Modifications etc. (not altering text)
C1Sch. 3 applied (24.7.1996) by City of Westminster Act 1996 (c. viii), s. 3(1)
Sch. 3: functions of local authority not to be the responsibility of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
C2Sch. 3: power to apply with amendments (including the insertion of a new Sch. 3 para. 3A) conferred on a borough council (which has resolved, in accordance with s. 2 of this Act, that Sch. 3 shall apply to their area) by Greater London Council (General Powers) Act 1986 (c. iv), s. 12(1)(4) (coming into force in accordance with s. 12(2)(3)); and in Sch. 3 para. 3A, as applied by a participating council, proviso para. (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1; and in Sch. 3 para. 3A, as applied otherwise, proviso paras. (i)(ii) are substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 85(3) (with ss. 2(3), 15(2), 195, Sch. 8 para. 32); S.I. 2005/3056, art. 2(2)
8E+WSubject to paragraph 12(1) below, the appropriate authority may grant to any applicant, and from time to time renew, a licence under this Schedule for the use of any premises, vehicle, vessel or stall specified in it for a sex establishment on such terms and conditions and subject to such restrictions as may be so specified.
9(1)Subject to paragraphs 11 and 27 below, any licence under this Schedule shall, unless previously cancelled under paragraph 16 or revoked under paragraph 17(1) below, remain in force for one year or for such shorter period specified in the licence as the appropriate authority may think fit.E+W
(2)Where a licence under this Schedule has been granted to any person, the appropriate authority may, if they think fit, transfer that licence to any other person on the application of that other person.
10(1)An application for the grant, renewal or transfer of a licence under this Schedule shall be made in writing to the appropriate authority.E+W
(2)An application made otherwise than by or on behalf of a body corporate or an unincorporated body shall state—
(a)the full name of the applicant;
(b)his permanent address; and
(c)his age.
(3)An application made by a body corporate or an unincorporated body shall state—
(a)the full name of the body;
(b)the address of its registered or principal office; and
(c)the full names and private addresses of the directors or other persons responsible for its management.
(4)An application relating to premises shall state the full address of the premises.
(5)An application relating to a vehicle, vessel or stall shall state where it is to be used as a sex establishment.
(6)Every application shall contain such particulars as the appropriate authority may reasonably require in addition to any particulars required under sub-paragraphs (2) to (5) above.
(7)An applicant for the grant, renewal or transfer of a licence under this Schedule shall give public notice of the application.
(8)Notice shall in all cases be given by publishing an advertisement in a local newspaper circulating in the appropriate authority’s area.
(9)The publication shall not be later than 7 days after the date of the application.
(10)Where the application is in respect of premises, notice of it shall in addition be displayed for 21 days beginning with the date of the application on or near the premises and in a place where the notice can conveniently be read by the public.
(11)Every notice under this paragraph which relates to premises shall identify the premises.
(12)Every such notice which relates to a vehicle, vessel or stall shall specify where it is to be used as a sex establishment.
(13)Subject to sub-paragraphs (11) and (12) above, a notice under this paragraph shall be in such form as the appropriate authority may prescribe.
(14)An applicant for the grant, renewal or transfer of a licence under this Schedule shall, not later than 7 days after the date of the application, send a copy of the application to the chief officer of police.
(15)Any person objecting to an application for the grant, renewal or transfer of a licence under this Schedule shall give notice in writing of his objection to the appropriate authority, stating in general terms the grounds of the objection, not later than 28 days after the date of the application.
(16)Where the appropriate authority receive notice of any objection under sub-paragraph (15) above, the authority shall, before considering the application, give notice in writing of the general terms of the objection to the applicant.
(17)The appropriate authority shall not without the consent of the person making the objection reveal his name or address to the applicant.
(18)In considering any application for the grant, renewal or transfer of a licence the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and any objections of which notice has been sent to them under sub-paragraph (15) above.
(19)The appropriate authority shall give an opportunity of appearing before and of being heard by a committee or sub-committee of the authority—
(a)before refusing to grant a licence, to the applicant;
(b)before refusing to renew a licence, to the holder; and
(c)before refusing to transfer a licence, to the holder and the person to whom he desires that it shall be transferred.
(20)Where the appropriate authority refuse to grant, renew or transfer a licence, they shall, if required to do so by the applicant or holder of the licence, give him a statement in writing of the reasons for their decision within 7 days of his requiring them to do so.
11(1)Where, before the date of expiry of a licence, an application has been made for its renewal, it shall be deemed to remain in force notwithstanding that the date has passed until the withdrawal of the application or its determination by the appropriate authority.E+W
(2)Where, before the date of expiry of a licence, an application has been made for its transfer, it shall be deemed to remain in force with any necessary modifications until the withdrawal of the application or its determination, notwithstanding that the date has passed or that the person to whom the licence is to be transferred if the application is granted is carrying on the business of the sex establishment.