Cinemas Act 1985

3 Grant, renewal and transfer of licence or consent. E+W

(1) An applicant for the grant, renewal or transfer of a licence shall give to—

(a) the licensing authority,

(b) the fire authority, and

(c) the chief officer of police,

not less than 28 days’ notice of his intention to make the application.

F1 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The licensing authority may in such cases as they think fit, after consulting with the fire authority and the chief officer of police, grant an application for the grant, renewal or transfer of a licence notwithstanding the fact that the applicant has failed to give notice in accordance with subsection (1) above.

(3) In considering any application for the grant, renewal or transfer of a licence, the licensing authority shall have regard to any observations submitted to them by the fire authority or by the chief officer of police.

(4) Unless revoked under section 12 below, a licence shall remain in force for one year or for such shorter period as the licensing authority on the grant of the licence may determine.

(5) A licensing authority may transfer any licence granted by them to such other person as they think fit.

(6) Where, before the date of expiry of a licence, an application has been made for its renewal or transfer, the licence shall be deemed to remain in force or, as the case may require, to have effect with any necessary modifications until the determination of the application by the licensing authority or the withdrawal of the application.

(7) There shall be paid in respect of the grant, renewal or transfer of a licence such fees as may be fixed by the licensing authority, not exceeding—

(a) in the case of a grant or renewal for one year, [F2 £600.00];

(b) in the case of a grant or renewal for any less period, [F3 £200.00] for each month for which the licence is granted or renewed but so that the aggregate of the fees payable in any year does not exceed [F2 £600.00]; or

(c) in the case of a transfer, [F4 £120.00].

(8) The Secretary of State may by order amend subsection (7) above so as to vary any sum specified in that subsection or so as to provide that any sum payable under that subsection shall cease to be so payable; and an order under this subsection may be limited to such cases as may be specified by the order and may make different provision for different cases specified in the order.

(9) An order under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this Act, except where the contrary intention appears,—

• “chief officer of police”, in relation to any premises, means the chief officer of police for the police area in which the premises are situated;

• “fire authority”, in relation to any premises, means the authority discharging in the area in which the premises are situated the functions of fire authority under the M1 Fire Services Act 1947;

• “licence” means a licence under section 1 above or a consent under section 2 above and references to a licence of either kind shall be construed accordingly;

• “licensing authority”, in relation to any premises, means the local authority in whose area the premises are situated.

Subordinate Legislation Made

P1 S. 3: power previously exercised by S.I. 1986/207 and 1986/320.

P2 S. 3(8): s. 3(8) power exercised by S.I.1991/2462.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 S. 3(1A) repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)

F2 “£600.00” substituted (E.W.) (1.12.1991) by virtue of S.I. 1991/2462, art. 2(a)

F3 “£200.00” substituted (E.W.) (1.12.1991) by virtue of S.I. 1991/2462, art. 2(b)

F4 “£120.00” substituted (E.W.) (1.12.1991) by virtue of S.I. 1991/2462, art. 2(c)

Modifications etc. (not altering text)

C1 S. 3(8) applied (with modifications) (8.11.1995) by 1995 c. x, s. 45

Marginal Citations

M1 1947 c. 41.

3 Grant, renewal and transfer of licence or consent. S

(1) An applicant for the grant, renewal or transfer of a licence shall give to—

(a) the licensing authority,

(b) the [F5 appropriate [F6 fire] authority] , and

(c) the chief officer of police,

not less than 28 days’ notice of his intention to make the application.

F1 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The licensing authority may in such cases as they think fit, after consulting with the [F7 appropriate [F8 fire] authority] and the chief officer of police, grant an application for the grant, renewal or transfer of a licence notwithstanding the fact that the applicant has failed to give notice in accordance with subsection (1) above.

(3) In considering any application for the grant, renewal or transfer of a licence, the licensing authority shall have regard to any observations submitted to them by the [F7 appropriate [F9 fire] authority] or by the chief officer of police.

(4) Unless revoked under section 12 below, a licence shall remain in force for one year or for such shorter period as the licensing authority on the grant of the licence may determine.

(5) A licensing authority may transfer any licence granted by them to such other person as they think fit.

(6) Where, before the date of expiry of a licence, an application has been made for its renewal or transfer, the licence shall be deemed to remain in force or, as the case may require, to have effect with any necessary modifications until the determination of the application by the licensing authority or the withdrawal of the application.

(7) There shall be paid in respect of the grant, renewal or transfer of a licence such fees as may be fixed by the licensing authority, not exceeding—

(a) in the case of a grant or renewal for one year, [F10 £600.00];

(b) in the case of a grant or renewal for any less period, [F11 £200.00] for each month for which the licence is granted or renewed but so that the aggregate of the fees payable in any year does not exceed [F10 £600.00]; or

(c) in the case of a transfer, [F12 £120.00].

(8) The Secretary of State may by order amend subsection (7) above so as to vary any sum specified in that subsection or so as to provide that any sum payable under that subsection shall cease to be so payable; and an order under this subsection may be limited to such cases as may be specified by the order and may make different provision for different cases specified in the order.

(9) An order under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this Act, except where the contrary intention appears,—

• [F13 “appropriate [F14 fire] authority”, in relation to any premises, means–

  (a)

  [F15 where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises, the enforcing authority as defined in section 61(9) of that Act;

  (b)

  in any other case,] the [F16 Scottish Fire and Rescue Service];]

• “chief officer of police”, in relation to any premises, means the chief officer of police for the police area in which the premises are situated;

• F17 ...

• “licence” means a licence under section 1 above or a consent under section 2 above and references to a licence of either kind shall be construed accordingly;

• “licensing authority”, in relation to any premises, means the local authority in whose area the premises are situated.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Subordinate Legislation Made

P3 S. 3: power previously exercised by S.I. 1986/207 and 1986/320.

P4 S. 3(8): s. 3(8) power exercised by S.I.1991/2462.

Textual Amendments

F1 S. 3(1A) repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)

F5 Words in s. 3(1)(b) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 1 para. 8(2)(3)(a)

F6 Word in s. 3(1)(b) substituted (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 12(4)(5)(a)

F7 Words in s. 3(2)(3) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 1 para. 8(2)(3)(a)

F8 Word in s. 3(2) substituted (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 12(4)(5)(a)

F9 Word in s. 3(3) substituted (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 12(4)(5)(a)

F10 “£600.00” substituted (S.) (1.12.1991) by virtue of S.I. 1991/2462, art. 2(a)

F11 “£200.00” substituted (S.) (1.12.1991) by virtue of S.I. 1991/2462, art. 2(b)

F12 “£120.00” substituted (S.) (1.12.1991) by virtue of S.I. 1991/2462, art. 2(c)

F13 Words in s. 3(10) inserted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 1 para. 8(4)

F14 Word in s. 3(10) substituted (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 12(6)(a)

F15 Words in s. 3(10) inserted (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 12(6)(b)

F16 Words in s. 3(10)(b) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 55(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F17 Words in s. 3(10) repealed (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 2

Modifications etc. (not altering text)

C2 S. 3(8) applied (with modifications) (8.11.1995) by 1995 c. x, s. 45