22.—(1) This article applies in any case where during the transitional period a Board is considering whether the ground of refusal specified in paragraph (e) of section 23(5) of the 2005 Act applies.
(2) In considering whether that ground applies, the Board is to have regard to the number and capacity of–
(a)relevant licensed premises; or
(b)relevant licensed premises of the same or similar description as the subject premises,
in the locality in which the subject premises are situated.
(3) In paragraph (2), “relevant licensed premises” means–
(a)premises in respect of which a licence under Part II or III of the 1976 Act (other than an occasional licence) is in effect (other than such premises in relation to which an application under section 20 of the 2005 Act has been refused); and
(b)premises which do not fall within sub paragraph (a) but in respect of which a premises licence has been issued under the 2005 Act (other than premises specified in section 125(1) of that Act).