2012 No. 955 LICENCES AND LICENSING

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1 STATUTORY INSTRUMENTS 2012 No. 955 LICENCES AND LICENSING The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012 Made th March 2012 Laid before Parliament 30th March 2012 Coming into force th April 2012 The Secretary of State, in exercise of the powers conferred by sections 17(5)(aa), 30(2), 34(5), 41A(4), 51(3), 53A(3), 54, 71(6)(aa), 84(4), 86A(4), 87(3), 91, 167(4) and 193(1) of the Licensing Act 2003(2), makes the following Regulations. Citation and commencement 1. These Regulations may be cited as the Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012 and come into force on 25th April Premises licences and club premises certificates: amendment to advertising and other requirements 2. The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(3) are amended in accordance with regulations 3 to 11. Interpretation 3. In regulation 2(1), in the definition of representations, for an interested party or a responsible authority substitute a responsible authority or any other person. Representations 4. In regulation 22(1) for An interested party or a responsible authority substitute A responsible authority or any other person. Advertisement of applications: applicant 5. Before regulation 25, for the heading substitute (1) See the definition of regulations. (2) 2003 c.17. Section 17(5)(aa) was inserted by section 105(1) and 3(b) of the Police Reform and Social Responsibility Act 2011 (c. 13). Section 71(6)(aa) was inserted by section 107(1) and 3(b) of the Police Reform and Social Responsibility Act (3) S.I. 2005/42 as amended by S.I. 2009/1809, S.I. 2009/2999, S.I. 2009/3159 and S.I. 2010/2851.

2 Advertisement of applications by applicant. 6. In regulation 26(4)(d) for an interested party or responsible authority substitute a responsible authority or any other person. 7. In regulation 26A(2)(b)(vii) for an interested party substitute a person. Advertisement of applications: licensing authority 8. After regulation 26A, insert Advertisement of applications by licensing authority 26B. In the case of an application for a premises licence under section 17, for a provisional statement under section 29, to vary a premises licence under section 34 (except where the only variation sought is the inclusion of the alternative licence condition), for a club premises certificate under section 71 or to vary a club premises certificate under section 84, the relevant licensing authority shall advertise the application (a) for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority; (b) by publication of a notice on its website containing the information set out in regulation 26C. 26C. (1) In the case of an application for a premises licence or a club premises certificate, the notice referred to in regulation 26B shall contain a statement of the relevant licensable activities or relevant qualifying club activities as the case may require which it is proposed will be carried on on or from the premises. (2) In the case of an application for a provisional statement, the notice referred to in regulation 26B (a) shall state that representations are restricted after the issue of a provisional statement; and (b) where known, may state the relevant licensable activities which it is proposed will be carried on on or from the premises. (3) In the case of an application to vary a premises licence or a club premises certificate, the notice referred to in regulation 26B shall briefly describe the proposed variation. (4) In all cases, the notice referred to in regulation 26B shall state (a) the name of the applicant or club; (b) the postal address of the premises or club premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises or club premises to be identified; (c) the postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and where and when the record of the application may be inspected; (d) the date by which a responsible authority or any other person may make representations to the relevant licensing authority; (e) that representations must be made in writing; and 2

3 (f) that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.. Review of premises licence: representations 9. In regulations 37(b) and 39(b) for interested parties and responsible authorities substitute responsible authorities and any other persons. Transfer of premises licence: form 10. For the form in Schedule 6 substitute the form in Schedule 1 to these Regulations. Review of premises licence or club premises certificate: form 11. For the form in Schedule 8 substitute the form in Schedule 2 to these Regulations. Home Office 24th March 2012 Lord Henley Minister of State 3

4 SCHEDULE 1 Regulation 10 4

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10 SCHEDULE 2 Regulation 11 10

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17 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42) ( the 2005 Regulations) to give effect to certain amendments made to the Licensing Act 2003 ( the 2003 Act ) by the Police Reform and Social Responsibility Act The category of interested party is removed from the 2003 Act to enable any person to participate in the various processes set out in that Act, regardless of their physical proximity to the premises concerned. Moreover, the Secretary of State must by regulations require licensing authorities to advertise certain applications in a prescribed form and in a prescribed manner which is likely to bring the application to the attention of persons likely to be affected by it. These Regulations prescribe new requirements in relation to the applications, notices and representations given or made under Parts 3 and 4 of the 2003 Act. Regulations 3, 4, 6, 7 and 9 amend regulations 2, 22, 26, 26A, 37 and 39 of the 2005 Regulations so as to replace references in them to interested parties with references to any person. Regulation 5 amends the heading to regulation 25 of the 2005 regulations so as to clarify the subject to which this provision relates. Regulation 8 inserts new regulations 26B and 26C into the 2005 Regulations. Regulation 26B sets out the requirement on a licensing authority to advertise an application for the grant or variation of a licence or certificate, or the application for a provisional statement. The licensing authority must advertise the application for the period of 28 days starting on the day after the day on which it receives the application, and it must publish a notice on its website containing the information set out in regulation 26C. Under regulation 26C, that information depends on the type of application being made but, in all cases, must include the applicant s name, certain addresses, the date by which persons can make representations and the manner in which such representations should be made. Under regulations 10 and 11, the forms prescribed in Schedules 1 and 2 to these Regulations replace the forms prescribed respectively in Schedules 6 and 8 to the 2005 Regulations. Regulation 10 has the effect of removing a minor error in the preceding version of the form. Regulation 11 has the effect of removing a reference to an interested party from the preceding version of the form. An impact assessment has not been produced for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen. 17