Part 2 E+WLicensing

CHAPTER 1 E+WAmendments of the Licensing Act 2003

Removing the vicinity test E+W

105 Premises licences: who may make relevant representations E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (9).

(2) In section 13 (authorised persons, interested parties and responsible authorities)—

(a) in the title, omit “, interested parties”,

(b) in subsection (1), omit “ “interested party”,”, and

(c) omit subsection (3).

(3) In section 17(5) (application for premises licence)—

(a) in paragraph (a)(ii), for “interested parties” substitute “ persons who live, or are involved in a business, in the relevant licensing authority's area and who are ”,

(b) after paragraph (a) insert—

“(aa) require the relevant licensing authority to advertise the application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and”

(c) in paragraph (c), for “interested parties and responsible authorities” substitute “ responsible authorities and other persons ”.

(4) In section 18(7) (determination of application for premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(5) In section 31(6) (determination of application for provisional statement)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(6) In section 35(6) (determination of application to vary premises licence)—

(a) in paragraph (a), for “an interested party or responsible authority” substitute “ a responsible authority or other person ”, and

(b) in paragraph (c), for “an interested party (who is not also a responsible authority)” substitute “ a person who is not a responsible authority ”.

(7) In section 41B(2)(b)(ii) (determination of application for minor variation of premises licence), for “an interested party” substitute “ any other person ”.

(8) In section 41D(6) (variation of premises licence: supply of alcohol from community premises), for paragraph (b) substitute—

“(b) subsection (6)(c) were omitted.”.

(9) In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 3”.

(10) In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (1).

(11) The amendments made by this section apply in relation to applications relating to premises licences that are made on or after the commencement of this section.

Commencement Information

I1 S. 105(1)(3) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(a)

I2 S. 105(1)(3) in force at 25.4.2012 in so far as not already in force by S.I. 2012/1129, art. 2(d)

I3 S. 105(2) (4)-(11) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)