Licensing Act 2003 (c. 17)

Part 3 E+W Premises licences

[F1 Summary reviews in serious cases of crime or disorder E+W

Textual Amendments

F1 Ss. 53A-53C and cross-heading inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 21, 66(2)(3); S.I. 2007/2180, art. 3(a)

53C Review of premises licence following review notice E+W

(1) This section applies to a review of a premises licence which a relevant licensing authority has to conduct on an application under section 53A.

(2) The relevant licensing authority must—

(a) hold a hearing to consider the application for the review and any relevant representations; [F2 and]

(b) take such steps mentioned in subsection (3) (if any) as it considers [F3 appropriate] for the promotion of the licensing objectives; F4 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Those steps are—

(a) the modification of the conditions of the premises licence,

(b) the exclusion of a licensable activity from the scope of the licence,

(c) the removal of the designated premises supervisor from the licence,

(d) the suspension of the licence for a period not exceeding three months, or

(e) the revocation of the licence.

(4) For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(5) Subsection (2)(b) is subject to sections [F6 19 to 21](requirement to include certain conditions in premises licences).

(6) Where the authority takes a step within subsection (3)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

(7) In this section “relevant representations” means representations which—

(a) are relevant to one or more of the licensing objectives, and

(b) meet the requirements of subsection (8).

(8) The requirements are—

(a) that the representations are made by the holder of the premises licence, a responsible authority or [F7 any other person] within the period prescribed under subsection 53A(3)(e),

(b) that they have not been withdrawn, and

(c) if they are made by [F8 a person who is not a responsible authority], that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(9) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(10) Where a relevant licensing authority determines a review under this section it must notify the determination and its reasons for making it to—

(a) the holder of the premises licence,

(b) any person who made relevant representations, and

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

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

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

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

[F9 (12) Section 53D makes provision about the application and review of any interim steps that have been taken under section 53B in relation to a premises licence before a decision under this section comes into effect in relation to the licence.]]

Textual Amendments

F2 Word in s. 53C(2)(a) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 137(3)(a), 183(1)(5)(e) (with s. 137(8))

F3 Word in s. 53C(2)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 109(13), 157(1) (with s. 109(15)); S.I. 2012/1129, art. 2(d)

F4 Word in s. 53C(2)(b) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 137(3)(b), 183(1)(5)(e) (with s. 137(8))

F5 S. 53C(2)(c) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 137(3)(c), 183(1)(5)(e) (with s. 137(8))

F6 Words in s. 53C(5) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 Pt. 5 para. 36; S.I. 2010/125, art. 2(t)

F7 Words in s. 53C(8)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(5)(a), 157(1) (with s. 106(7)); S.I. 2012/1129, art. 2(d)

F8 Words in s. 53C(8)(c) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(5)(b), 157(1) (with s. 106(7)); S.I. 2012/1129, art. 2(d)

F9 S. 53C(12) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 137(4), 183(1)(5)(e) (with s. 137(8))