Part 2Licensing

CHAPTER 1Amendments of the Licensing Act 2003

Miscellaneous

I1122Licensing policy statements

1

Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended as set out in subsections (2) to (7).

2

In subsection (1)—

a

for “three” substitute “ five ”, and

b

in paragraph (b) omit “(a “licensing statement”)”.

3

Omit subsection (2).

4

In subsection (3), for “three” substitute “ five ”.

5

In subsection (4)—

a

for “three” substitute “ five ”, and

b

after “policy” insert “ in respect of that period ”.

6

After subsection (6) insert—

6A

Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—

a

determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and

b

publishing a statement of that policy before that date.

6B

Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).

6C

A licensing statement must specify the five year period to which it relates.

7

After subsection (7) insert—

8

In this section—

  • “five year period”, in relation to a licensing authority, means—

    1. a

      if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or

    2. b

      if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;

  • “licensing statement” means a statement published under subsection (1)(b) or (6A)(b).

8

Any policy determined, and any licensing policy statement published, under section 5(1) of the Licensing Act 2003 in respect of the period of three years beginning with 7 January 2011 is, on and after the commencement of this subsection, to be treated for all purposes as if—

a

it had been determined and published under that section (as amended by this section) in respect of the period of five years beginning with 7 January 2011, and

b

it specified the five year period to which it relates.