Licensing Act 2003

[F1 172J Interim steps pending section 172I decision coming into effect E+W

(1) At the hearing to consider an application for an off-sales review under section 172G, the relevant licensing authority must review any interim steps that have been taken by it under section 172H that have effect on the date of the hearing.

(2) In conducting the review under this section, the relevant licensing authority must—

(a) consider whether the interim steps are appropriate for the promotion of the licensing objectives,

(b) consider any relevant representations, and

(c) determine whether to withdraw or modify the interim steps taken.

(3) In the case of a premises licence to which section 172F(2) applies, the power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—

(a) the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

(b) the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

(c) the suspension, for a period not exceeding three months, of off-sales authorised by virtue of section 172F(2).

(4) In the case of a premises licence to which section 172F(5) applies, the power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—

(a) the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

(b) the addition of one or more new conditions which relate to a section 172F(5) condition.

(5) But the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

(6) Any interim steps taken under subsection (3) or (4) apply until—

(a) the end of the period given for appealing against a decision made under section 172I,

(b) if the decision under section 172I is appealed against, the time the appeal is disposed of, or

(c) the end of a period determined by the relevant licensing authority (which may not be longer than the period of time for which such interim steps could apply under paragraph (a) or (b)).

(7) Any interim steps taken under section 172H in relation to a premises licence cease to have effect when the decision made under section 172I comes into effect.

(8) In subsection (2) “relevant representations” means representations which—

(a) are relevant to one or more of the licensing objectives, and

(b) meet the requirements of subsection (9).

(9) The requirements are—

(a) that the representations are made by the holder of the premises licence, a responsible authority or any other person within the required period,

(b) that they have not been withdrawn, and

(c) if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(10) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(11) In subsection (9)(a), “the required period” has the same meaning as in section 172I(8)(a).]

Textual Amendments

F1 Ss. 172F-172L and cross-heading inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(2), 25(1) (with s. 11(13)) (as amended: (16.9.2021) by S.I. 2021/1049, regs. 1(2), 2(1); (29.9.2022) by S.I. 2022/978, regs. 1(2), 2(2); and (28.9.2023) by S.I. 2023/990, regs. 1(2), 2(2))

Modifications etc. (not altering text)

C1 Ss. 172F-172J modified by S.I. 2020/1374, Sch. 3A para. 13(8) (as inserted (20.12.2020 at 7.00 a.m.) by The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020 (S.I. 2020/1611), regs. 1(2), 2(13))

C2 Ss. 172F-172J modified (temp.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), reg. 1(2), Sch. 2 para. 11(7) (with reg. 21) (as amended (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 2(3) (with reg. 1(4)))