The Licensing Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2005

6.—(1) This paragraph applies where—

(a) an application for the renewal or grant of a permit under section 34 of the 1968 Act is made before the second appointed day to the authority mentioned in paragraph 1(b) of Schedule 9 to that Act in respect of premises which are licensed under Part 4 of the Licensing Act 1964 when the application is made,

(b) the application is not determined or withdrawn before that day, and

(c) a premises licence takes effect on that day authorising the supply of alcohol for consumption on the premises.

(2) For the purposes of sub-paragraph (1), where the authority mentioned in paragraph 1(b) of Schedule 9 to the 1968 Act makes a decision on an application, it is not to be treated as having been determined until the period for appealing has elapsed; or, where an appeal is made, until the appeal has been determined or abandoned.

(3) Despite the amendments made by paragraph 52 of Schedule 6 to the Act—

(a) the application may continue to be considered and determined by the authority mentioned in paragraph 1(b) of Schedule 9 to the 1968 Act, and

(b) an appeal against such a decision may be made or may continue to be made in accordance with paragraph 11 of that Schedule.

(4) Sub-paragraphs (2) and (3) of paragraph 5 shall have effect in relation to a permit granted in pursuance of this paragraph as they have effect in relation to permits to which that paragraph applies.