The Local Authorities (Alcohol Disorder Zones) Regulations 2008

Suspension of premises licences and club premises certificates for non payment of charge

20.—(1) Where a charge has not been paid to a local authority within seven days of service of a final demand notice, the local authority may issue a certificate to the relevant licensing authority which—

(a) notifies the licensing authority that a charge has not been paid within seven days of service of a final demand notice; and

(b) identifies the premises in respect of which the charge is payable.

(2) The licensing authority shall give notice in writing to the person holding the licence or club premises certificate in respect of the premises identified in the certificate that—

(a) a certificate has been received in respect of premises for which they hold a premises licence or a club premises certificate;

(b) representations can be made by, or on behalf of, that person to the licensing authority within seven days of service of this written notice;

(c) failure to make representations shall give rise to suspension of the premises licence or club premises certificate held by the person unless the licensing authority has reason to believe that the licence holder had good reason for withholding payment;

(d) any representations shall be considered by the licensing authority at a hearing which the licensing authority will hold to determine whether to suspend the premises licence or club premises certificate held by the person; and

(e) the person is entitled to attend and make oral representations at that hearing.

(3) The written notice issued under paragraph (2) shall be served by post and shall be deemed to be served five days after the day on which it is posted.

(4) The licensing authority shall, within forty days of receipt of a certificate, determine whether to suspend a premises licence or club premises certificate in respect of premises identified in the certificate it received and, where representations have been received from the person holding that licence or club premises certificate, it shall make that determination at a hearing.

(5) Notice of that hearing must be served on all interested parties at least ten days before the hearing.

(6) The written notice issued under paragraph (5) shall be served by post and shall be deemed to be served five days after the day on which it is posted.

(7) The licensing authority shall suspend a premises licence or club premises certificate in respect of premises identified in a certificate where it is satisfied that a charge imposed by a local authority under regulation 10 has, without good reason, not been paid within seven days of service of a final demand notice.

(8) The licensing authority shall give notice in writing of its decision to the holder of the premises licence or club premises certificate as soon as reasonably practicable.

(9) The notice of its decision under paragraph (8) shall be served by post and is deemed to be served five days after the day on which it is posted.

(10) Where the licensing authority suspends a premises licence or club premises certificate the suspension—

(a) shall commence on the day after the day on which the notice is deemed to be served;

(b) shall have effect until payment of the charge and any interest carried on that charge by virtue of regulation 19(3) is received by the local authority.

(11) For the purposes of this regulation “licensing authority” has the same meaning as in section 3 of the Licensing Act 2003 (licensing authorities) and the relevant licensing authority is the authority which issued the premises licence or club premises certificate in respect of the premises identified in the certificate.