- Latest available (Revised)
- Point in Time (25/04/2012)
- Original (As enacted)
Version Superseded: 01/04/2013
Point in time view as at 25/04/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Licensing Act 2003, Section 5 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Each licensing authority must in respect of each [F1five] year period—
(a)determine its policy with respect to the exercise of its licensing functions, and
(b)publish a statement of that policy F2... before the beginning of the period.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Before determining its policy for a [F4five] year period, a licensing authority must consult—
(a)the chief officer of police for the licensing authority’s area,
(b)the [F5fire and rescue authority] for that area,
[F6(ba)each Primary Care Trust or Local Health Board for an area any part of which is in the licensing authority's area,]
(c)such persons as the licensing authority considers to be representative of holders of premises licences issued by that authority,
(d)such persons as the licensing authority considers to be representative of holders of club premises certificates issued by that authority,
(e)such persons as the licensing authority considers to be representative of holders of personal licences issued by that authority, and
(f)such other persons as the licensing authority considers to be representative of businesses and residents in its area.
(4)During each [F7five] year period, a licensing authority must keep its policy [F8in respect of that period] under review and make such revisions to it, at such times, as it considers appropriate.
(5)Subsection (3) applies in relation to any revision of an authority’s policy as it applies in relation to the original determination of that policy.
(6)Where revisions are made, the licensing authority must publish a statement of the revisions or the revised licensing statement.
[F9(6A)Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—
(a)determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and
(b)publishing a statement of that policy before that date.
(6B)Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).
(6C)A licensing statement must specify the five year period to which it relates.]
(7)Regulations may make provision about the determination and revision of policies, and the preparation and publication of licensing statements, under this section.
[F10(8)In this section—
“five year period”, in relation to a licensing authority, means—
if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or
if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;
“licensing statement” means a statement published under subsection (1)(b) or (6A)(b).]
Textual Amendments
F1Word in s. 5(1) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(2)(a), 157(1); S.I. 2012/1129, art. 2(d)
F2Words in s. 5(1)(b) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(2)(b), 157(1); S.I. 2012/1129, art. 2(d)
F3S. 5(2) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(3), 157(1); S.I. 2012/1129, art. 2(d)
F4Word in s. 5(3) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(4), 157(1); S.I. 2012/1129, art. 2(d)
F5Words in s. 5(3)(b) substituted (7.9.2004 for E. for certain purposes and 1.10.2004 otherwise and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 98(2)(3)(b); S.I. 2004/2304, art. 2(1){(2)}; S.I. 2004/2917, art. 2
F6S. 5(3)(ba) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 104(2), 157(1) (with s. 104(5)); S.I. 2012/1129, art. 2(d)
F7Word in s. 5(4) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(5)(a), 157(1); S.I. 2012/1129, art. 2(d)
F8Words in s. 5(4) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(5)(b), 157(1); S.I. 2012/1129, art. 2(d)
F9S. 5(6A)-(6C) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(6), 157(1); S.I. 2012/1129, art. 2(d)
F10S. 5(8) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(7), 157(1); S.I. 2012/1129, art. 2(d)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: