PART 3ACIVIC LICENSING STANDARDS OFFICERS

45GCivic licensing standards officers

1

Each local authority must appoint for their area one or more officers (a “civic licensing standards officer”)—

a

to exercise, in relation to the authority's area, the general functions conferred on civic licensing standards officers by virtue of section 45H, and

b

to exercise any other functions that may be conferred on such an officer by virtue of this or any other enactment.

2

A civic licensing standards officer appointed by a local authority is taken to be an authorised officer of the authority for the purposes of Parts 1 to 3.

3

A person may hold more than one appointment under subsection (1) (so as to be a civic licensing standards officer for more than one local authority area).

4

Nothing in this section prevents an officer of a local authority other than a civic licensing standards officer from being an authorised officer of the authority for a purpose of Parts 1 to 3.

5

In this Part, a reference to a local authority includes a reference to that authority acting as the licensing authority for their area and a reference to an authorised officer of a local authority (however expressed) is to be construed accordingly.

45HGeneral functions of a civic licensing standards officer

1

The general functions of a civic licensing standards officer are—

a

to provide to any interested person information and guidance concerning the operation of Parts 1 to 3 in the officer's area,

b

to supervise the compliance by the holder of a licence granted under Parts 1 to 3 in the officer's area with—

i

the conditions of the licence, and

ii

the other requirements of Parts 1 to 3,

c

to provide mediation services for the purposes of avoiding or resolving disputes or disagreements between—

i

the holder of a licence granted under Parts 1 to 3 in the officer's area, and

ii

any other person,

concerning any matter relating to compliance with the conditions of the licence or the other requirements of Parts 1 to 3.

2

The function under subsection (1)(b) includes, in particular, power for a civic licensing standards officer, where the officer believes that a condition to which the licence is subject has been or is being breached—

a

to give a notice to the holder of the licence requiring such action to be taken to remedy the breach as may be specified in the notice, and

b

to refer the breach to the local authority which granted the licence for consideration at a meeting of the authority.

3

A civic licensing standards officer may only refer a breach of a condition under subsection (2)(b) if—

a

the officer has given notice under subsection (2)(a) and the holder of the licence has failed to comply with it, or

b

the officer considers that it is appropriate for the breach to be referred to the authority without such a notice being given.

4

In this section, a reference to an officer's area is a reference to—

a

the local authority area for which the officer is appointed under section 45G(1), or

b

where the officer is appointed for more than one local authority area, the area for which the officer is exercising a function at the relevant time.