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The Provision of Services Regulations 2009

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Provision of Services Regulations 2009 No. 2999

Licensing

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49.—(1) The Licensing Act 2003(1) is amended as follows.

(2) In section 17 (application for a premises licence)—

(a)in subsection (5), omit paragraph (b);

(b)after subsection (5) insert—

(6) The Secretary of State may by regulations—

(a)require an applicant to give notice of his application to each responsible authority, and such other persons as may be prescribed, within the prescribed period, and

(b)in a case where the application is made by means of a relevant electronic facility, require the relevant licensing authority to give notice of the application to such persons as may be prescribed, within the prescribed period..

(3) In section 34 (application to vary premises licence), for subsection (5), substitute—

(5) The functions of the Secretary of State under subsections (5) and (6) of section 17 (advertisements etc. of application) apply in relation to applications under this section as they apply in relation to applications under that section..

(4) In section 37 (application to vary licence to specify individual as a premises supervisor), in subsection (4), for the words from “The holder” to “his application” substitute “Notice of an application under this section must be given”.

(5) In that section, after subsection (4) insert—

(4A) Notice under subsection (4)(a) is to be given by—

(a)the relevant licensing authority, in a case where the holder of the premises licence submitted the application to the relevant licensing authority by means of a relevant electronic facility;

(b)the holder of the premises licence, in any other case.

(4B) Notice under subsection (4)(b) is to be given by the holder of the premises licence..

(6) In section 42 (application for transfer of premises licence), in subsection (5), for “applicant must give notice of his” substitute “relevant person must give notice of the”.

(7) In that section, after subsection (5) insert—

(5A) In subsection (5), “relevant person” means—

(a)the relevant licensing authority, in a case where the applicant submitted the application to the relevant licensing authority by means of a relevant electronic facility;

(b)the applicant, in any other case..

(8) In section 47 (interim authority notice following death etc of licence holder), after subsection (7) insert—

(7A) Where the interim authority notice was given to the relevant licensing authority by means of a relevant electronic facility—

(a)subsection (7)(a) does not apply, and

(b)the relevant licensing authority must forthwith give a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situated..

(9) In section 71 (application for a club premises certificate)—

(a)in subsection (6), omit paragraph (b);

(b)after subsection (6) insert—

(7) The Secretary of State may by regulations—

(a)require an applicant to give notice of his application to each responsible authority, and such other persons as may be prescribed, within the prescribed period, and

(b)in a case where the application is made by means of a relevant electronic facility, require the relevant licensing authority to give notice of the application to such persons as may be prescribed, within the prescribed period..

(10) In section 84 (application to vary club premises certificate), for subsection (4), substitute—

(4) The functions of the Secretary of State under subsections (6) and (7) of section 71 (advertisements etc. of application) apply in relation to applications under this section as they apply in relation to applications under that section..

(11) In section 100 (temporary event notice), in subsection (7)(a), omit “(in duplicate)”.

(12) In section 104 (objection to notice by the police), after subsection (1) insert—

(1A) Where the premises user gave the temporary event notice to the relevant licensing authority by means of a relevant electronic facility—

(a)subsection (1) does not apply, and

(b)the relevant licensing authority must give a copy of the notice to the relevant chief officer of police no later than the end of the first working day after the day on which the notice was given to the relevant licensing authority..

(13) In that section, in subsections (2) and (3), after “subsection (1)” insert “or (1A)”.

(14) In section 193 (other definitions), after the definition of “regulations” insert—

“relevant electronic facility” means—

(a)

the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009, or

(b)

any facility established and maintained by a licensing authority for the purpose of receiving applications, notices or representations electronically;.

(15) In section 194 (index of defined expressions), after the entry relating to “regulations” insert—

“relevant electronic facility”…………………………………………section 193.

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