- Latest available (Revised)
- Original (As enacted)
Licensing Act 2003, Section 72 is up to date with all changes known to be in force on or before 21 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies where the relevant licensing authority—
(a)receives an application for a club premises certificate made in accordance with section 71, and
(b)is satisfied that the applicant has complied with any requirement imposed on the applicant under subsection (6) of that section.
(2)Subject to subsection (3), the authority must grant the certificate in accordance with the application subject only to—
(a)such conditions as are consistent with the club operating schedule accompanying the application, and
(b)any conditions which must under section 73(2) to (5) [F1, 73A] or 74 be included in the certificate.
(3)Where relevant representations are made, the authority must—
(a)hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and
(b)having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers [F2appropriate] for the promotion of the licensing objectives.
(4)The steps are—
(a)to grant the certificate subject to—
(i)the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers [F3appropriate] for the promotion of the licensing objectives, and
(ii)any conditions which must under section 73(2) to (5) [F1, 73A] or 74 be included in the certificate;
(b)to exclude from the scope of the certificate any of the qualifying club activities to which the application relates;
(c)to reject the application.
(5)Subsections (2) and (3)(b) are subject to section 73(1) (certificate may authorise off-supplies only if it authorises on-supplies).
(6)For the purposes of subsection (4)(a)(4)(a) the conditions mentioned in subsection (2)(a) are modified if any of them is altered or omitted or any new condition is added.
(7)For the purposes of this section, “relevant representations” means representations which—
(a)are about the likely effect of the grant of the certificate on the promotion of the licensing objectives, and
(b)meet the requirements of subsection (8).
(8)The requirements are—
(a)that the representations were made by [F4a responsible authority or other person] within the period prescribed under section 71(6)(c),
(b)that they have not been withdrawn, and
(c)in the case of representations made by [F5a person who is not a responsible authority], that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(9)Where the authority determines for the purposes of subsection (8)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.
(10)In discharging its duty under subsection (2) or (3)(b) a licensing authority may grant a club premises certificate subject to different conditions in respect of—
(a)different parts of the premises concerned;
(b)different qualifying club activities.
Textual Amendments
F1Words in s. 72(2)(b)(4)(a)(ii) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 38; S.I. 2010/125, art. 2(t)
F2Word in s. 72(3)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 110(2)(a), 157(1) (with s. 110(6)); S.I. 2012/1129, art. 2(d)
F3Word in s. 72(4)(a)(i) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 110(2)(b), 157(1) (with s. 110(6)); S.I. 2012/1129, art. 2(d)
F4Words in s. 72(8)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 107(4)(a), 157(1) (with s. 107(9)); S.I. 2012/1129, art. 2(d)
F5Words in s. 72(8)(c) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 107(4)(b), 157(1) (with s. 107(9)); S.I. 2012/1129, art. 2(d)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: