Part 9E+WMiscellaneous and supplementary

[F1Modification of premises licences to authorise off-sales for limited periodE+W

Textual Amendments

F1Ss. 172F-172L and cross-heading inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(2), 25(1) (with s. 11(13))

172GSummary off-sales reviewsE+W

(1)A responsible authority may apply under this section to the relevant licensing authority for an off-sales review of a premises licence to which section 172F(2) or (5) applies on grounds which are relevant to one or more of the licensing objectives.

(2)An “off-sales review” of a premises licence is a review of the licence in so far as it relates to—

(a)in the case of a licence to which section 172F(2) applies, off-sales authorised by virtue of section 172F(2) (see subsection (5)), or

(b)in the case of a licence to which section 172F(5) applies, the section 172F(5) condition or conditions (as the case may be) (see subsection (6)).

(3)On receipt of such an application, the relevant licensing authority must—

(a)within 48 hours of the time of its receipt, consider under section 172H whether it is necessary to take interim steps pending the determination of the off-sales review, and

(b)within 28 days after the day of its receipt, review that licence in accordance with section 172I and reach a determination on that review.

(4)In computing the period of 48 hours mentioned in subsection (3)(a) time that is not part of a working day is to be disregarded.

(5)For the purposes of this section and sections 172H to 172J, “off-sales authorised by virtue of section 172F(2)”, in relation to a premises licence, means the sale by retail of alcohol for consumption off the licensed premises authorised by the authorisation granted by virtue of section 172F(2) (including that authorisation as subsequently varied or modified in so far as it has effect in relation to the relevant period).

(6)For the purposes of this section and sections 172H to 172J, “section 172F(5) condition”, in relation to a premises licence, means a condition that has effect by virtue of section 172F(5)(a), (b) or (c) in relation to the licence (including such a condition as subsequently varied or modified in so far as it has effect in relation to the relevant period).

(7)See section 172K regarding procedural requirements in relation to applications under this section, off-sales reviews and related hearings.]

Modifications etc. (not altering text)