The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005

Citation and commencement E+W

1.  These Regulations may be cited as the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 and shall come into force on 7th February 2005.

Commencement Information

I1 Reg. 1 in force at 7.2.2005, see reg. 1

Interpretation E+W

2.—(1) In these Regulations, unless the context requires otherwise—

“the Act” means the Licensing Act 2003;

“alternative scale plan” means a plan in a scale other than the standard scale;

“application” means an application made to a relevant licensing authority under Part 3 or Part 4 of the Act as the case may require and a reference to applications shall be construed accordingly;

“club” means a qualifying club within the meaning of section 61 of the Act;

“fire and other safety equipment” includes fire extinguishers, fire doors, fire alarms, marine safety equipment, marine evacuation equipment and other similar equipment;

“legible in all material respects” means that the information contained in the application, notice or representations is available to the recipient to no lesser extent than it would be if given by means of a document in written form;

“notice” means a notice given to a relevant licensing authority under Part 3 or Part 4 of the Act as the case may require and a reference to notices shall be construed accordingly;

“prescribed fee” in relation to an application or notice, shall be the fee for such application or notice calculated in accordance with regulations made by the Secretary of State under Part 3 and Part 4 of the Act or in accordance with an order made by the Secretary of State under Schedule 8 to the Act;

“relevant licensing authority” shall be construed in accordance with section 12, 68 or 171 of, or paragraph 1 or 13 of Schedule 8 to, the Act, as the case requires;

“representations” means representations made to a relevant licensing authority under Part 3, Part 4 or Part 8 of the Act as the case may require made by an interested party or a responsible authority in relation to an application or a review;

“review” means a review under Part 3, 4 or 8 of the Act as the case may require and a reference to reviews shall be construed accordingly;

“second appointed day” in relation to a premises licence, means the day as specified as such for the purposes of Part 1 of Schedule 8 to the Act and, in relation to a club premises certificate means the day as specified as such for the purposes of Part 2 of Schedule 8 to the Act; and

“standard scale” means that 1 millimetre represents 100 millimetres.

(2) For the purposes of these Regulations a reference to—

(a) a paragraph in a regulation or in a Schedule, a Schedule or a Part is a reference to the paragraph in that regulation or that Schedule, the Schedule or the Part in these Regulations; and

(b) a section should be construed as a reference to the section of the Act.

Commencement Information

I2 Reg. 2 in force at 7.2.2005, see reg. 1

PART 1 E+W INTRODUCTORY

Scope of Regulations E+W

3.  These Regulations apply to applications, notices, representations and reviews.

Commencement Information

I3 Reg. 3 in force at 7.2.2005, see reg. 1

4.  A person applying for a premises licence, a provisional statement, a variation of a premises licence, a review of a premises licence or a transfer of a premises licence or giving an interim authority notice shall comply with the appropriate provisions of Parts 2 and 4.

Commencement Information

I4 Reg. 4 in force at 7.2.2005, see reg. 1

5.  A club applying for a club premises certificate or a variation of a club premises certificate or a person applying for a review of a club premises certificate shall comply with the appropriate provisions of Parts 3 and 4.

Commencement Information

I5 Reg. 5 in force at 7.2.2005, see reg. 1

6.  The relevant licensing authority in relation to an application, notice, representations or a review shall comply with the appropriate provisions of Parts 4 and 5.

Commencement Information

I6 Reg. 6 in force at 7.2.2005, see reg. 1

Responsible authorities E+W

7.  For the purposes of sections 13(4) and 69(4), the local weights and measures authority (within the meaning of section 69 of the Weights and Measures Act 1985(1)) for any area in which the premises is situated is a responsible authority.

Commencement Information

I7 Reg. 7 in force at 7.2.2005, see reg. 1

Person giving interim authority notice E+W

8.  For the purposes of section 47(2)(a), a person has a prescribed interest in the premises concerned if he has a legal interest in the premises as freeholder or leaseholder.

Commencement Information

I8 Reg. 8 in force at 7.2.2005, see reg. 1

Rights of freeholder etc. to be notified of licensing matters E+W

9.  In a case of a person giving a notice of his property interest in any premises under section 178, that notice shall be in the form and shall contain the information set out in Schedule 1 and shall be accompanied by the prescribed fee.

Commencement Information

I9 Reg. 9 in force at 7.2.2005, see reg. 1

PART 2 E+W PREMISES LICENCES

Premises licences E+W

10.  An application for a premises licence under section 17 shall be in the form and shall contain the information set out in Schedule 2 and shall be accompanied by the prescribed fee.

Commencement Information

I10 Reg. 10 in force at 7.2.2005, see reg. 1

Provisional statements E+W

11.  An application for a provisional statement under section 29 shall be in the form and shall contain the information set out in Schedule 3 and shall be accompanied by the prescribed fee.

Commencement Information

I11 Reg. 11 in force at 7.2.2005, see reg. 1

Variation of premises licences E+W

12.  An application to vary a premises licence under section 34 shall be in the form and shall contain the information set out in Schedule 4 and shall be accompanied by the prescribed fee (provided that in a case where the application to vary is made at the same time as an application under paragraph 2 of Schedule 8 to the Act, the application shall be in the form and shall contain the information set out in Part B of Schedule 1 to the Licensing Act 2003 (Transitional provisions) Order 2005(2)).

Commencement Information

I12 Reg. 12 in force at 7.2.2005, see reg. 1

Variation of premises licences to specify premises supervisor E+W

13.  An application to vary a premises licence so as to specify the individual named in the application as the premises supervisor under section 37 shall be in the form and shall contain the information set out in Schedule 5 and shall be accompanied by the prescribed fee (provided that in a case where the application is made at the same time as an application under paragraph 2 of Schedule 8 to the Act, the application shall be in the form and shall contain the information set out in Part B of Schedule 1 to the Licensing Act 2003 (Transitional provisions) Order 2005).

Commencement Information

I13 Reg. 13 in force at 7.2.2005, see reg. 1

Transfer of premises licences E+W

14.  An application to transfer a premises licence under section 42 shall be in the form and shall contain the information set out in Schedule 6 and shall be accompanied by the prescribed fee.

Commencement Information

I14 Reg. 14 in force at 7.2.2005, see reg. 1

Interim authority notices E+W

15.  An interim authority notice given under section 47 shall be in the form and shall contain the information set out in Schedule 7 and shall be accompanied by the prescribed fee.

Commencement Information

I15 Reg. 15 in force at 7.2.2005, see reg. 1

Review of premises licences E+W

16.  An application for a review of a premises licence under section 51 shall be in the form and shall contain the information set out in Schedule 8.

Commencement Information

I16 Reg. 16 in force at 7.2.2005, see reg. 1

[F1 16A.   An application for a review of a premises licence under section 53A shall be in the form and shall contain the information set out in Schedule 8A.]

Textual Amendments

F1 Reg. 16A inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(2)

PART 3 E+W CLUB PREMISES CERTIFICATES

Qualifying club E+W

17.  A club applying for a club premises certificate under section 71 on or before making such an application shall make a declaration to the relevant licensing authority in the form and containing the information set out in Part A of Schedule 9.

Commencement Information

I17 Reg. 17 in force at 7.2.2005, see reg. 1

Club premises certificates E+W

18.  An application for a club premises certificate under section 71 shall be in the form and shall contain the information set out in Part B of Schedule 9 and shall be accompanied by the prescribed fee.

Commencement Information

I18 Reg. 18 in force at 7.2.2005, see reg. 1

Variation of club premises certificates E+W

19.  An application to vary a club premises certificate under section 84 shall be in the form and shall contain the information set out in Schedule 10 and shall be accompanied by the prescribed fee (provided that in a case where the application to vary is made at the same time as an application under paragraph 14 of Schedule 8 to the Act, the application shall be in the form and shall contain the information set out in Part B of Schedule 4 to the Licensing Act 2003 (Transitional provisions) Order 2005).

Commencement Information

I19 Reg. 19 in force at 7.2.2005, see reg. 1

Review of club premises certificates E+W

20.  An application to review a club premises certificate under section 87 shall be in the form and shall contain the information set out in Schedule 8.

Commencement Information

I20 Reg. 20 in force at 7.2.2005, see reg. 1

PART 4 E+W GENERAL

Applications, notices and representations E+W

21.—(1) An application, a notice or representations shall be given in writing.

(2) Notwithstanding the requirement in paragraph (1) and subject to paragraph (3), that requirement shall be satisfied in a case where—

(a) the text of the application, notice or representations—

(i) is transmitted by electronic means;

(ii) is capable of being accessed by the recipient;

(iii) is legible in all material respects; and

(iv) is capable of being read and reproduced in written form and used for subsequent reference;

(b) the person to whom the application or notice is to be given or the representations are to be made has agreed in advance that an application or a notice may be given or representations may be made by electronic means; and

(c) forthwith on sending the text of the application, notice or representations by electronic means, the application, notice or representations is given or made, as applicable, to the recipient in writing.

(3) Where the text of the application, notice or representations is or are transmitted by electronic means, the giving of the application or notice or the making of the representations shall be effected at the time the requirements of paragraph 2(a) are satisfied, provided that where any application or notice is required to be accompanied by a fee, plan or other document or information that application or notice shall not be treated as given until the fee, plan or other document or information has been received by the relevant licensing authority.

Commencement Information

I21 Reg. 21 in force at 7.2.2005, see reg. 1

Representations E+W

22.—(1) An interested party or a responsible authority making representations to a relevant licensing authority, may make those representations—

(a) in the case of a review of a premises licence following a closure order, at any time up to and including seven days starting on the day after the day on which the authority received the notice under section 165(4) in relation to the closure order and any extension to it;

(b) in any other case, at any time during a period of 28 consecutive days starting on the day after the day on which the application to which it relates was given to the authority by the applicant.

Commencement Information

I22 Reg. 22 in force at 7.2.2005, see reg. 1

Plans E+W

23.—(1) An application for a premises licence under section 17, or a club premises certificate under section 71, shall be accompanied by a plan of the premises to which the application relates and which shall comply with the following paragraphs of this regulation.

(2) Unless the relevant licensing authority has previously agreed in writing with the applicant following a request by the applicant that an alternative scale plan is acceptable to it, in which case the plan shall be drawn in that alternative scale, the plan shall be drawn in standard scale.

(3) The plan shall show—

(a) the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;

(b) the location of points of access to and egress from the premises;

(c) if different from sub-paragraph (3)(b), the location of escape routes from the premises;

(d) in a case where the premises is to be used for more than one licensable activity, the area within the premises used for each activity;

(e) fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;

(f) in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;

(g) in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;

(h) in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;

(i) the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and

(j) the location of a kitchen, if any, on the premises.

(4) The plan may include a legend through which the matters mentioned or referred to in paragraph (3) are sufficiently illustrated by the use of symbols on the plan.

Commencement Information

I23 Reg. 23 in force at 7.2.2005, see reg. 1

Consents E+W

24.—(1) In the case of an application under section 17 which relates to the supply of alcohol or section 37, the consent of the individual who the applicant wishes to have specified in the licence as the premises supervisor under section 17(3)(c) or 37(3)(a) in the premises licence shall be in the form set out in Part A of Schedule 11.

(2) In the case of an application to transfer a premises licence under section 42 or 43, the consent of the holder of the premises licence under section 43(3) or 44(4) shall be in the form set out in Part B of Schedule 11.

Commencement Information

I24 Reg. 24 in force at 7.2.2005, see reg. 1

Advertisement of applications E+W

25.  In the case of an application for a premises licence under section 17, for a provisional statement under section 29, to vary a premises licence under section 34, for a club premises certificate under section 71 or to vary a club premises certificate under section 84, the person making the application shall advertise the application, in both cases containing the appropriate information set out in regulation 26—

(a) for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority, by displaying a notice,

(i) which is—

(aa) of a size equal or larger than A4,

(bb) of a pale blue colour,

(cc) printed legibly in black ink or typed in black in a font of a size equal to or larger than 16;

(ii) in all cases, prominently at or on the premises to which the application relates where it can be conveniently read from the exterior of the premises and in the case of a premises covering an area of more than 50 metres square, a further notice in the same form and subject to the same requirements every fifty metres along the external perimeter of the premises abutting any highway; and

(b) by publishing a notice—

(i) in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises;

(ii) on at least one occasion during the period of 10 working days starting on the day after the day on which the application was given to the relevant licensing authority.

Commencement Information

I25 Reg. 25 in force at 7.2.2005, see reg. 1

26.—(1) In the case of an application for a premises licence or a club premises certificate, the notices referred to in regulation 25 shall contain a statement of the relevant licensable activities or relevant qualifying club activities as the case may require which it is proposed will be carried on on or from the premises.

(2) In the case of an application for a provisional statement, the notices referred to in regulation 25—

(a) shall state that representations are restricted after the issue of a provisional statement; and

(b) where known, may state the relevant licensable activities which it is proposed will be carried on on or from the premises.

(3) In the case of an application to vary a premises licence or a club premises certificate, the notices referred to in regulation 25 shall briefly describe the proposed variation.

(4) In all cases, the notices referred to in regulation 25 shall state—

(a) the name of the applicant or club;

(b) the postal address of the premises or club premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises or club premises to be identified;

(c) the postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and where and when the record of the application may be inspected;

(d) the date by which an interested party or responsible authority may make representations to the relevant licensing authority;

(e) that representations shall be made in writing; and

(f) that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

Commencement Information

I26 Reg. 26 in force at 7.2.2005, see reg. 1

Notice to responsible authority E+W

27.  In the case of an application for a premises licence under section 17, a provisional statement under section 29, a variation of a premises licence under section 34, a review under section 51, a club premises certificate under section 71, a review under section 87 or a variation of a club premises certificate under section 84, the person making the application shall give notice of his application to each responsible authority by giving to each authority a copy of the application together with its accompanying documents, if any, on the same day as the day on which the application is given to the relevant licensing authority.

Commencement Information

I27 Reg. 27 in force at 7.2.2005, see reg. 1

Notice to chief officer of police etc. E+W

28.  In the case of—

(a) an application to vary a premises licence under section 37 (to specify an individual as premises supervisor), the person making the application shall give to—

(i) the chief officer of police, and

(ii) the designated premises supervisor, if any,

a copy of the application together with its accompanying documents, if any, on the same day as the day on which the application is given to the relevant licensing authority;

(b) an application for the transfer of a premises licence under section 42 or the giving of an interim authority notice under section 47, the person making the application or giving the notice shall give to the chief officer of police a copy of the application or interim authority notice together with its accompanying documents, if any, on the same day as the day on which the application or notice is given to the relevant licensing authority.

Commencement Information

I28 Reg. 28 in force at 7.2.2005, see reg. 1

Notification of review E+W

29.  In the case of an application for a review of a premises licence under section 51 or a review of a club premises certificate under section 87, the person making the application shall give notice of his application to each responsible authority and to the holder of the premises licence or the club in whose name the club premises certificate is held and to which the application relates by giving to the authority, the holder or the club a copy of the application for review together with its accompanying documents, if any, on the same day as the day on which the application for review is given to the licensing authority.

Commencement Information

I29 Reg. 29 in force at 7.2.2005, see reg. 1

PART 5 E+W LICENSING AUTHORITIES—MISCELLANEOUS

Validity of premises licences and club premises certificates E+W

30.  A relevant licensing authority may not grant a premises licence or club premises certificate to have effect before the second appointed day.

Commencement Information

I30 Reg. 30 in force at 7.2.2005, see reg. 1

Frivolous, vexatious or repetitious representations E+W

31.  Where the relevant licensing authority notifies the person who made the representations that the representations are frivolous, vexatious or a repetition as the case requires, that notification shall be given in writing to the person who made the representations and as soon as is reasonably practicable and in any event before the determination of the application to which the representations relate.

Commencement Information

I31 Reg. 31 in force at 7.2.2005, see reg. 1

Notification that any ground for review is frivolous, vexatious or a repetition E+W

32.  Where the relevant licensing authority rejects a ground for a review under section 51(4)(b) or section 87(4)(b) it shall give notification in writing as soon as is reasonably practicable to the person making the application for a review.

Commencement Information

I32 Reg. 32 in force at 7.2.2005, see reg. 1

Form of premises licence and summary E+W

33.  A premises licence shall—

(a) include an identifier for the relevant licensing authority;

(b) include a number that is unique to the licence; and

(c) be in the form and shall contain the information set out in Part A of Schedule 12.

Commencement Information

I33 Reg. 33 in force at 7.2.2005, see reg. 1

34.  A summary of a premises licence shall—

(a) include the identifier for the relevant licensing authority;

(b) include the licence number referred to in regulation 33; and

(c) be in the form and shall contain the information set out in Part B of Schedule 12, printed on paper of a size equal to or larger than A4.

Commencement Information

I34 Reg. 34 in force at 7.2.2005, see reg. 1

Form of club premises certificate and summary E+W

35.  A club premises certificate shall—

(a) include an identifier for the relevant licensing authority;

(b) include a number that is unique to the certificate; and

(c) be in the form and shall contain the information set out in Part A of Schedule 13.

Commencement Information

I35 Reg. 35 in force at 7.2.2005, see reg. 1

36.  A summary of a club premises certificate shall—

(a) include the identifier for the relevant licensing authority;

(b) include the certificate number referred to in regulation 35; and

(c) be in the form and shall contain the information set out in Part B of Schedule 13, printed on paper of a size equal to or larger than A4.

Commencement Information

I36 Reg. 36 in force at 7.2.2005, see reg. 1

[F2 Summary review of premises licences: serious crime and disorder E+W

36A.— (1) In the case of an application for review of a premises licence under section 53A the relevant licensing authority must, within 48 hours of the time of the receipt of the application, give notice of the review to—

(a) the holder of the premises licence to which the application relates; and

(b) each responsible authority.

(2) Notice under paragraph (1) is to be given by giving to the holder and each authority—

(a) a copy of the application; and

(b) a copy of the certificate given under section 53A(1)(b) that accompanied the application.

(3) In computing the period of 48 hours mentioned in paragraph (1) time that is not on a working day is to be disregarded.]

Textual Amendments

F2 Reg. 36A inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(3)

Review of premises licence following closure order E+W

37.  In the case of a review of a premises licence under section 167 (review of premises licence following a closure order), within the period of one working day starting on the day after the day on which the relevant licensing authority received the notice under section 165(4) from the magistrates' court, the relevant licensing authority shall give to the holder of the premises licence and each responsible authority notice in writing of—

(a) the review;

(b) the dates between which interested parties and responsible authorities may make representations relating to the review to the relevant licensing authority;

(c) the closure order and any extension of it; and

(d) any order made in relation to it under section 165(2).

Commencement Information

I37 Reg. 37 in force at 7.2.2005, see reg. 1

Advertisement of review by licensing authority E+W

38.—(1) Subject to the provisions of this regulation and regulation 39, the relevant licensing authority shall advertise an application for the review of a premises licence under section 51(3) [F3 or 53A], of a club premises certificate under section 87(3) or of a premises licence following a closure order under section 167—

(a) by displaying prominently a notice—

(i) which is—

(aa) of a size equal or larger than A4;

(bb) of a pale blue colour; and

(cc) printed legibly in black ink or typed in black in a font of a size equal to or larger than 16;

(ii) at, on or near the site of the premises to which the application relates where it can conveniently be read from the exterior of the premises by the public and in the case of a premises covering an area of more than 50 metres square, one further notice in the same form and subject to the same requirements shall be displayed every 50 metres along the external perimeter of the premises abutting any highway; and

(iii) at the offices, or the main offices, of the licensing authority in a central and conspicuous place; and

(b) in a case where the relevant licensing authority maintains a website for the purpose of advertisement of applications given to it, by publication of a notice on that website;

[F4 (2) the requirements set out in paragraph (1) shall be fulfilled—

(a) in the case of a review of a premises licence following a closure order under section 167, or of a review of such a licence under section 53A, for a period of no less than seven consecutive days starting on the day after the day on which the relevant licensing authority received—

(i) the notice under section 165(4); or

(ii) the application under section 53A

(as the case may be); and

(b) in all other cases, for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority.]

Textual Amendments

F3 Words in reg. 38(1) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(4)(a)

F4 Reg. 38(2) substituted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(4)(b)

Commencement Information

I38 Reg. 38 in force at 7.2.2005, see reg. 1

39.   [F5 Subject to regulation 39A, all] notices referred to in regulation 38 shall state—

(a) the address of the premises about which an application for a review has been made,

(b) the dates between which interested parties and responsible authorities may make representations to the relevant licensing authority,

(c) the grounds of the application for review,

(d) the postal address and, where relevant, the worldwide web address where the register of the relevant licensing authority is kept and where and when the grounds for the review may be inspected; and

(e) that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

Textual Amendments

F5 Words in reg. 39 substituted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(5)

Commencement Information

I39 Reg. 39 in force at 7.2.2005, see reg. 1

[F6 39A.— (1) In the case of a review of a premises licence under section 53A— E+W

(a) the dates referred to in regulation 39(b) shall be the date of the first working day after the day on which the notice was published, and the date of the ninth subsequent working day;

(b) the grounds referred to in regulation 39(c) shall be that in the opinion of a senior police officer the premises are associated with serious crime or serious disorder or both.

(2) The period prescribed for the purposes of section 53A(3)(e) of the Act is the period beginning on the first working day after the publication of the notice referred to in regulation 38 and ending on the ninth subsequent working day.]

Textual Amendments

F6 Reg. 39A inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(6)

Provision of forms, notices and applications E+W

40.  The relevant licensing authority—

(a) must provide on request the forms listed in the Schedules printed on paper; or

(b) in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website.

Commencement Information

I40 Reg. 40 in force at 7.2.2005, see reg. 1

Validity of forms, notices and application E+W

41.  A relevant licensing authority shall not reject any application or notice by reason only of the fact that it is given on a form provided otherwise than from the relevant licensing authority but which complies with the requirements of these Regulations.

Commencement Information

I41 Reg. 41 in force at 7.2.2005, see reg. 1

Acknowledgement of notification of an interest E+W

42.  The relevant licensing authority shall as soon as reasonably practicable on receipt of a notification to it under section 178 acknowledge its receipt by returning a copy of the notification to the notifier duly endorsed.

Commencement Information

I42 Reg. 42 in force at 7.2.2005, see reg. 1

Richard Caborn

Minister of State

Department for Culture, Media and Sport

12th January 2005