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The Licensing Act 2003 (Fees) Regulations 2005

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PART 1GENERAL

Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Fees) Regulations 2005 and shall come into force on 7th February 2005.

Interpretation

2.—(1) In these Regulations—

the Act” means the Licensing Act 2003;

“college” means a college or similar institution principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19;

“rateable value” as regards a premises, is the value for the time being in force for the premises entered in the local non-domestic rating list for the purposes of Part III of the Local Government Finance Act 1988(1); and

“school” means a school within the meaning of section 4 of the Education Act 1996(2).

(2) For the purposes of these Regulations, a reference to—

(a)a paragraph in a regulation or Schedule, a Schedule or a Part is a reference to the paragraph in that regulation or Schedule, the Schedule or the Part in these Regulations; and

(b)a section shall be construed as a reference to the section in the Act.

Bands for premises

3.—(1) In a case where a premises has a rateable value specified in column 1 of the table in Schedule 1, the premises shall be in the band specified for that rateable value in column 2 of that table.

(2) Except in a case where a premises is in the course of construction, in which case the premises shall be in Band C, in all other cases, the premises shall be in Band A.

(3) For the purposes of this regulation, in a case where the premises forms part only of a hereditament in the local non-domestic rating list for the purposes of Part III of the Local Government Finance Act 1988, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament of which it forms part.

(4) For the purposes of this regulation, in a case where the premises comprises two or more hereditaments in the local non-domestic rating list, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament with the highest rateable value.

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