Part 2Licensing bodies and officers

Licensing Boards

7Duty to assess overprovision

1

Each licensing policy statement published by a Licensing Board must, in particular, include a statement as to the extent to which the Board considers there to be overprovision of—

a

licensed premises, or

b

licensed premises of a particular description,

in any locality within the Board’s area.

2

It is for the Licensing Board to determine the “localities” within the Board’s area for the purposes of this Act.

3

In considering whether there is overprovision for the purposes of subsection (1) in any locality, the Board must—

a

have regard to the number and capacity of licensed premises in the locality, and

b

consult the persons specified in subsection (4).

4

Those persons are—

a

the appropriate chief constable,

b

such persons as appear to the Board to be representative of the interests of—

i

holders of premises licences in respect of premises within the locality,

ii

persons resident in the locality, and

c

such other persons as the Board thinks fit.

5

In this section, references to “licensed premises” do not include references to any premises in respect of which an occasional licence has effect.