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Licensing Act 2003

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167Review of premises licence following closure orderE+W

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a closure order has come into force in relation to premises in respect of which a premises licence has effect, and

(b)the relevant licensing authority has received a notice under section 165(4) (notice of magistrates' court’s determination), in relation to the order and any extension of it.

(2)The relevant licensing authority must review the premises licence.

(3)The authority must reach a determination on the review no later than 28 days after the day on which it receives the notice mentioned in subsection (1)(b).

(4)The Secretary of State must by regulations—

(a)require the relevant licensing authority to give, to the holder of the premises licence and each responsible authority, notice of—

(i)the review,

(ii)the closure order and any extension of it, and

(iii)any order made in relation to it under section 165(2);

(b)require the authority to advertise the review and invite representations about it to be made to the authority by responsible authorities and interested parties;

(c)prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any interested party;

(d)require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

(5)The relevant licensing authority must—

(a)hold a hearing to consider—

(i)the closure order and any extension of it,

(ii)any order under section 165(2), and

(iii)any relevant representations, and

(b)take such of the steps mentioned in subsection (6) (if any) as it considers necessary for the promotion of the licensing objectives.

(6)Those steps are—

(a)to modify the conditions of the premises licence,

(b)to exclude a licensable activity from the scope of the licence,

(c)to remove the designated premises supervisor from the licence,

(d)to suspend the licence for a period not exceeding three months, or

(e)to revoke the licence;

and for this purpose the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(7)Subsection (5)(b) is subject to sections 19, 20 and 21 (requirement to include certain conditions in premises licences).

(8)Where the authority takes a step within subsection (6)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

(9)In this section “relevant representations” means representations which—

(a)are relevant to one or more of the licensing objectives, and

(b)meet the requirements of subsection (10).

(10)The requirements are—

(a)that the representations are made by the holder of the premises licence, a responsible authority or an interested party within the period prescribed under subsection (4)(c),

(b)that they have not been withdrawn, and

(c)if they are made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(11)Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(12)Where a licensing authority determines a review under this section it must notify the determination and its reasons for making it to—

(a)the holder of the licence,

(b)any person who made relevant representations, and

(c)the chief officer of police for the police area (or each police area) in which the premises are situated.

(13)Section 168 makes provision about when the determination takes effect.

(14)In this section “interested party” and “responsible authority” have the same meaning as in Part 3.

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Commencement Information

I1S. 167 wholly in force at 24.11.2005; s. 167 not in force at Royal Assent, see s. 201; s. 167(4) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 167(1)-(3)(5)-(e)(14) in force at 24.11.2005 by S.I. 2005/3056, {art. 2(2))}

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