Section 154: Delegation to licensing committee
417.With respect to England and Wales, this section provides that, with three exceptions, the functions of licensing authorities under Part 8 are delegated to the licensing committees established under section 6 of the Licensing Act 2003 (c.17). The three exceptions are:
Functions relating to resolutions by the licensing authority not to issue casino licences under section 166;
Formulation of the three year licensing policy under section 349; and
Determination of premises licence fees under section 212.
The first two matters are not, and cannot be, delegated to a licensing committee, and must be taken by the authority as a whole. Decisions on fees are not automatically delegated, but can be.
418.Section 10(4) of the Licensing Act 2003 limits the matters that may be delegated to an officer of the authority. In relation to gambling functions, undersubsection (4) the matters that may not be delegated to an officer are:
Determination of an application for a premises licence or a provisional statement in respect of which representations have been made under section 161 and have not been withdrawn;
Determination of an application for of a premises licence in respect of which representations have been made under section 161 by virtue of section 187 and not withdrawn; or of an application for transfer of a licence following representations by the Commission;
Review of a premises licence.
