Licensing Act 2003

39 Determination of section 37 application E+W

(1) This section applies where an application is made, in accordance with section 37, to vary a premises licence so as to specify a new premises supervisor (“the proposed individual”).

(2) Subject to subsection (3), the relevant licensing authority must grant the application.

(3) Where a notice is given under section 37(5) (and not withdrawn), the authority must—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 [F1 appropriate] for the promotion of the crime prevention objective to do so.

(4) Where an application under section 37 is granted or rejected, the relevant licensing authority must give a notice to that effect to—

(a) the applicant,

(b) the proposed individual, and

(c) the chief officer of police for the police area (or each police area) in which the premises are situated.

(5) Where a chief officer of police gave a notice under subsection (5) of that section (and it was not withdrawn), the notice under subsection (4) of this section must state the authority’s reasons for granting or rejecting the application.

(6) Where the application is granted, the notice under subsection (4) must specify the time when the variation takes effect.

That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.

Textual Amendments

F1 Word in s. 39(3)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 109(7), 157(1) (with s. 109(15)); S.I. 2012/1129, art. 2(d)

Commencement Information

I1 S. 39 in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2