City of London Corporation (Open Spaces) Act 2018

Section 10

SCHEDULE LICENSING SCHEMES

1 A licensing scheme must specify—

(a) the date on which the scheme takes effect;

(b) the activities to which it applies;

(c) the terms and conditions to which a licence for each specified activity is subject; and

(d) the fee (determined in accordance with paragraph 4(b)) payable for, and the duration of, a licence for each activity.

2 The Corporation may vary or revoke a licensing scheme.

3 Before making, varying or revoking a licensing scheme, the Corporation must consult such persons or bodies as it thinks appropriate (which must include any committee or group established by statute for the purpose of consultation about the management of the open space).

4 The Corporation may—

(a) charge an applicant for a licence such fee as is determined by the Corporation to be sufficient to cover the reasonable administrative costs incurred in connection with such applications; and

(b) charge such fee for a licence as the Corporation considers is an appropriate contribution towards the costs incurred by the Corporation in connection with the open space.

5 An applicant for a licence must—

(a) provide such information as the Corporation may reasonably require; and

(b) pay such fee as is determined by the Corporation in accordance with paragraph 4(a).

6 The Corporation must refuse to grant a licence if, in the opinion of the Corporation—

(a) the applicant is not a fit and proper person to hold a licence; or

(b) activity carried on under the licence would (whether individually or taken with activity under licences already granted) cause annoyance to persons making recreational use of the open space, restriction of access for such use by them or other material injury to the amenity of the open space.

7 A licence is subject to such terms and conditions as may be required by the licensing scheme.

8 The Corporation may revoke a licence if there has been a breach of any of its terms or conditions.

9 Any person aggrieved by the refusal of the Corporation to grant a licence, or by the revocation of a licence, may—

(a) within 14 days of having been notified by the Corporation of its decision, seek a review of the decision by a committee of the Corporation comprising three members who are magistrates; and

(b) if aggrieved by the decision of the committee, appeal within 14 days of having been notified by the Corporation of that decision, to the magistrates’ court, and on any such appeal the court may confirm, reverse or vary the decision of the Corporation and may award costs.

10 For a period beginning not less than 21 days before the date on which a licensing scheme takes effect and continuing for so long as the scheme remains in force, the Corporation must—

(a) on its website, publish the scheme and state—

(i) the manner in which an application for a licence may be made; and

(ii) the effect of section 10(4); and

(b) on notices posted in the open space, provide information sufficient to bring the scheme to the general attention of persons resorting to the open space, including—

(i) the date on which the licensing scheme takes effect;

(ii) the activities to which it applies;

(iii) the website on which the licensing scheme may be viewed;

(iv) the manner in which an application for a licence may be made; and

(v) the effect of section 10(4).

11 Paragraph 10 (so far as relevant) applies to any variation or revocation of a licensing scheme.

12 A licence granted under section 10(2) must be in writing and state—

(a) the name of the person to whom it is granted;

(b) the open space and activity to which it relates;

(c) the terms and conditions to which it is subject; and

(d) the dates on which it commences and expires.