Schedule 8 – Transitional provision etc.
313.Part 1 of this Schedule sets out the transitional provisions for premises licences. A person who is either the holder of an existing licence or who has the consent of the holder of an existing licence may, within 6 months of a day appointed for the purposes of this Part of the Schedule, apply to the relevant licensing authority (determined in accordance with section 12 in Part 3 of the Act) for the conversion of an existing licence, or existing licences, to a premises licence. The Part lists, in paragraph 1(1), the existing licences in the current licensing regimes which may be converted to a premises licence and defines existing licensable activities to mean licensable activities authorised under an existing licence and any other licensable activities which may be carried on at the premises to which the existing licence relates which may be carried on by virtue of the existence of the licence.
314.Paragraph 2(4) and (5) details the matters to be specified in an application for the conversion of an existing licence and the documents to accompany the application. Paragraph 3 requires an applicant for the conversion of an existing licence to give a copy of his application (with its accompanying documents) to the chief officer of police for the police area in which the premises are situated within 48 hours of the application. In circumstances where an appeal is pending against a decision to revoke or reject an application for the renewal of an existing licence and the chief officer of police is satisfied that the conversion of the existing licence would undermine the crime prevention objective or where he is satisfied that there has been a material change in circumstances since the grant of the existing licence or its last renewal such that the conversion of the existing licence would undermine the crime prevention objective, he must give a notice to that effect to both the applicant and the licensing authority. Paragraph 3(5) provides that the chief officer of police may not give such a notice after the end of the period of 28 days beginning with the day on which he received a copy of the application.
315.By virtue of paragraph 4, a licensing authority must grant the application for conversion of an existing licence unless a notice has been given by the chief officer of police under paragraph 3 which has not been withdrawn. If a notice has been given, the authority must hold a hearing to consider that notice (unless the applicant, the chief officer of police and the licensing authority agree that this is unnecessary) and reject the application (or that part of the application which relates to the existing licence to which the notice relates) if the authority considers that it is necessary to do so for the promotion of the crime prevention objective. If the licensing authority fails to determine the application within 2 months of the receipt of the application, the application will be treated as granted. However, an application will not be granted in circumstances where the existing licence has ceased to be held by the applicant before the application is granted. Paragraph 6 provides that where a new premises licence is granted the mandatory conditions for such licences will apply.
316.Paragraph 7 provides that a person who makes an application for the conversion of an existing licence may at the same time apply for a variation of the new premises licence (the converted licence), notwithstanding the fact that at that time it would not have been granted, as if that licence is in force under section 37 (application to vary licence to specify individual as premises supervisor) or section 34 (application to vary premises licence). If such an application is made the relevant licensing authority (see section 12) may discharge its functions in relation to that application and the relevant provisions in Part 3 of the Act will apply.
317.This Part of the Schedule also makes provision for the consequences of an existing licence being revoked by the licensing justices or a court after the grant of the new premises licence but before the second day appointed by the Secretary of State. If this occurs in respect of all the existing licensable activities converted to the new premises licence, the new premises licence will lapse. If it occurs in respect of only some of the said existing licensable activities the licensing authority is obliged to amend the new premises licence to remove those activity or activities from it.
318.Provision is made for the applicant to appeal against a decision by the licensing authority to reject the application for conversion of an existing licence and for the chief officer of police to appeal against a decision to grant the application after consideration of his notice of objection. Further, a right of appeal is provided for the “applicant” against a decision to amend the new licence (as mentioned in the paragraph above).
319.These provisions enable existing licence holders, or applicants with their consent, to enjoy the same authorisation in the new system as they currently enjoy if they wish to do so.
320.Provision is made in relation to false statements for the purposes of obtaining a new licence.
321.Paragraph 11 applies where, rather than using the procedure set out in the earlier paragraphs, a person who currently carries on a licensable activity applies for a new premises licence under Part 3 of the Act. A licensing authority is prohibited from attaching conditions to the premises licence which would have the effect of restricting the opening hours to more limited hours than the current “permitted hours” under Part 3 of the Licensing Authority Act 1964.
322.Part 2 of this Schedule makes similar transitional provisions to those in Part 1 in relation to applications by clubs which are registered for the purposes of Part 2 of the Licensing Act 1964 to convert their existing club certificate under that Part to a club premises certificate.
323.Part 3 of this Schedule sets out the transitional provisions for personal licences. During the transitional period (defined as the period of not less than six months specified by order), a holder of an existing justices’ licence (granted under the Licensing Act 1964) authorising the sale of alcohol by retail will be entitled to apply for the grant to him of a personal licence without having to possess the licensing qualification ordinarily required under Part 6 of the Act, provided that certain requirements are met. These are that he produces his current justices’ licence, his photograph (in a prescribed form) and a statement (if appropriate) relating to his convictions for relevant offences or foreign offences.
324.The applicant must give a copy of the application for a personal licence to the chief officer of police within 48 hours of making the application. The chief officer of police may give an objection notice if he is satisfied, having regard to the applicant’s conviction for any relevant offence or foreign offence, that the exceptional circumstances of the case are such that the grant of the licence would undermine the crime prevention objective. If no objection has been made by the police and the licensing authority is satisfied that the applicant holds a justices’ licence the application must be granted. If the authority is not satisfied that the applicant holds a licence it must reject the application. If the police have objected to the grant, the licensing authority must hold a hearing (unless the applicant, police and the authority agree otherwise) to consider the objection. As a result of the consideration of the objection notice the licensing authority must reject the application if it considers it necessary for the promotion of the crime prevention objective to do so or grant the application in any other case. Provisions in Part 6 of the Act relating to the notification of determinations by the licensing authority apply in relation to the authority’s decision (see section 122). Rights of appeal are conferred on the applicant and the chief officer of police.
325.If an authority fails to determine an application for a personal licence within 3 months of its receipt, the application will be treated as granted.
326.Part 4 of this Schedule provides that during the transitional period licensing authorities should consult representatives of existing justices’ licences and registered clubs in their area in forming their licensing policy.
327.Section 191 (meaning of “alcohol”) excludes “denatured alcohol”. This is the term which, from the commencement of section 5(1) of the Finance Act 1995 is to be used to refer to what is currently referred to as “methylated spirits”. Pending the commencement of that provision, section 191 has effect by virtue of paragraph 30 of this Schedule as if it referred to “methylated spirits”.
328.The Schedule also makes provision for savings in relation to some of the provisions which are repealed by the Act. To the extent that the provisions repealed are relied upon in other statutes (in particular, local enactments relating to London) their effect is preserved.
