Licensing Act 2003

[F1 General provision E+W

Textual Amendments

F1 Ss. 41A-41C and cross-heading inserted (1.7.2009 for certain purposes and 29.7.2009 otherwise) by The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772), art. 2

54 Form etc. of applications and notices under Part 3 E+W

In relation to any application or notice under this Part, regulations may prescribe—

(a) its form;

(b) the manner in which it is to be made or given;

(c) information and documents that must accompany it.

55 Fees E+W

(1) Regulations may—

(a) require applications under any provision of this Part (other than section 51) or notices under section 47 to be accompanied by a fee, and

(b) prescribe the amount of the fee.

[F2 (1A) Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).]

(2) Regulations may also require the holder of a premises licence to pay the relevant licensing authority an annual fee.

(3) Regulations under subsection (2) may include provision prescribing—

(a) the amount of the fee, and

(b) the time at which any such fee is due.

(4) Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority.]

Textual Amendments

F2 S. 55(1A) inserted (31.10.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 139(2), 157(1) (with s. 138); S.I. 2012/2670, art. 2(b)

[F3 55A Suspension of premises licence for failing to pay annual fee E+W

(1) A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(2).

(2) Subsection (1) does not apply if—

(a) either—

(i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or

(ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and

(b) the grace period for payment of the fee has not expired (see subsection (8)).

(3) If a licensing authority suspends a premises licence under subsection (1), the authority must give the holder of the licence a notice to that effect, specifying the day the suspension takes effect.

(4) A day specified in a notice under subsection (3) must be at least two working days after the day the authority gives the notice.

(5) If the holder of the licence pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.

(6) The acknowledgement of receipt under subsection (5) must—

(a) specify the day the authority received the fee (the “receipt day”), and

(b) be given to the holder as soon as is reasonably practicable but in any event—

(i) if the receipt day was a working day, before the end of the first working day after the receipt day,

(ii) otherwise, before the end of the second working day after the receipt day.

(7) A suspension of a premises licence under subsection (1)—

(a) takes effect on the day specified in the notice under subsection (3), and

(b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).

(8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.]

Textual Amendments

F3 S. 55A inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 120(3), 157(1) (with s. 120(6)); S.I. 2012/1129, art. 2(d)

Modifications etc. (not altering text)

C1 S. 55A applied (with modifications) (31.10.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 129(6)(a), 157(1) (with s. 138); S.I. 2012/2670, art. 2(b)