The Licensing Act 2003 (Transitional conversions fees) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the determination of the fees to be paid in respect of premises for the conversion of existing licences and registered certificates to new premises licences and club premises certificates under paragraphs 2 or 14 of Schedule 8 to the Licensing Act 2003 (c. 17) (the Act).

Article 3 and Schedule 1 allocate premises to bands by reference to the non-domestic rateable value of premises and make provision about the relevant band in circumstances where the premises does not have a non-domestic rateable value and in other circumstances.

Articles 4 and 5 and Schedule 2 make provision for the level of fee to be paid by reference to the band in which the premises is allocated and, for conversions to premises licences only, for a multiplier to be applied to the fee for higher banded premises. Article 4(4) and Schedule 3 make provision for an additional fee to be paid in respect of a conversion to a premises licence where the number of persons the applicant allows on the premises at any one time is 5,000 or more (article 4(5) sets out circumstances in which this additional fee is not payable in respect of premises which comprise a building).

Article 6 makes provision for exemption from paying the fee in respect of applications to convert which relate to the provision of regulated entertainment only in specified circumstances. These relate to schools and colleges (defined in article 2) and to church halls, village halls and the like.

This Order does not make provision for any other fees payable in respect of applications made or notices given under the Act. In particular it does not make provision for the fee in respect of applications to vary under sections 34, 37 or 84 of the Act made at the same time as the applications to convert covered by this Order. All other such fees are provided for in the Licensing Act 2003 (Fees) Regulations 2005 (S.I. 2005/79).

A Regulatory Impact Assessment in relation to this Order 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, 3^rd Floor, 2-4 Cockspur Street, London, SW1Y 5DH or viewed on the Department’s website, www.culture.gov.uk