- Latest available (Revised)
- Point in Time (01/10/2012)
- Original (As enacted)
Point in time view as at 01/10/2012.
Licensing Act 2003, Section 88 is up to date with all changes known to be in force on or before 02 September 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)This section applies where—
(a)the relevant licensing authority receives an application made in accordance with section 87,
(b)the applicant has complied with any requirement imposed by virtue of subsection (3)(a) or (d) of that section, and
(c)the authority has complied with any requirement imposed on it under subsection (3)(b) or (d) of that section.
(2)Before determining the application, the authority must hold a hearing to consider it and any relevant representations.
(3)The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers [F1appropriate] for the promotion of the licensing objectives.
(4)The steps are—
(a)to modify the conditions of the certificate;
(b)to exclude a qualifying club activity from the scope of the certificate;
(c)to suspend the certificate for a period not exceeding three months;
(d)to withdraw the certificate;
and for this purpose the conditions of the certificate are modified if any of them is altered or omitted or any new condition is added.
(5)Subsection (3) is subject to sections 73 [F2to 74] (mandatory conditions relating to [F3alcohol] and to exhibition of films).
(6)Where the authority takes a step within subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.
(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 club, a responsible authority or [F4any other person] within the period prescribed under section 87(3)(c),
(b)that they have not been withdrawn, and
(c)if they are made by [F5a 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 give the person who made them its reasons for that determination.
(10)Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for making it to—
(a)the club,
(b)the applicant,
(c)any person who made relevant representations, and
(d)the chief officer of police for the police area (or each police area) in which the premises are situated.
(11)A determination under this section does not have effect—
(a)until the end of the period given for appealing against the decision, or
(b)if the decision is appealed against, until the appeal is disposed of.
Textual Amendments
F1Word in s. 88(3) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 110(5), 157(1) (with s. 110(6)); S.I. 2012/1129, art. 2(d)
F2Words in s. 88(5) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 41(a); S.I. 2010/125, art. 2(t)
F3Words in s. 88(5) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 41(b); S.I. 2010/125, art. 2(t)
F4Words in s. 88(8)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 108(4)(a), 157(1) (with s. 108(5)); S.I. 2012/1129, art. 2(d)
F5Words in s. 88(8)(c) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 108(4)(b), 157(1) (with s. 108(5)); 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: