The Licensing Act 2003 (Hearings) Regulations 2005

Statutory Instruments

2005 No. 44

LICENCES AND LICENSING

The Licensing Act 2003 (Hearings) Regulations 2005

Made

12th January 2005

Laid before Parliament

13th January 2005

Coming into force

7th February 2005

The Secretary of State, in exercise of the powers conferred upon her by sections 9(2) and 183(1) of the Licensing Act 2003(1) hereby makes the following Regulations:

Modifications etc. (not altering text)

C1 Regulations excluded (30.4.2007) by The Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007 (S.I. 2007/173), regs. 1(1), 3(3)

C2 Regulations applied (with modifications) (22.7.2020) by 2003 c. 17, s. 172K(4)-(6) (as inserted (temp.) by Business and Planning Act 2020 (c. 16), ss. 11(2), 25(1) (with s. 11(13)))

Citation and commencement E+W

1.  These Regulations may be cited as the Licensing Act 2003 (Hearings) 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—

“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

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

Scope E+W

3.— [F3 (1)]  These Regulations make provision for the procedure to be followed in relation to hearings held under the Act by an authority.

[F4 (2) Regulations 4 to 13, 16(a), 18, 20(2)(a) and (4), 22 (from “and shall” to the end), 27, 29 and 34 do not apply to a hearing under section 53B of the Act (interim steps pending review).]

Textual Amendments

F3 Reg. 3 renumbered as reg. 3(1) (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(3)(a)

F4 Reg. 3(2) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(3)(b)

Commencement Information

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

Period of time within which hearing to be held E+W

4.— [F5 (1)]  [F6 An authority in England] shall arrange for the date on which and time and place at which a hearing is to be held in accordance with regulation 5 and shall give a notice of hearing in accordance with regulations 6 and 7.

[F7 (2) An authority in Wales must—

(a) in the case of a hearing which is held through remote means only, arrange for the date and time at which the hearing is to be held in accordance with regulation 5;

(b) in the case of a hearing which is held partly through remote means or not through remote means, arrange for the date on which and the place and time at which a hearing is to held in accordance with regulation 5;

(2A) In either case mentioned in paragraph (2) an authority in Wales must give a notice of hearing in accordance with regulations 6(1A) and 7.]

Textual Amendments

F5 Reg. 4 renumbered as reg. 4(1) (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(3)(a) (with regs. 10, 11)

F6 Words in reg. 4(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(3)(b) (with regs. 10, 11)

F7 Reg. 4(2)(2A) 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(3)(c) (with regs. 10, 11)

Commencement Information

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

[F8 5.— (1) Subject to paragraph (2), hearings to be held under the provisions listed in column 1 of the table in Schedule 1 must be commenced within the period of time specified in column 2 of the table and in a case where the hearing is to be held on more than one day, the hearing must be arranged to take place on consecutive working days.

(2) Hearings to be held under the provision listed in the entry numbered 15A in the table in Schedule 1 can be arranged to take place other than on consecutive working days if an authority considers this to be necessary—

(a) for its consideration of any representations made by a party, or

(b) in the public interest.]

Textual Amendments

F8 Reg. 5 substituted (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), (7)

Notice of hearing E+W

6.—(1) In the case of hearings under the provisions listed in column 1 of the table in Schedule 2, [F9 an 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.

[F10 (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) [F11 or 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.

[F12 (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

F9 Words 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)

F10 Reg. 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)

F11 Words 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)

F12 Reg. 6(4) inserted (7.2.2005) by The Licensing Act 2003 (Hearings) (Amendment) Regulations 2005 (S.I. 2005/78), regs. 1, 2

Commencement Information

I5 Reg. 6 in force at 7.2.2005, see reg. 1

Information to accompany notice of hearing E+W

7.—(1) The notice of hearing shall be accompanied by information regarding the following—

(a) the rights of a party provided for in regulations 15 and 16;

(b) the consequences if a party does not attend or is not represented at the hearing;

(c) the procedure to be followed at the hearing;

(d) any particular points on which the authority considers that it will want clarification at the hearing from a party.

(2) In relation to hearings under the provisions listed in column 1 of the table in Schedule 3, the notice of hearing given to the persons listed in column 2 of the table shall also be accompanied by the documents listed in column 3 of the table.

Commencement Information

I6 Reg. 7 in force at 7.2.2005, see reg. 1

Action following receipt of notice of hearing E+W

8.—(1) A party shall give to the authority within the period of time provided for in the following provisions of this regulation a notice stating—

(a) whether he intends to attend or be represented at the hearing;

(b) whether he considers a hearing to be unnecessary.

(2) In a case where a party wishes any other person (other than the person he intends to represent him at the hearing) to appear at the hearing, the notice referred to in paragraph (1) shall contain a request for permission for such other person to appear at the hearing accompanied by details of the name of that person and a brief description of the point or points on which that person may be able to assist the authority in relation to the application, representations or notice of the party making the request.

(3) 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 party shall give the notice no later than one working day before the day or the first day on which the hearing is to be held.

(4) In the case of a hearing under—

(a) section 167(5)(a) (review of premises licence following closure order) [F13 or 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 party shall give the notice no later than two working days before the day or the first day on which the hearing is to be held.

(5) In any other case, the party shall give the notice no later than five working days before the day or the first day on which the hearing is to be held.

Textual Amendments

F13 Words in reg. 8(4)(a) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(5)

Commencement Information

I7 Reg. 8 in force at 7.2.2005, see reg. 1

Right to dispense with hearing if all parties agree E+W

9.—(1) An authority may dispense with holding a hearing if all persons required by the Act to agree that such a hearing is unnecessary, other than the authority itself, have done so by giving notice to the authority that they consider a hearing to be unnecessary.

(2) Where all the persons required by the Act to agree that a hearing is unnecessary have done so in accordance with paragraph (1), the authority, if it agrees that a hearing is unnecessary, must forthwith give notice to the parties that the hearing has been dispensed with.

Commencement Information

I8 Reg. 9 in force at 7.2.2005, see reg. 1

Withdrawal of representations E+W

10.  A party who wishes to withdraw any representations they have made may do so—

(a) by giving notice to the authority no later than 24 hours before the day or the first day on which the hearing is to be held; or

(b) orally at the hearing.

Commencement Information

I9 Reg. 10 in force at 7.2.2005, see reg. 1

Power to extend time etc. E+W

11.—(1) Subject to regulation 13, an authority may extend a time limit provided for in these Regulations for a specified period where it considers this to be necessary in the public interest.

(2) Where the authority has extended a time limit it must forthwith give a notice to the parties stating the period of the extension and the reasons for it.

Commencement Information

I10 Reg. 11 in force at 7.2.2005, see reg. 1

12.—(1) Subject to regulation 13, an authority may—

(a) adjourn a hearing to a specified date, or

(b) arrange for a hearing to be held on specified additional dates,

where it considers this to be necessary for its consideration of any representations or notice made by a party.

(2) Where an authority [F14 in England] has adjourned a hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.

[F15 (2A) Where an authority in Wales has adjourned a hearing to a specified date, it must forthwith notify the parties—

(a) in the case of a hearing held through remote means only, of the date and time to which the hearing has been adjourned and how to access it; or

(b) in the case of a hearing held partly through remote means or not through remote means, of the date, time and place to which the hearing has been adjourned and how to access it.]

(3) Where an authority [F16 in England] has arranged for a hearing to be held on a specified additional date it must forthwith notify the parties of the additional date on which and time and place at which the hearing is to be held.

[F17 (3A) Where an authority in Wales has arranged for a hearing to be held on a specified additional date, it must forthwith notify the parties—

(a) in the case of a hearing held through remote means only, of the additional date on which and time at which the hearing is to be held and how to access it; or

(b) in the case of a hearing held partly through remote means or not through remote means, of the additional date on which and time and place at which the hearing is be held and how to access it.]

Textual Amendments

F14 Words in reg. 12(2) 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), 5(a) (with regs. 10, 11)

F15 Reg. 12(2A) 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), 5(b) (with regs. 10, 11)

F16 Words in reg. 12(3) 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), 5(c) (with regs. 10, 11)

F17 Reg. 12(3A) 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), 5(d) (with regs. 10, 11)

Commencement Information

I11 Reg. 12 in force at 7.2.2005, see reg. 1

13.  An authority may not exercise its powers under regulations 11 and 12 in such a way that the effect will be that—

(a) an application will be treated as granted or rejected under paragraph 4(4), 7(3), 16(4), 19(3) or 26(4) of Schedule 8 (transitional provision etc.); or

(b) it would fail to reach a determination on the review under section 167 (review of premises licence following closure order) within the period specified in subsection (3) of that section.

[F18 (c) it would fail to reach a determination on a review under section 53A (summary reviews on application of senior police officer) within the period specified in subsection (2)(b) of that section.]

Textual Amendments

F18 Reg. 13(c) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(6)

Commencement Information

I12 Reg. 13 in force at 7.2.2005, see reg. 1

Hearing to be public E+W

14.—(1) Subject to paragraph (2), the hearing shall take place in public.

(2) The licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

(3) For the purposes of paragraph (2), a party and any person assisting or representing a party may be treated as a member of the public.

Commencement Information

I13 Reg. 14 in force at 7.2.2005, see reg. 1

Right of attendance, assistance and representation E+W

15.  Subject to regulations 14(2) and 25, a party may attend the hearing and may be assisted or represented by any person whether or not that person is legally qualified.

Commencement Information

I14 Reg. 15 in force at 7.2.2005, see reg. 1

Representations and supporting information E+W

16.  At the hearing a party shall be entitled to—

(a) in response to a point upon which the authority has given notice to a party that it will want clarification under regulation 7(1)(d), give further information in support of their application, representations or notice (as applicable),

(b) if given permission by the authority, question any other party; and

(c) address the authority.

Commencement Information

I15 Reg. 16 in force at 7.2.2005, see reg. 1

17.  Members of the authority may ask any question of any party or other person appearing at the hearing.

Commencement Information

I16 Reg. 17 in force at 7.2.2005, see reg. 1

18.  In considering any representations or notice made by a party the authority may take into account documentary or other information produced by a party in support of their application, representations or notice (as applicable) either before the hearing or, with the consent of all the other parties, at the hearing.

Commencement Information

I17 Reg. 18 in force at 7.2.2005, see reg. 1

19.  The authority shall disregard any information given by a party or any person to whom permission to appear at the hearing is given by the authority which is not relevant to—

(a) their application, representations or notice (as applicable) or in the case of another person, the application representations or notice of the party requesting their appearance, and

(b) the promotion of the licensing objectives or, in relation to a hearing to consider a notice given by a chief officer of police, the crime prevention objective.

Commencement Information

I18 Reg. 19 in force at 7.2.2005, see reg. 1

Failure of parties to attend the hearing E+W

20.—(1) If a party has informed the authority that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.

(2) If a party who has not so indicated fails to attend or be represented at a hearing the authority may—

(a) where it considers it to be necessary in the public interest, adjourn the hearing to a specified date, or

(b) hold the hearing in the party’s absence.

(3) Where the authority holds the hearing in the absence of a party, the authority shall consider at the hearing the application, representations or notice made by that party.

(4) Where [F19 an authority in England] adjourns the hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.

[F20 (4A) Where an authority in Wales adjourns the hearing to a specified date it must forthwith notify the parties—

(a) in the case of a hearing held through remote means only, of the date and time to which the hearing has been adjourned and how to access it; or

(b) in the case of a hearing held partly through remote means or not through remote means, of the date, time and place to which the hearing has been adjourned and how to access it.]

Textual Amendments

F19 Words in reg. 20(4) 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(6)(a) (with regs. 10, 11)

F20 Reg. 20(4A) 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(6)(b) (with regs. 10, 11)

Commencement Information

I19 Reg. 20 in force at 7.2.2005, see reg. 1

Procedure at hearing E+W

21.  Subject to the provisions of these Regulations, the authority shall determine the procedure to be followed at the hearing.

Commencement Information

I20 Reg. 21 in force at 7.2.2005, see reg. 1

22.  At the beginning of the hearing, the authority shall explain to the parties the procedure which it proposes to follow at the hearing and shall consider any request made by a party under regulation 8(2) for permission for another person to appear at the hearing, such permission shall not be unreasonably withheld.

Commencement Information

I21 Reg. 22 in force at 7.2.2005, see reg. 1

23.  A hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless the authority considers that cross-examination is required for it to consider the representations, application or notice as the case may require.

Commencement Information

I22 Reg. 23 in force at 7.2.2005, see reg. 1

24.  The authority must allow the parties an equal maximum period of time in which to exercise their rights provided for in regulation 16.

Commencement Information

I23 Reg. 24 in force at 7.2.2005, see reg. 1

25.  The authority may require any person attending the hearing who in their opinion is behaving in a disruptive manner to leave the hearing and may—

(a) refuse to permit that person to return, or

(b) permit him to return only on such conditions as the authority may specify,

but such a person may, before the end of the hearing, submit to the authority in writing any information which they would have been entitled to give orally had they not been required to leave.

Commencement Information

I24 Reg. 25 in force at 7.2.2005, see reg. 1

Determination of applications E+W

26.—(1) In the case of a hearing under—

(a) section 35 or 39 which is in respect of an application made at the same time as an application for conversion of an existing licence under paragraph 2 of Schedule 8 (determination of application under section 34 or 37),

(aa) [F21 section 53B (interim steps pending review),

(ab) section 53C (review of premises licence following review notice),]

(b) section 85 which is in respect of an application made at the same time as an application for conversion of an existing club certificate under paragraph 14 of Schedule 8 (determination of application under section 85),

(c) section 105(2)(a) (counter notice following police objection to temporary event notice),

(d) section 167(5)(a) (review of premises licence following closure order),

(e) paragraph 4(3)(a) of Schedule 8 (determination of application for conversion of existing licence),

(f) paragraph 16(3)(a) of Schedule 8 (determination of application for conversion of existing club certificate), or

(g) paragraph 26(3)(a) of Schedule 8 (determination of application by holder of a justices' licence for grant of personal licence),

the authority must make its determination at the conclusion of the hearing.

(2) In any other case [F22 (except in the case of a hearing under section 172B(1)(b))] the authority must make its determination within the period of five working days beginning with the day or the last day on which the hearing was held.

[F23 (3) In the case of a hearing under section 172B(1)(b), the authority must make its determination within the period of ten working days beginning with the day or the last day on which the hearing was held.]

Textual Amendments

F21 Reg. 26(1)(aa)(ab) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 3(7)

F22 Words in reg. 26(2) inserted (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 8(a)

F23 Reg. 26(3) added (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 8(b)

Commencement Information

I25 Reg. 26 in force at 7.2.2005, see reg. 1

27.  Where a hearing has been dispensed with in accordance with regulation 9, the authority must make its determination within the period of ten working days beginning with the day the authority gives notice to the parties under regulation 9(2).

Commencement Information

I26 Reg. 27 in force at 7.2.2005, see reg. 1

Notification of determination E+W

28.—(1)  [F24 Subject to paragraph (3), in a case] where the Act does not make provision for the period within which the authority must notify a party of its determination, the authority must do so forthwith on making it determination.

(2) In a case where—

(a) the Act provides for a chief officer of police to be notified of the determination of an authority, and

(b) that chief officer of police has not been a party to the hearing,

the authority shall notify that chief officer of police of its determination, forthwith on making its determination.

[F25 (3) The authority is not required to notify a party of its determination in respect of a hearing under section 172B(1)(b).]

Textual Amendments

F24 Words in reg. 28(1) substituted (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 9(a)

F25 Reg. 28(3) added (31.10.2012) by The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012 (S.I. 2012/2551), regs. 1(2), 9(b)

Commencement Information

I27 Reg. 28 in force at 7.2.2005, see reg. 1

29.  Where the authority notifies a party of its determination, the notice given (or, in the case of a hearing under section 31(3)(a) (determination of application for provisional statement), the statement issued) to the party must be accompanied by information regarding the right of a party to appeal against the determination of the authority.

Commencement Information

I28 Reg. 29 in force at 7.2.2005, see reg. 1

Record of proceedings E+W

30.  The authority shall provide for a record to be taken of the hearing in a permanent and intelligible form and kept for six years from the date of the determination or, where an appeal is brought against the determination of the authority, the disposal of the appeal.

Commencement Information

I29 Reg. 30 in force at 7.2.2005, see reg. 1

Irregularities E+W

31.  Any irregularity resulting from any failure to comply with any provision of these Regulations before the authority has made a determination shall not of itself render the proceedings void.

Commencement Information

I30 Reg. 31 in force at 7.2.2005, see reg. 1

32.  In any case of such an irregularity, the authority shall, if it considers that any person may have been prejudiced as a result of the irregularity, take such steps as it thinks fit to cure the irregularity before reaching its determination.

Commencement Information

I31 Reg. 32 in force at 7.2.2005, see reg. 1

33.  Clerical mistakes in any document recording a determination of the authority or errors arising in such document from an accidental slip or omission may be corrected by the authority.

Commencement Information

I32 Reg. 33 in force at 7.2.2005, see reg. 1

Notices E+W

34.—(1) Any notices required to be given by these Regulations must be given in writing.

(2) Notwithstanding the requirement in paragraph (1) and subject to [F26 paragraphs (3) and (4)], that requirement shall be satisfied in a case where –

(a) the text of the notice—

(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 reproduced in written form and used for subsequent reference;

(b) the person to whom the notice is to be given has agreed in advance that such a notice may be given to them by electronic means; and

(c) forthwith on sending the text of the notice by electronic means, the notice is given to the recipient in writing.

(3) Where the text of the notice is transmitted by electronic means, the giving of the notice shall be effected at the time the requirements of paragraph (2)(a) are satisfied.

[F27 (4) Sub-paragraphs (b) and (c) of paragraph (2) do not apply to a notice given in relation to a hearing held under section 172B(1)(b) of the Licensing Act 2003.]

Textual Amendments

F26 Words in reg. 34(2) substituted (1.10.2014) by The Licensing Act 2003 (Hearings) (Amendment) Regulations 2014 (S.I. 2014/2341), regs. 1, 2(2)(a)

F27 Reg. 34(4) added (1.10.2014) by The Licensing Act 2003 (Hearings) (Amendment) Regulations 2014 (S.I. 2014/2341), regs. 1, 2(2)(b)

Commencement Information

I33 Reg. 34 in force at 7.2.2005, see reg. 1

Richard Caborn

Minister of State

Department for Culture, Media and Sport

Date 12th January 2005

regulation 5

SCHEDULE 1 E+W

Commencement Information

I34 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).
[F28 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

F28 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

I35 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).
[F29 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).
[F30 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

F29 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)

F30 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

I36 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.
[F31 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.
[F32 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

F31 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)

F32 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

I37 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

I38 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

I39 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

I40 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

I41 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

I42 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

I43 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

I44 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

I45 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

I46 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

I47 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

I48 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

I49 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

I50 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

I51 Sch. 4 para. 15 in force at 7.2.2005, see reg. 1

[F33 15A.   the relevant representations as defined in section 172B(2), in accordance with section 172B(1)(b),] E+W

Textual Amendments

F33 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

I52 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

I53 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

I54 Sch. 4 para. 18 in force at 7.2.2005, see reg. 1

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the holding of hearings required to be held by licensing authorities under the Licensing Act 2003(c. 17) (“the Act”).

In particular, the Regulations provide for the timing of hearings and the notification requirements to parties to a hearing of the date, time and place of a hearing and information to accompany that notification (regulations 4, to 7 and Schedules 1, 2 and 3). In addition, provision is made for a party to a hearing to provide information to the licensing authority about attendance at a hearing, representations, the seeking of permission for another person to attend to assist the authority and whether the party believes a hearing to be necessary (regulation 8).

The Regulations provide for a range of procedural issues to govern the way in which preparations are made for a hearing, for the procedures to be followed, the rights of parties at a hearing, and various administrative matters, for example, the keeping of a record of the hearing and the manner of giving notices (regulations 9 to 33). The Regulations also make provision for the timing of the licensing authority’s determination following a hearing (Schedule 4).

Insofar as these Regulations do not make provision for procedures for and at hearings, section 9 of the Act provides that the authority can determine its own procedure.

A Regulatory Impact Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies may be obtained from the Alcohol and Entertainment Licensing Branch of the Department for Culture, Media and Sport, 3rd Floor, 2-4 Cockspur Street, London SW1Y 5DH or viewed on the Department’s website, www.culture.gov.uk.

(1)

2003 c. 17