Licensing Act 2003

[F1 Production of licence, rights of entry, etc. E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Ss. 41A-41C and cross-heading inserted (1.7.2009 for certain purposes and 29.7.2009 otherwise) by The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772), art. 2

56 Licensing authority’s duty to update licence document E+W

(1) Where—

(a) the relevant licensing authority, in relation to a premises licence, makes a determination or receives a notice under this Part,

(b) a premises licence lapses under this Part, or

(c) an appeal against a decision under this Part is disposed of,

the relevant licensing authority must make the appropriate amendments (if any) to the licence and, if necessary, issue a new summary of the licence.

(2) Where a licensing authority is not in possession of the licence (or the appropriate part of the licence) it may, for the purposes of discharging its obligations under subsection (1), require the holder of a premises licence to produce the licence (or the appropriate part) to the authority within 14 days from the date on which he is notified of the requirement.

(3) A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

57 Duty to keep and produce licence[F2 etc.] E+W

(1) This section applies whenever premises in respect of which a premises licence has effect are being used for one or more licensable activities authorised by the licence.

(2) The holder of the premises licence must secure that the licence or a certified copy of it [F3 and a list of any relevant mandatory conditions applicable to the licence are] kept at the premises in the custody or under the control of—

(a) the holder of the licence, or

(b) a person who works at the premises and whom the holder of the licence has nominated in writing for the purposes of this subsection.

(3) The holder of the premises licence must secure that—

(a) the summary of the licence or a certified copy of that summary, and

(b) a notice specifying the position held at the premises by any person nominated for the purposes of subsection (2),

are prominently displayed at the premises.

(4) The holder of a premises licence commits an offence if he fails, without reasonable excuse, to comply with subsection (2) or (3).

(5) A constable or an authorised person may require the person who, by virtue of arrangements made for the purposes of subsection (2), is required to have the premises licence (or a certified copy of it [F4 or a list of relevant mandatory conditions]) in his custody or under his control to produce the licence (or such a copy [F5 or the list]) for examination.

(6) An authorised person exercising the power conferred by subsection (5) must, if so requested, produce evidence of his authority to exercise the power.

(7) A person commits an offence if he fails, without reasonable excuse, to produce a premises licence or certified copy of a premises licence [F6 or a list of relevant mandatory conditions] in accordance with a requirement under subsection (5).

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(9) In subsection (3) the reference to the summary of the licence is a reference to the summary issued under section 23 or, where one or more summaries have subsequently been issued under section 56, the most recent summary to have been so issued.

(10) Section 58 makes provision about certified copies of documents for the purposes of this section.

[F7 (11) In this section “relevant mandatory conditions”, in relation to a premises licence, means conditions applicable to the licence by virtue of section 19(4) or 19A.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 S. 57: word in heading inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(2); S.I. 2010/125, art. 2

F3 Words in s. 57(2) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(3); S.I. 2010/125, art. 2

F4 Words in s. 57(5) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(4)(a); S.I. 2010/125, art. 2

F5 Words in s. 57(5) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(4)(b); S.I. 2010/125, art. 2

F6 Words in s. 57(7) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(5); S.I. 2010/125, art. 2

F7 S. 57(11) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(6); S.I. 2010/125, art. 2

58 Provision supplementary to section 57 E+W

(1) Any reference in section 57 to a certified copy of any document is a reference to a copy of that document which is certified to be a true copy by—

(a) the relevant licensing authority,

(b) a solicitor or notary, or

(c) a person of a prescribed description.

(2) Any certified copy produced in accordance with a requirement under section 57(5) must be a copy of the document in the form in which it exists at the time.

(3) A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.

[F8 (4) In this section “notary” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 S. 58(4) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 140 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

Commencement Information

I1 S. 58 wholly in force at 24.11.2005; s. 58 not in force at Royal Assent, see s. 201; s. 58(1)(c) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 58(1)(a)(b)(2)(3) in force at 24.11.2005 by S.I. 2005/3056, art. 2 (with Sch.)

59 Inspection of premises before grant of licence etc. E+W

(1) In this section “relevant application” means an application under—

(a) section 17 (grant of licence),

(b) section 29 (provisional statement),

(c) section 34 (variation of licence), or

(d) section 51 (review of licence).

(2) A constable or an authorised person may, at any reasonable time before the determination of a relevant application, enter the premises to which the application relates to assess—

(a) in a case within subsection (1)(a), (b) or (c), the likely effect of the grant of the application on the promotion of the licensing objectives, and

(b) in a case within subsection (1)(d), the effect of the activities authorised by the premises licence on the promotion of those objectives.

(3) An authorised person exercising the power conferred by this section must, if so requested, produce evidence of his authority to exercise the power.

(4) A constable or an authorised person exercising the power conferred by this section in relation to an application within subsection (1)(d) may, if necessary, use reasonable force.

(5) A person commits an offence if he intentionally obstructs an authorised person exercising a power conferred by this section.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2 S. 59 wholly in force at 24.11.2005; s. 59 not in force at Royal Assent, see s. 201; s. 59(1)(a)(b)(c)(2)(a)(3)-(6) in force for certain purposes at 7.2.2005 and 24.11.2005 otherwise by S.I. 2004/2360, art. 2 (Sch.); S.I. 2005/3056, art. 2, (with Sch.)