Licensing Act 2003 (c. 17)

Part 4 E+W Clubs

Grant of club premises certificate E+W

72 Determination of application for club premises certificate E+W

(1) This section applies where the relevant licensing authority—

(a) receives an application for a club premises certificate made in accordance with section 71, and

(b) is satisfied that the applicant has complied with any requirement imposed on the applicant under subsection (6) of that section.

(2) Subject to subsection (3), the authority must grant the certificate in accordance with the application subject only to—

(a) such conditions as are consistent with the club operating schedule accompanying the application, and

(b) any conditions which must under section 73(2) to (5) [F1 , 73A] or 74 be included in the certificate.

(3) Where relevant representations are made, the authority must—

(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers [F2 appropriate] for the promotion of the licensing objectives.

(4) The steps are—

(a) to grant the certificate subject to—

(i) the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers [F3 appropriate] for the promotion of the licensing objectives, and

(ii) any conditions which must under section 73(2) to (5) [F1 , 73A] or 74 be included in the certificate;

(b) to exclude from the scope of the certificate any of the qualifying club activities to which the application relates;

(c) to reject the application.

(5) Subsections (2) and (3)(b) are subject to section 73(1) (certificate may authorise off-supplies only if it authorises on-supplies).

(6) For the purposes of subsection (4)(a)(4)(a) the conditions mentioned in subsection (2)(a) are modified if any of them is altered or omitted or any new condition is added.

(7) For the purposes of this section, “relevant representations” means representations which—

(a) are about the likely effect of the grant of the certificate on the promotion of the licensing objectives, and

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

(8) The requirements are—

(a) that the representations were made by [F4 a responsible authority or other person] within the period prescribed under section 71(6)(c),

(b) that they have not been withdrawn, and

(c) in the case of representations made by [F5 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 authority determines for the purposes of subsection (8)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

(10) In discharging its duty under subsection (2) or (3)(b) a licensing authority may grant a club premises certificate subject to different conditions in respect of—

(a) different parts of the premises concerned;

(b) different qualifying club activities.

Textual Amendments

F1 Words in s. 72(2)(b)(4)(a)(ii) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 38; S.I. 2010/125, art. 2(t)

F2 Word in s. 72(3)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 110(2)(a), 157(1) (with s. 110(6)); S.I. 2012/1129, art. 2(d)

F3 Word in s. 72(4)(a)(i) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 110(2)(b), 157(1) (with s. 110(6)); S.I. 2012/1129, art. 2(d)

F4 Words in s. 72(8)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 107(4)(a), 157(1) (with s. 107(9)); S.I. 2012/1129, art. 2(d)

F5 Words in s. 72(8)(c) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 107(4)(b), 157(1) (with s. 107(9)); S.I. 2012/1129, art. 2(d)