The Licensing Act 2003 (Hearings) Regulations 2005

regulation 5

SCHEDULE 1 E+W

Commencement Information

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

	Column 1	Column 2
	Provision under which hearing is held.	Period of time within which hearing must be commenced.
1.	Section 18(3)(a) (determination of application for premises licence).	20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 17(5)(c).
2.	Section 31(3)(a) (determination of application for a provisional statement).	20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 17(5)(c) by virtue of section 30.
3.	Section 35(3)(a) (determination of application to vary premises licence).	20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 17(5)(c) by virtue of section 34(5).
4.	Section 39(3)(a) (determination of application to vary premises licence to specify individual as premises supervisor).	20 working days beginning with the day after the end of the period within which a chief officer of police may give notice under section 37(5).
5.	Section 44(5)(a) (determination of application for transfer of premises licence).	20 working days beginning with the day after the end of the period within which a chief officer of police may give notice under section 42(6).
6.	Section 48(3)(a) (cancellation of interim authority notice following police objection).	5 working days beginning with the day after the end of the period within which a chief officer of police may give notice under section 48(2).
7.	Section 52(2) (determination of application for review of premises licence).	20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 51(3)(c).
8.	Section 72(3)(a) (determination of application for club premises certificate).	20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 71(6)(c).
9.	Section 85(3) (determination of application to vary club premises certificate).	20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 71(6)(c) by virtue of section 84(4).
10.	Section 88(2) (determination of application for review of club premises certificate).	20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 87(3)(c).
11.	Section 105(2)(a) (counter notice following police objection to temporary event notice).	7 working days beginning with the day after the end of the period within which a chief officer of police may give a notice under section 104(2).
12.	Section 120(7)(a) (determination of application for grant of personal licence).	20 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under section 120(5).
13.	Section 121(6)(a) (determination of application for the renewal of personal licence).	20 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under section 121(3).
14.	Section 124(4)(a) (convictions coming to light after grant or renewal of personal licence).	20 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under section 124(3).
15.	Section 167(5)(a) (review of premises licence following closure order).	10 working days beginning with the day after the day the relevant licensing authority receives the notice given under section 165(4).
[F1 15A	Section 172B(1)(b) (procedural requirements for early morning alcohol restriction orders)	30 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 172B(2)(c).]
16.	Paragraph 4(3)(a) of Schedule 8 (determination of application for conversion of existing licence).	10 working days beginning with the day after the end of the period within which a chief officer of police may give a notice under paragraph 3(2) or (3) of Schedule 8.
17.	Paragraph 16(3)(a) of Schedule 8 (determination of application for conversion of existing club certificate).	10 working days beginning with the day after the end of the period within which a chief officer of police may give a notice under paragraph 15(2) or (3) of Schedule 8.
18.	Paragraph 26(3)(a) of Schedule 8 (determination of application by holder of a justices' licence for grant of personal licence).	10 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under paragraph 25(2) of Schedule 8.

Textual Amendments

F1 Words in Sch. 1 table inserted (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 10

regulation 6

SCHEDULE 2 E+W

Commencement Information

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

	Column 1	Column 2
	Provision under which hearing is held.	Persons to whom notice of hearing is to be given.
1.	Section 18(3)(a) (determination of application for premises licence).	(1) The person who has made the application under section 17(1); (2) persons who have made relevant representations as defined in section 18(6).
2.	Section 31(3)(a) (determination of application for provisional statement).	(1) The person who has made the application under section 29(2); (2) persons who have made relevant representations as defined in section 31(5).
3.	Section 35(3)(a) (determination of application to vary premises licence).	(1) The holder of the premises licence who has made the application under section 34(1); (2) persons who have made relevant representations as defined in section 35(5).
4.	Section 39(3)(a) (determination of application to vary premises licence to specify individual as premises supervisor).	(1) The holder of the premises licence who has made the application under section 37(1); (2) each chief officer of police who has given notice under section 37(5); (3) the proposed individual as referred to in section 37(1).
5.	Section 44(5)(a) (determination of application for transfer of premises licence).	(1) The person who has made the application under section 42(1); (2) each chief officer of police who has given notice under section 42(6); (3) the holder of the premises licence in respect of which the application has been made or, if the application is one to which section 43(1) applies, the holder of that licence immediately before the application was made.
6.	Section 48(3)(a) (cancellation of interim authority notice following police objection).	(1) The person who has given notice under section 47(2); (2) each chief officer of police who has given notice under section 48(2).
7.	Section 52(2) (determination of application for review of premises licence).	(1) The holder of the premises licence in respect of which the application has been made; (2) persons who have made relevant representations as defined in section 52(7); (3) the person who has made the application under section 51(1).
[F2 7A	Section 53C (review of premises licence following review notice)	The holder of the premises licence in respect of which the application has been made; persons who have made relevant representations as defined in section 53C(7); and the chief officer of police who made the application under section 53A(1).]
8.	Section 72(3)(a) (determination of application for club premises certificate).	(1) The club which has made the application under section 71(1); (2) persons who have made relevant representations as defined in section 72(7).
9.	Section 85(3)(a) (determination of application to vary club premises certificate).	(1) The club which has made the application under section 84(1); (2) persons who have made relevant representations as defined in section 85(5).
10.	Section 88(2) (determination of application for review of club premises certificate).	(1) The club which holds the club premises certificate in respect of which the application has been made; (2) persons who have made relevant representations as defined in section 88(7); (3) the person who has made the application under section 87(1).
11.	Section 105(2)(a) (counter notice following police objection to temporary event notice).	(1) The premises user; (2) each chief officer of police who has given notice under section 104(2).
12.	Section 120(7)(a) (determination of application for grant of personal licence).	(1) The person who has made the application under section 117(1); (2) the chief officer of police who has given notice under section 120(5).
13.	Section 121(6)(a) (determination of application for renewal of personal licence).	(1) The person who has made the application under section 117(1); (2) the chief officer of police who has given notice under section 121(3).
14.	Section 124(4)(a) (convictions coming to light after grant or renewal of personal licence).	(1) The holder of the licence in respect of which the notice has been given; (2) the chief officer of police who has given notice under section 124(3).
15.	Section 167(5)(a) (review of premises licence following closure order).	(1) The holder of the premises licence in respect of which the review has been made; (2) persons who have made relevant representations as defined in section 167(9).
[F3 15A	Section 172B(1)(b) (procedural requirements for early morning alcohol restriction orders)	The persons who have made relevant representations as defined in section 172B(2).]
16.	Paragraph 4(3)(a) of Schedule 8 (determination of application for conversion of existing licence).	(1) The person who has made the application under paragraph 2(2) of Schedule 8; (2) each chief officer of police who has given notice under paragraph 3(2) or (3) of Schedule 8.
17.	Paragraph 16(3)(a) of Schedule 8 (determination of application for conversion of existing club certificate).	(1) The club which has made the application under paragraph 14(2) of Schedule 8; (2) each chief officer of police who has given notice under paragraph 15(2) or (3) of Schedule 8.
18.	Paragraph 26(3)(a) of Schedule 8 (determination of application by holder of a justices' licence for grant of personal licence).	(1) The person who has made the application under section 117 to which paragraph 23(1) of Schedule 8 applies; (2) the chief officer of police who has given notice under paragraph 25(2) of Schedule 8.

Textual Amendments

F2 Words in Sch. 2 Table inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(8)

F3 Words in Sch. 2 table inserted (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 11

regulation 7

SCHEDULE 3 E+W

Commencement Information

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

	Column 1	Column 2	Column 3
	Provision under which hearing is held	Person to whom notice of hearing is given	Documents to accompany notice of hearing
1.	Section 18(3)(a) (determination of application for premises licence).	The person who has made the application under section 17(1).	The relevant representations as defined in section 18(6) which have been made.
2.	Section 31(3)(a) (determination of application for provisional statement).	The person who has made the application under section 29(2).	The relevant representations as defined in section 31(5) which have been made.
3.	Section 35(3)(a) (determination of application to vary premises licence).	The holder of the premises licence who has made the application under section 34(1).	The relevant representations as defined in section 35(5) which have been made.
4.	Section 39(3)(a) (determination of application to vary premises licence to specify individual as premises supervisor).	(1) The holder of the premises licence who has made the application under section 37(1); (2) the proposed individual as referred to in section 37(1).	The notices which have been given under section 37(6).
5.	Section 44(5)(a) (determination of application for transfer of premises licence).	(1) The person who has made the application under section 42(1); (2) the holder of the premises licence in respect of which the application has been made or, if the application is one to which section 43(1) applies, the holder of that licence immediately before the application was made.	The notices which have been given under section 42(6).
6.	Section 48(3)(a) (cancellation of interim authority notice following police objection).	The person who has given notice under section 47(2).	The notices which have been given under section 48(2).
7.	Section 52(2) (determination of application for review of premises licence).	The holder of the premises licence in respect of which the application has been made.	The relevant representations as defined in section 52(7) which have been made.
[F4 7A	Section 53C (review of premises licence following review notice)	The holder of the premises licence in respect of which the application has been made.	The relevant representations as defined in section 53C(7) which have been made.]
8.	Section 72(3)(a) (determination of application for club premises certificate).	The club which has made the application under section 71(1).	The relevant representations as defined in section 72(7) which have been made.
9.	Section 85(3)(a) (determination of application to vary club premises certificate).	The club which has made the application under section 84(1).	The relevant representations as defined in section 85(5) which have been made.
10.	Section 88(2) (determination of application for review of club premises certificate).	The club which holds the club premises certificate in respect of which the application has been made.	The relevant representations as defined in section 88(7) which have been made.
11.	Section 120(7)(a) (determination of application for grant of personal licence).	The person who has made the application under section 117(1).	The notice which has been given under section 120(5)
12.	Section 121(6)(a) (determination of application for renewal of personal licence).	The person who has made the application under section 117(1).	The notice which has been given under section 121(3).
13.	Section 124(4)(a) (convictions coming to light after grant or renewal of personal licence).	The holder of the licence in respect of which the notice has been given.	The notice which has been given under section 124(3).
14.	Section 167(5)(a) (review of premises licence following closure order).	The holder of the premises licence in respect of which the review has been made.	The relevant representations as defined in section 167(9) which have been made.
[F5 15	Section 172B(1)(b) (procedural requirements for early morning alcohol restriction orders)	An affected person who has made relevant representations as defined in section 172B(2).	The relevant representations as defined in section 172B(2).]

Textual Amendments

F4 Words in Sch. 3 Table inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(9)

F5 Words in Sch. 3 table inserted (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 12

regulation 2

SCHEDULE 4 E+W Meaning of “determination”

The determination of the authority is the outcome of its consideration, as applicable, of—

1.  the relevant representations as defined in section 18(6), in accordance with section 18, E+W

Commencement Information

I4 Sch. 4 para. 1 in force at 7.2.2005, see reg. 1

2.  the relevant representations as defined in section 31(5), in accordance with section 31, E+W

Commencement Information

I5 Sch. 4 para. 2 in force at 7.2.2005, see reg. 1

3.  the relevant representations as defined in section 35(5), in accordance with section 35, E+W

Commencement Information

I6 Sch. 4 para. 3 in force at 7.2.2005, see reg. 1

4.  a notice given under section 37(5), in accordance with section 39, E+W

Commencement Information

I7 Sch. 4 para. 4 in force at 7.2.2005, see reg. 1

5.  a notice given under section 42(6), in accordance with section 44, E+W

Commencement Information

I8 Sch. 4 para. 5 in force at 7.2.2005, see reg. 1

6.  a notice given under section 48(2), in accordance with section 48, E+W

Commencement Information

I9 Sch. 4 para. 6 in force at 7.2.2005, see reg. 1

7.  an application made in accordance with section 51 and any relevant representations as defined in section 52(7), in accordance with section 52, E+W

Commencement Information

I10 Sch. 4 para. 7 in force at 7.2.2005, see reg. 1

8.  the relevant representations as defined in section 72(7), in accordance with section 72, E+W

Commencement Information

I11 Sch. 4 para. 8 in force at 7.2.2005, see reg. 1

9.  the relevant representations as defined in section 85(5), in accordance with section 85, E+W

Commencement Information

I12 Sch. 4 para. 9 in force at 7.2.2005, see reg. 1

10.  an application made in accordance with section 87 and any relevant representations as defined in section 88(7), in accordance with section 88, E+W

Commencement Information

I13 Sch. 4 para. 10 in force at 7.2.2005, see reg. 1

11.  a notice given under section 104(2), in accordance with section 105, E+W

Commencement Information

I14 Sch. 4 para. 11 in force at 7.2.2005, see reg. 1

12.  a notice given under section 120(5), in accordance with section 120, E+W

Commencement Information

I15 Sch. 4 para. 12 in force at 7.2.2005, see reg. 1

13.  a notice given under section 121(3), in accordance with section 121, E+W

Commencement Information

I16 Sch. 4 para. 13 in force at 7.2.2005, see reg. 1

14.  a notice given under section 124(3), in accordance with section 124, E+W

Commencement Information

I17 Sch. 4 para. 14 in force at 7.2.2005, see reg. 1

15.  the matters referred to in section 167(5)(a), in accordance with section 167, E+W

Commencement Information

I18 Sch. 4 para. 15 in force at 7.2.2005, see reg. 1

[F6 15A.   the relevant representations as defined in section 172B(2), in accordance with section 172B(1)(b),] E+W

Textual Amendments

F6 Sch. 4 para. 15A inserted (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 13

16.  the notice given under paragraph 3(2) or (3) of Schedule 8, in accordance with its paragraph 4, E+W

Commencement Information

I19 Sch. 4 para. 16 in force at 7.2.2005, see reg. 1

17.  the notice given under paragraph 15(2) or (3) of Schedule 8, in accordance with its paragraph 16, or E+W

Commencement Information

I20 Sch. 4 para. 17 in force at 7.2.2005, see reg. 1

18.  the notice given under paragraph 25(2) of Schedule 8, in accordance with its paragraph 26. E+W

Commencement Information

I21 Sch. 4 para. 18 in force at 7.2.2005, see reg. 1