Section 180
1This Schedule is about the provision that may be made by regulations under section 180.
2The regulations may—
(a)require a local authority not to grant a licence unless satisfied as to a matter specified in the regulations;
(b)require a local authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
3The regulations may make provision requiring a local authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
4(1)The regulations may make provision for the grant of a licence subject to conditions.
(2)Provision of the kind mentioned in sub-paragraph (1) may—
(a)enable a local authority to attach conditions to a licence;
(b)require a local authority to attach to a licence a condition specified in the regulations.
5(1)The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
(2)The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under the regulations to vary, suspend or revoke a licence.
6The regulations may make provision for—
(a)the review of decisions under the regulations;
(b)appeals against decisions under the regulations.
7(1)The regulations may create offences in relation to—
(a)the breach of a prohibition imposed by virtue of section 180(1);
(b)the breach of a condition attached to a licence;
(c)the provision of false or misleading information to a local authority in connection with anything done under the regulations.
(2)The regulations must provide for any such offence to be punishable on summary conviction with a fine or a fine not exceeding an amount specified, or determined in accordance with, the regulations.
8(1)The regulations may confer power on a local authority to impose a financial penalty in relation to—
(a)the breach of a prohibition imposed by virtue of section 180(1);
(b)the breach of a condition attached to a licence.
(2)The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
(3)If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence.
(4)If the regulations confer power to impose a financial penalty they must include provision—
(a)requiring the local authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(b)ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(c)requiring the local authority, after the period for making representations, to decide whether to impose the financial penalty;
(d)requiring the local authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(e)enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
(f)as to the powers of the court or tribunal on such an appeal.
(5)The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—
(a)enabling a notice of intent or final notice to be withdrawn or amended;
(b)requiring the local authority to withdraw a final notice in circumstances specified in the regulations;
(c)for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
(d)as to how financial penalties are recoverable.
9The regulations may confer on a local authority the function of enforcing the regulations in its area.
10The regulations may include provision for fees in relation to the carrying out of functions of a local authority under or in connection with the regulations (including the cost of its enforcement functions under the regulations).
11The regulations may require a local authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.
12(1)In this Schedule—
“grant”, in relation to a licence, includes vary or renew;
“licence” means a personal licence or premises licence;
“personal licence” has the meaning given by section 180(2);
“premises licence” has the meaning given by section 180(2).
(2)Nothing in this Schedule is to be read as limiting the scope of the power to make regulations under section 180.