The Licensing Act 2003 (Fees) (Amendment) Regulations 2005

Amendment of Licensing Act 2003 (Fees) Regulations 2005

2.—(1) Regulation 4 (fee to accompany application for grant or variation of premises licence) of the Licensing Act (Fees) Regulations 2005(1) shall be amended as set out below.

(2) For paragraph (2) there shall be substituted the following—

“(2) Subject to paragraphs (4) and, in the case of an application under section 34, (6) and (7), where the application under section 17 or section 34 relates to a premises in Band D or Band E and the premises is used exclusively or primarily for the carrying on on the premises of the supply of alcohol for consumption on the premises, the amount of the fee shall be—

(a) in the case of premises in Band D, two times the amount of the fee applicable for the Band appearing in column 1 of the table in Schedule 2 specified in column 2 of that table, and

(b) in the case of premises in Band E, three times the amount of the fee applicable for that Band appearing in column 1 of the table in Schedule 2 specified in column 2 of that table.”.

(3) In paragraph (3) after “(6)” insert “and (7)”.

(4) In paragraph (4)—

(a) after “paragraph (5)” insert “and, in the case of an application under section 34, (8)”; and

(b) in line four, for “an additional fee” substitute “a fee in addition to any fee determined under paragraphs (2) or (3)”.

(5) At the end insert—

“(7) In respect of an application under section 34 made at the same time as an application under paragraph 2 of Schedule 8 to the Act and which does not relate in any way or to any extent to the supply of alcohol for consumption on the premises to which the application relates, the requirement under paragraph (1) for a fee determined in accordance with paragraphs (2) or (3) of this regulation, as applicable, to accompany the application under section 34 does not apply.

(8) Subject to paragraph (9), in respect of an application under section 34 made at the same time as an application under paragraph 2 of Schedule 8 to the Act, the requirement under paragraph (4) for a fee in addition to any fee determined under paragraphs (2) or (3) to accompany the application under section 34 does not apply.

(9) Paragraph (8) does not apply where the application to vary under section 34 is made in respect of a licence which at the time of the application does not authorise licensable activities to take place on the premises when the maximum number of people allowed on the premises at the same time is 5000 or more and the application seeks a variation of the licence to authorise licensable activities to take place on the premises when the maximum number of persons allowed on the premises at the same time is 5000 or more.”.

(1)

S.I. 2005/79.