Part 2 E+WLicensing

CHAPTER 1 E+WAmendments of the Licensing Act 2003

Removing the vicinity test E+W

107 Club premises certificates: who may make relevant representations E+W

(1) The Licensing Act 2003 is amended as set out in subsections (2) to (7).

(2) In section 69 (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 71(6) (application for club premises certificate)—

(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 72(8) (determination of application for club premises certificate)—

(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 85(6) (determination of application to vary club premises certificate)—

(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 86B(2)(b)(ii) (determination of application for minor variation of club premises certificate), for “an interested party” substitute “ any other person ”.

(7) In section 194 (index of defined expressions), omit the entry for the expression “interested party, in Part 4”.

(8) In section 33 of the Policing and Crime Act 2009 (individual members of licensing authorities to be interested parties), omit subsection (2).

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

Commencement Information

I1 S. 107(1)(3) in force at 22.3.2012 for specified purposes by S.I. 2012/896, art. 2(c)

I2 S. 107(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. 107(2) (4)-(9) in force at 25.4.2012 by S.I. 2012/1129, art. 2(d)