Licensing Act 2003

124 Convictions coming to light after grant F1 ... E+W

(1) This section applies where, after a licensing authority has granted F2 ... a personal licence, it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of a personal licence (“the offender”) was convicted during the application period of any relevant offence or foreign offence.

(2) The licensing authority must give a notice to that effect to the chief officer of police for its area.

(3) Where, having regard to—

(a) any conviction of the applicant for a relevant offence, and

(b) any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence,

which occurred before the end of the application period, the chief officer of police is satisfied that continuation of the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (2), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

(4) Where an objection notice is given within that period (and not withdrawn), the authority—

(a) must hold a hearing to consider the objection notice, unless the holder of the licence, the chief officer of police and the authority agree it is unnecessary, and

(b) having regard to the notice, must revoke the licence if it considers it [F3 appropriate] for the promotion of the crime prevention objective to do so.

(5) Where the authority revokes or decides not to revoke a licence under subsection (4) it must notify the offender and the chief officer of police of the decision and its reasons for making it.

(6) A decision under this section does not have effect—

(a) until the end of the period given for appealing against the decision, or

(b) if the decision is appealed against, until the appeal is disposed of.

(7) In this section “application period”, in relation to the grant F4 ... of a personal licence, means the period that—

(a) begins when the application for the grant F4 ... is made, and

(b) ends at the time of the grant F4 ....

Textual Amendments

F1 Words in s. 124 heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(2) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F2 Words in s. 124(1) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(3) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F3 Word in s. 124(4)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 111(5), 157(1) (with s. 111(8)); S.I. 2012/1129, art. 2(d)

F4 Words in s. 124(7) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(4) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)