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The Licensing Act 2003 (Hearings) Regulations 2005
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- UK Statutory Instruments
- 2005 No. 44
- Regulation 6
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Notice of hearingE+W
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6.—(1) In the case of hearings under the provisions listed in column 1 of the table in Schedule 2, [F1an authority in England] shall give to the persons listed in column 2 of the table a notice stating the date on which and time and place at which the hearing is to be held (the “notice of hearing”) in accordance with the following provisions of this regulation.
[F2(1A) In the case of hearings under the provisions listed in column 1 of the table in Schedule 2, an authority in Wales must, in accordance with the following provisions of this regulation, give to the persons listed in column 2 of the table a notice which—
(a)where the hearing is held through remote means only, gives details of the time of the hearing and how to access it, or
(b)where the hearing is held partly through remote means or not through remote means, gives details of the time and place of the hearing and how to access it.]
(2) In the case of a hearing under—
(a)section 48(3)(a) (cancellation of interim authority notice following police objection), or
(b)section 105(2)(a) (counter notice following police objection to temporary event notice),
the authority shall give the notice of hearing no later than two working days before the day or the first day on which the hearing is to be held.
(3) In the case of a hearing under—
(a)section 167(5)(a) (review of premises licence following closure order) [F3or section 53C (review of premises licence following review notice)],
(b)paragraph 4(3)(a) of Schedule 8 (determination of application for conversion of existing licence),
(c)paragraph 16(3)(a) of Schedule 8 (determination of application for conversion of existing club certificate), or
(d)paragraph 26(3)(a) of Schedule 8 (determination of application by holder of justices' licence for grant of personal licence),
the authority shall give the notice of hearing no later than five working days before the day or the first day on which the hearing is to be held.
[F4(4) In any other case, the authority shall give the notice of hearing no later than ten working days before the day of the first day on which the hearing is to be held.]
Textual Amendments
F1Words in reg. 6(1) substituted (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(4)(a) (with regs. 10, 11)
F2Reg. 6(1A) inserted (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(4)(b) (with regs. 10, 11)
F3Words in reg. 6(3)(a) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(4)
F4Reg. 6(4) inserted (7.2.2005) by The Licensing Act 2003 (Hearings) (Amendment) Regulations 2005 (S.I. 2005/78), regs. 1, 2
Commencement Information
I1Reg. 6 in force at 7.2.2005, see reg. 1
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