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

PART 4 E+W GENERAL

[F1 Applications, notices and representations E+W

21.   Subject to regulations 21A and 21B an application, notice or representations (other than representations of the kind referred to in section 41B(2)(b)(i) or 86B(2)(b)(i)) must be given in writing.]

Textual Amendments

F1 Reg. 21 substituted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 4

Commencement Information

I1 Reg. 21 in force at 7.2.2005, see reg. 1

[F2 Applications and notices given by means of relevant electronic facility E+W

21A.— (1) The requirement in regulation 21 is satisfied in relation to an application or notice if the information comprising the application or notice is transmitted to the recipient by means of a relevant electronic facility.

(2) A plan or other document that accompanies an application or notice, and which is capable of being transmitted by means of a relevant electronic facility, may be transmitted to the recipient by means of that facility, together with the application or notice.

(3) Subject to paragraph (4) where information comprising an application or notice is transmitted by means of a relevant electronic facility the application or notice is to be taken as given at the time the information comprising it, and any accompanying plan or document, becomes accessible to the recipient by means of that facility.

(4) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.]

Textual Amendments

F2 Regs. 21A, 21B inserted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 5

[F2 Applications, notices and representations given by other electronic means E+W

21B.— (1) In the case of an application for review under section 51 or section 87, or of representations, the requirement in regulation 21 is satisfied if—

(a) the information comprising the application or representations is—

(i) transmitted by electronic means (other than a relevant electronic facility),

(ii) capable of being accessed by the recipient,

(iii) clear and legible in all material respects, and

(iv) capable of being—

(aa) read and reproduced in written form, and

(bb) used for subsequent reference

by the recipient;

(b)

the person to whom the application is to be given, or to whom the representations are to be made has agreed in advance to the use of electronic means for that purpose; and

(c)

forthwith on sending the information comprising the application or representations by electronic means the application is, or the representations are, given to the recipient in writing.

(2) Paragraph (1)(c) does not apply in respect of an application or representations if the recipient has agreed in advance that the application or representations need not be given in writing.

(3) A plan or other document that accompanies an application given or representations made pursuant to paragraph (1) may be given by electronic means, provided that the requirements of that paragraph are met in relation to the information contained in the plan or document.

(4) Subject to paragraph (5), where information comprising an application or representations (“the information”) is transmitted by electronic means pursuant to paragraph (1) the application is, or the representations are, to be taken as given at the time the requirements of paragraph (1)(a) and (b) are satisfied with respect to—

(a) the information, and

(b) any accompanying plan or document.

(5) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.]

Textual Amendments

F2 Regs. 21A, 21B inserted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 5

Representations E+W

22.—(1)  [F3 A responsible authority or any other person] making representations [F4 (other than representations of the kind referred to in section 41B(2)(b) or 86B(2)(b))] 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.

Textual Amendments

F3 Words in reg. 22(1) substituted (25.4.2012) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012 (S.I. 2012/955), regs. 1, 4

F4 Words in reg. 22 inserted (29.7.2009) by The Licensing Act 2003 (Premises Licences and Club Premises Certificates) (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1809), regs. 1, 2(10)

Commencement Information

I2 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.

[F5 (2) The information contained in the plan must be clear and legible in all material respects.]

(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.

Textual Amendments

F5 Reg. 23(2) substituted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 6

Commencement Information

I3 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

I4 Reg. 24 in force at 7.2.2005, see reg. 1

[F6 Advertisement of applications by applicant] 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 [F7 (except where the only variation sought is the inclusion of the alternative licence condition)], 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.

Textual Amendments

F7 Words in reg. 25 inserted (29.7.2009) by The Licensing Act 2003 (Premises Licences and Club Premises Certificates) (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1809), regs. 1, 2(11)

Commencement Information

I5 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 [F8 a responsible authority or any other person] 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.

Textual Amendments

F8 Words in reg. 26(4)(d) substituted (25.4.2012) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012 (S.I. 2012/955), regs. 1, 6

Commencement Information

I6 Reg. 26 in force at 7.2.2005, see reg. 1

[F9 Advertisement of applications: minor variations E+W

26A.— (1) In the case of an application for minor variation of a premises licence or club premises certificate (under section 41A or 86A respectively) the person making the application shall advertise the application for the required period—

(a) by displaying a notice which complies with paragraph (2) prominently at or on the premises to which the application relates so that it can be conveniently read from the exterior of the premises, and

(b) if any part of the external perimeter of the premises that is one hundred or more metres in length abuts a public highway or other place accessible to the public, by displaying such a notice at least every fifty metres along that part of the perimeter.

(2) A notice complies with this paragraph if—

(a) it is—

(i) white,

(ii) of a size equal to or larger than A4,

(iii) printed legibly in black ink or typed in black;

(b) it includes the following information—

(i) in the case of an application under section 41A, at or near the top of the notice the heading “Licensing Act 2003: Minor Variation of Premises Licence”,

(ii) in the case of an application under section 86A, at or near the top of the notice the heading “Licensing Act 2003: Minor Variation of Club Premises Certificate”,

(iii) a brief description of the proposed variation or variations,

(iv) the name of the applicant or club,

(v) 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,

(vi) 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,

[F10 (vii)] the date by which [F11 a person] may make representations to the relevant licensing authority,

[F12 (viii)] 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;

(c) the information referred to in subparagraph (b)(i) or (ii) above is printed or typed in a font of a size equal to or larger than 32;

(d) the remainder of the notice is printed or typed in a font of a size equal to or larger than 16.

(3) In this regulation “the required period” is the continuous period beginning on the first working day after F13 ... the application was given to the relevant licensing authority and ending at the expiry of the ninth consecutive working day after that day.]

Textual Amendments

F9 Reg. 26A inserted (29.7.2009) by The Licensing Act 2003 (Premises Licences and Club Premises Certificates) (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1809), regs. 1, 2(12)

F10 Reg. 26A(2)(b)(v) renumbered as reg. 26A(2)(b)(vii) (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 7(a)

F11 Words in reg. 26A(2)(b)(vii) substituted (25.4.2012) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012 (S.I. 2012/955), regs. 1, 7

F12 Reg. 26A(2)(b)(vi) renumbered as reg. 26A(2)(b)(viii) (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 7(b)

F13 Words in reg. 26A(3) omitted (28.12.2009) by virtue of The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 7(c)

[F14 Advertisement of applications by licensing authority E+W

26B.   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 (except where the only variation sought is the inclusion of the alternative licence condition), for a club premises certificate under section 71 or to vary a club premises certificate under section 84, the relevant licensing authority shall advertise the application—

(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;

(b) by publication of a notice on its website containing the information set out in regulation 26C.

Textual Amendments

F14 Regs. 26B, 26C inserted (25.4.2012) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012 (S.I. 2012/955), regs. 1, 8

26C.— (1) In the case of an application for a premises licence or a club premises certificate, the notice referred to in regulation 26B 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 notice referred to in regulation 26B—

(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 notice referred to in regulation 26B shall briefly describe the proposed variation.

(4) In all cases, the notice referred to in regulation 26B 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 a responsible authority or any other person may make representations to the relevant licensing authority;

(e) that representations must 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.]

Textual Amendments

F14 Regs. 26B, 26C inserted (25.4.2012) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012 (S.I. 2012/955), regs. 1, 8

[F15 Notice to responsible authority: applications made by means of relevant facility E+W

27.— (1) Where—

(a) an application to which this regulation applies is made by means of a relevant electronic facility, and

(b) any plan or document required to accompany the application is given by means of that facility,

the relevant licensing authority must, no later than the first working day after the application was given to the authority, give notice of the application to each responsible authority by giving each authority a copy of the application together with any accompanying plan or document.

(2) This regulation applies to an application for—

(a) a premises licence under section 17;

(b) a provisional statement under section 29;

(c) variation of a premises licence under section 34;

(d) minor variation of a premises licence under section 41A

(e) a club premises certificate under section 71;

(f) variation of a club premises certificate under section 84;

(g) minor variation of a club premises certificate under section 86A.]

Textual Amendments

F15 Reg. 27 substituted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 8(1)

Commencement Information

I7 Reg. 27 in force at 7.2.2005, see reg. 1

[F16 Notice to responsible authority: other cases E+W

27A.   In the case of—

(a) an application of a kind referred to in regulation 27(2) made otherwise than as described in regulation 27(1), or

(b) an application for a review under section 51 or section 87,

the person making the application must give notice of the application to each responsible authority by giving each authority a copy of the application together with its accompanying plan, document or other information on the same day as the day on which the application is given to the relevant licensing authority.]

Textual Amendments

F16 Reg. 27A inserted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 8(2)

[F17 Notice to chief officer of police etc. E+W

28.— (1) [F18 Subject to paragraph (1A), in] a case to which this paragraph applies a person making an application or giving a notice shall give a copy of the application or notice, together with its accompanying documents (if any) to the chief officer of police on the same day as the day on which the application is given to the relevant licensing authority.

[F19 (1A) But where an application or notice is given by means of a relevant electronic facility the relevant licensing authority must (and the person making the application need not) give a copy of the application or notice, together with its accompanying documents (if any) to the chief officer of police on the first working day after the application was given to the authority.]

(2) Paragraph (1) applies to—

(a) an application of the kind referred to in regulation 10(2), 12(2) or 13A (an application for the inclusion of the alternative licence condition);

(b) an application to vary a premises licence under section 37 (to specify an individual as premises supervisor);

(c) an application for the transfer of a premises licence under section 42;

(d) the giving of an interim authority notice under section 47.

(3) [F20 A person who makes an application of the kind referred to in paragraph (2)(b) must give the designated premises supervisor (if any) a copy of the application together with its accompanying documents (if any) on the same day as the application is given to relevant licensing authority.]]

Textual Amendments

F17 Reg. 28 substituted (29.7.2009) by The Licensing Act 2003 (Premises Licences and Club Premises Certificates) (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1809), regs. 1, 2(14)

F18 Words in reg. 28(1) substituted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 9(a)

F19 Reg. 28(1A) inserted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 9(b)

F20 Reg. 28(3) substituted (28.12.2009) by The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 (S.I. 2009/3159), regs. 1, 9(c)

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

I8 Reg. 29 in force at 7.2.2005, see reg. 1