The Licensing Act 2003 (Hearings) Regulations 2005

Interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Licensing Act 2003;

“authority” means, in relation to a hearing, the relevant licensing authority which has the duty under the Act to hold the hearing which expression includes the licensing committee or licensing sub-committee discharging the function of holding the hearing;

“determination” is to be interpreted in accordance with Schedule 4;

“hearing” means the hearing referred to in column 1 of the table in Schedule 1 as the case may require;

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

“notice of hearing” means the notice given under regulation 6(1);

“party to the hearing” means a person to whom the notice of hearing is to be given in accordance with regulation 6(1) and “party” and “parties” shall be construed accordingly.

(2) In these Regulations, a reference to the application, representations or notice made by a party means the application, representations or notice referred to in relation to that party in column 2 of the table in Schedule 2.

[F1 (2A) In these Regulations, a reference to a hearing of an authority in Wales held through remote means is to a hearing held by means of any equipment or other facility which enables persons who are not in the same place to speak and be heard by each other (whether or not the equipment or facility enables those persons to see or be seen by each other).]

(3) In these Regulations, a reference to a section, or a paragraph of a Schedule is a reference to the section of, or the paragraph of the Schedule to, the Act.

[F2 (4) For the purposes of regulation 19(b), a notice given by a chief officer of police does not include an application made, or a certificate given under, section 53A(1) of the Act.]

Textual Amendments

F1 Reg. 2(2A) inserted (W.) (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), regs. 1(2), 8(2) (with regs. 10, 11)

F2 Reg. 2(4) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(2)

Commencement Information

I1 Reg. 2 in force at 7.2.2005, see reg. 1