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Licensing Act 2003

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Licensing Act 2003, Cross Heading: Functions of licensing authorities etc. is up to date with all changes known to be in force on or before 08 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Functions of licensing authorities etc.E+W

4General duties of licensing authoritiesE+W

(1)A licensing authority must carry out its functions under this Act (“licensing functions”) with a view to promoting the licensing objectives.

(2)The licensing objectives are—

(a)the prevention of crime and disorder;

(b)public safety;

(c)the prevention of public nuisance; and

(d)the protection of children from harm.

(3)In carrying out its licensing functions, a licensing authority must also have regard to—

(a)its licensing statement published under section 5, and

(b)any guidance issued by the Secretary of State under section 182.

5Statement of licensing policyE+W

(1)Each licensing authority must in respect of each [F1five] year period—

(a)determine its policy with respect to the exercise of its licensing functions, and

(b)publish a statement of that policy F2... before the beginning of the period.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Before determining its policy for a [F4five] year period, a licensing authority must consult—

(a)the chief officer of police for the licensing authority’s area,

(b)the [F5fire and rescue authority] for that area,

[F6(ba)each F7... Local Health Board for an area any part of which is in the licensing authority's area,]

[F8(bb)each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area,]

(c)such persons as the licensing authority considers to be representative of holders of premises licences issued by that authority,

(d)such persons as the licensing authority considers to be representative of holders of club premises certificates issued by that authority,

(e)such persons as the licensing authority considers to be representative of holders of personal licences issued by that authority, and

(f)such other persons as the licensing authority considers to be representative of businesses and residents in its area.

(4)During each [F9five] year period, a licensing authority must keep its policy [F10in respect of that period] under review and make such revisions to it, at such times, as it considers appropriate.

(5)Subsection (3) applies in relation to any revision of an authority’s policy as it applies in relation to the original determination of that policy.

(6)Where revisions are made, the licensing authority must publish a statement of the revisions or the revised licensing statement.

[F11(6A)Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—

(a)determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and

(b)publishing a statement of that policy before that date.

(6B)Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).

(6C)A licensing statement must specify the five year period to which it relates.]

[F12(6D)In determining or revising its policy, a licensing authority must have regard to any cumulative impact assessments published by it under section 5A.

(6E)A licensing statement must—

(a)summarise any cumulative impact assessments published by the licensing authority under section 5A, and

(b)explain how the licensing authority has discharged its duty under subsection (6D).]

(7)Regulations may make provision about the determination and revision of policies, and the preparation and publication of licensing statements, under this section.

[F13(8)In this section—

  • five year period”, in relation to a licensing authority, means—

    (a)

    if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or

    (b)

    if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;

  • licensing statement” means a statement published under subsection (1)(b) or (6A)(b).]

Textual Amendments

F5Words in s. 5(3)(b) substituted (7.9.2004 for E. for certain purposes and 1.10.2004 otherwise and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 98(2)(3)(b); S.I. 2004/2304, art. 2(1){(2)}; S.I. 2004/2917, art. 2

F7Words in s. 5(3)(ba) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 112(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12S. 5(6D)(6E) inserted (31.1.2017 for specified purposes, 6.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 141(2), 183(1)(5)(e); S.I. 2018/456, reg. 2

[F145ACumulative impact assessmentsE+W

(1)A licensing authority may publish a document (“a cumulative impact assessment”) stating that the licensing authority considers that the number of relevant authorisations in respect of premises in one or more parts of its area described in the assessment is such that it is likely that it would be inconsistent with the authority's duty under section 4(1) to grant any further relevant authorisations in respect of premises in that part or those parts.

(2)A cumulative impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1).

(3)For the purposes of this section, “relevant authorisations” means—

(a)premises licences;

(b)club premises certificates.

(4)A cumulative impact assessment may relate to all relevant authorisations or only to relevant authorisations of a kind described in the assessment.

(5)Before publishing a cumulative impact assessment, the licensing authority must consult the persons mentioned in section 5(3).

(6)For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 5(3) with the following information—

(a)the reasons why it is considering publishing a cumulative impact assessment;

(b)a general indication of the part or parts of its area which it is considering describing in the assessment;

(c)whether it considers that the assessment will relate to all relevant authorisations or only to relevant authorisations of a particular kind.

(7)Where a licensing authority publishes a cumulative impact assessment, it must, before the end of each relevant period, consider whether it remains of the opinion stated in the assessment.

(8)Before deciding whether it remains of that opinion, the licensing authority must consult the persons mentioned in section 5(3).

(9)If the licensing authority is no longer of that opinion—

(a)it must publish a statement to that effect, and

(b)the duties in section 5(6D) and (6E) and subsection (7) of this section cease to apply in relation to the assessment.

(10)If the licensing authority remains of that opinion, it must revise the cumulative impact assessment so that it—

(a)includes a statement to that effect, and

(b)sets out the evidence as to why the authority remains of that opinion.

(11)A licensing authority must publish any revision of a cumulative impact assessment.

(12)In subsection (7), “relevant period” means the period of three years beginning with the publication of the cumulative impact assessment or a revision of the cumulative impact assessment.]

Textual Amendments

F14S. 5A inserted (31.1.2017 for specified purposes, 6.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 141(3), 183(1)(5)(e); S.I. 2018/456, reg. 2

6Licensing committeesE+W

(1)Each licensing authority must establish a licensing committee consisting of at least ten, but not more than fifteen, members of the authority.

(2)This section does not apply in relation to the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

7Exercise and delegation of functionsE+W

(1)All matters relating to the discharge by a licensing authority of its licensing functions are, by virtue of this subsection, referred to its licensing committee and, accordingly, that committee must discharge those functions on behalf of the authority.

(2)Subsection (1) does not apply to—

(a)any function conferred on the licensing authority by section 5 (statement of licensing policy),

[F15(aa)the functions of making, and varying or revoking, an order under section 172A (early morning alcohol restriction order),] or

(b)any function discharged under subsection (5)(a) below by a committee (other than a licensing committee),

or any matter relating to the discharge of any such function.

(3)A licensing authority may arrange for the discharge by its licensing committee of any function of the authority which—

(a)relates to a matter referred to that committee by virtue of subsection (1), but

(b)is not a licensing function.

(4)Where the licensing authority does not make arrangements under subsection (3) in respect of any such function, it must (unless the matter is urgent) consider a report of its licensing committee with respect to the matter before discharging the function.

(5)Where a matter relates to a licensing function of a licensing authority and to a function of the authority which is not a licensing function (“the other function”), the authority may—

(a)refer the matter to another of its committees and arrange for the discharge of the licensing function by that committee, or

(b)refer the matter to its licensing committee (to the extent it is not already so referred under subsection (1)) and arrange for the discharge of the other function by the licensing committee.

(6)In a case where an authority exercises its power under subsection (5)(a), the committee to which the matter is referred must (unless the matter is urgent) consider a report of the authority’s licensing committee with respect to the matter before discharging the function concerned.

(7)Before exercising its power under subsection (5)(b), an authority must consult its licensing committee.

(8)In a case where an authority exercises its power under subsection (5)(b), its licensing committee must (unless the matter is urgent) consider any report of any of the authority’s other committees with respect to the matter before discharging the function concerned.

(9)Where a licensing committee is unable to discharge any function delegated to it in accordance with this section because of the number of its members who are unable to take part in the consideration or discussion of any matter or vote on any question with respect to it, the committee must refer the matter back to the licensing authority and the authority must discharge that function.

(10)This section does not apply in relation to the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

Textual Amendments

Modifications etc. (not altering text)

C1S. 7(9) applied (21.5.2007) by Gambling Act 2005 (c. 19), ss. 154(3), 358 (with ss. 352, 354); S.I. 2006/3272, art. 2(2), Sch. 2 (with savings and transitional provisions in Sch. 4) (as amended by S.I. 2007/1157)

C2S. 7(9) applied (1.12.2007) by Gambling Act 2005 (c. 19), ss. 232(2), 358 (with ss. 352, 354); S.I. 2007/3155, art. 2

8Requirement to keep a registerE+W

(1)Each licensing authority must keep a register containing—

(a)a record of each premises licence, club premises certificate and personal licence issued by it,

(b)a record of each temporary event notice received by it,

[F16(ba)an entry noting that the provisions of section 172F may have an impact on the conditions of, and activities authorised by, a premises licence during the relevant period (within the meaning of section 172F),]

(c)the matters mentioned in Schedule 3, and

(d)such other information as may be prescribed.

(2)Regulations may require a register kept under this section to be in a prescribed form and kept in a prescribed manner.

(3)Each licensing authority must provide facilities for making the information contained in the entries in its register available for inspection (in a legible form) by any person during office hours and without payment.

(4)If requested to do so by any person, a licensing authority must supply him with a copy of the information contained in any entry in its register in legible form.

(5)A licensing authority may charge such reasonable fee as it may determine in respect of any copy supplied under subsection (4).

(6)The Secretary of State may arrange for the duties conferred on licensing authorities by this section to be discharged by means of one or more central registers kept by a person appointed pursuant to the arrangements.

(7)The Secretary of State may require licensing authorities to participate in and contribute towards the cost of any arrangements made under subsection (6).

Textual Amendments

F16S. 8(1)(ba) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(3), 25(1) (with s. 11(13))

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