) and (5), the licensing authority must grant the application.
(3)
Where a notice is given under paragraph 15(2) or (3) (and not withdrawn), the authority must—
(a)
hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and
(b)
having regard to the notice, reject the application if it considers it necessary for the promotion of the crime prevention objective to do so.
(4)
If the relevant licensing authority fails to determine the application within the period of two months beginning with the day on which it received it, then, subject to sub-paragraph (5), the application is to be treated as granted by the authority under this paragraph.
(5)
An application must not be granted (and is not to be treated as granted under sub-paragraph (4)) if the existing club certificate has ceased to have effect at—
(a)
the time of the determination of the application, or
(b)
in a case within sub-paragraph (4), the end of the period mentioned in that sub-paragraph.
(6)
Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).