The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005

PART 5 LICENSING AUTHORITIES—MISCELLANEOUS

Validity of premises licences and club premises certificates

30.  A relevant licensing authority may not grant a premises licence or club premises certificate to have effect before the second appointed day.

Frivolous, vexatious or repetitious representations

31.  Where the relevant licensing authority notifies the person who made the representations that the representations are frivolous, vexatious or a repetition as the case requires, that notification shall be given in writing to the person who made the representations and as soon as is reasonably practicable and in any event before the determination of the application to which the representations relate.

Notification that any ground for review is frivolous, vexatious or a repetition

32.  Where the relevant licensing authority rejects a ground for a review under section 51(4)(b) or section 87(4)(b) it shall give notification in writing as soon as is reasonably practicable to the person making the application for a review.

Form of premises licence and summary

33.  A premises licence shall—

(a) include an identifier for the relevant licensing authority;

(b) include a number that is unique to the licence; and

(c) be in the form and shall contain the information set out in Part A of Schedule 12.

34.  A summary of a premises licence shall—

(a) include the identifier for the relevant licensing authority;

(b) include the licence number referred to in regulation 33; and

(c) be in the form and shall contain the information set out in Part B of Schedule 12, printed on paper of a size equal to or larger than A4.

Form of club premises certificate and summary

35.  A club premises certificate shall—

(a) include an identifier for the relevant licensing authority;

(b) include a number that is unique to the certificate; and

(c) be in the form and shall contain the information set out in Part A of Schedule 13.

36.  A summary of a club premises certificate shall—

(a) include the identifier for the relevant licensing authority;

(b) include the certificate number referred to in regulation 35; and

(c) be in the form and shall contain the information set out in Part B of Schedule 13, printed on paper of a size equal to or larger than A4.

Review of premises licence following closure order

37.  In the case of a review of a premises licence under section 167 (review of premises licence following a closure order), within the period of one working day starting on the day after the day on which the relevant licensing authority received the notice under section 165(4) from the magistrates' court, the relevant licensing authority shall give to the holder of the premises licence and each responsible authority notice in writing of—

(a) the review;

(b) the dates between which interested parties and responsible authorities may make representations relating to the review to the relevant licensing authority;

(c) the closure order and any extension of it; and

(d) any order made in relation to it under section 165(2).

Advertisement of review by licensing authority

38.—(1) Subject to the provisions of this regulation and regulation 39, the relevant licensing authority shall advertise an application for the review of a premises licence under section 51(3), of a club premises certificate under section 87(3) or of a premises licence following a closure order under section 167—

(a) by displaying prominently a notice—

(i) which is—

(aa) of a size equal or larger than A4;

(bb) of a pale blue colour; and

(cc) printed legibly in black ink or typed in black in a font of a size equal to or larger than 16;

(ii) at, on or near the site of the premises to which the application relates where it can conveniently be read from the exterior of the premises by the public and in the case of a premises covering an area of more than 50 metres square, one further notice in the same form and subject to the same requirements shall be displayed every 50 metres along the external perimeter of the premises abutting any highway; and

(iii) at the offices, or the main offices, of the licensing authority in a central and conspicuous place; and

(b) in a case where the relevant licensing authority maintains a website for the purpose of advertisement of applications given to it, by publication of a notice on that website;

(2) the requirements set out in paragraph (1) shall be fulfilled—

(i) in the case of a review of a premises licence following a closure order under section 167, for a period of no less than seven consecutive days starting on the day after the day on which the relevant licensing authority received the notice under section 165(4); and

(ii) in all other cases, for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority.

39.  All notices referred to in regulation 38 shall state—

(a) the address of the premises about which an application for a review has been made,

(b) the dates between which interested parties and responsible authorities may make representations to the relevant licensing authority,

(c) the grounds of the application for review,

(d) the postal address and, where relevant, the worldwide web address where the register of the relevant licensing authority is kept and where and when the grounds for the review may be inspected; and

(e) that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

Provision of forms, notices and applications

40.  The relevant licensing authority—

(a) must provide on request the forms listed in the Schedules printed on paper; or

(b) in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website.

Validity of forms, notices and application

41.  A relevant licensing authority shall not reject any application or notice by reason only of the fact that it is given on a form provided otherwise than from the relevant licensing authority but which complies with the requirements of these Regulations.

Acknowledgement of notification of an interest

42.  The relevant licensing authority shall as soon as reasonably practicable on receipt of a notification to it under section 178 acknowledge its receipt by returning a copy of the notification to the notifier duly endorsed.