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Licensing Act 2003

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Changes over time for: Cross Heading: Provisional statement

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Licensing Act 2003, Cross Heading: Provisional statement 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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Provisional statementE+W

29Application for a provisional statement where premises being built, etc.E+W

(1)This section applies to premises which—

(a)are being or are about to be constructed for the purpose of being used for one or more licensable activities, or

(b)are being or are about to be extended or otherwise altered for that purpose (whether or not they are already being used for that purpose).

(2)A person may apply to the relevant licensing authority for a provisional statement if—

(a)he is interested in the premises, and

(b)where he is an individual, he is aged 18 or over.

(3)In this Act “provisional statement” means a statement issued under section 31(2) or (3)(c).

(4)Subsection (2) is subject to regulations under—

(a)section 54 (form etc. of applications etc.);

(b)section 55 (fees to accompany applications etc.).

(5)An application under this section must also be accompanied by a schedule of works.

(6)A schedule of works is a document in the prescribed form which includes—

(a)a statement made by or on behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are to be used,

(b)plans of the work being or about to be done at the premises, and

(c)such other information as may be prescribed.

(7)For the purposes of this Part, in relation to any premises in respect of which an application for a provisional statement has been made, references to the work being satisfactorily completed are to work at the premises being completed in a manner which substantially complies with the schedule of works accompanying the application.

Commencement Information

I1S. 29(6) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 29 otherwise in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

30Advertisement of application for provisional statementE+W

(1)This section applies where an application is made under section 29.

(2)The duty to make regulations imposed on the Secretary of State by section 17(5) (advertisement etc. of application) applies in relation to an application under section 29 as it applies in relation to an application under section 17.

(3)Regulations made under section 17(5)(a) by virtue of subsection (2) may, in particular, require advertisements to contain a statement in the prescribed form describing the effect of section 32 (restriction on representations following issue of a provisional statement).

31Determination of application for provisional statementE+W

(1)This section applies where the relevant licensing authority—

(a)receives a provisional statement application, and

(b)is satisfied that the applicant has complied with any requirement imposed on him by virtue of section 30.

(2)Where no relevant representations are made, the authority must issue the applicant with a statement to that effect.

(3)Where relevant representations are made, the authority must—

(a)hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary,

(b)determine whether, on the basis of those representations and the provisional statement application, it would consider it [F1appropriate] to take any steps under section 18(3)(b) if, on the work being satisfactorily completed, it had to decide whether to grant a premises licence in the form described in the provisional statement application, and

(c)issue the applicant with a statement which—

(i)gives details of that determination, and

(ii)states the authority’s reasons for its decision as to the steps (if any) that it would be [F2appropriate] to take under section 18(3)(b).

(4)The licensing authority must give a copy of the provisional statement to—

(a)each person who made relevant representations, and

(b)the chief officer of police for each police area in which the premises are situated.

(5)In this section “relevant representations” means representations—

(a)which are about the likely effect on the licensing objectives of the grant of a premises licence in the form described in the provisional statement application, if the work at the premises was satisfactorily completed, and

(b)which meet the requirements of subsection (6).

(6)The requirements are—

(a)that the representations are made by [F3a responsible authority or other person] within the period prescribed under section 17(5)(c) by virtue of section 30,

(b)that the representations have not been withdrawn, and

(c)in the case of representations made by [F4a person who is not a responsible authority] , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(7)Where the authority determines for the purposes of subsection (6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

(8)In this section “provisional statement application” means an application made in accordance with section 29.

Textual Amendments

Commencement Information

I2S. 31(6)(a) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 31(1)-(5)(6)(b)(c)(7)(8) in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

32Restriction on representations following provisional statementE+W

(1)This section applies where a provisional statement has been issued in respect of any premises (“the relevant premises”) and a person subsequently applies for a premises licence in respect of—

(a)the relevant premises or a part of them, or

(b)premises that are substantially the same as the relevant premises or a part of them.

(2)Where—

(a)the application for the premises licence is an application for a licence in the same form as the licence described in the application for the provisional statement, and

(b)the work described in the schedule of works accompanying the application for that statement has been satisfactorily completed,

representations made by a person (“the relevant person”) in respect of the application for the premises licence are excluded representations for the purposes of section 18(6)(d) if subsection (3) applies.

(3)This subsection applies if—

(a)given the information provided in the application for the provisional statement, the relevant person could have made the same, or substantially the same, representations about that application but failed to do so, without reasonable excuse, and

(b)there has been no material change in circumstances relating either to the relevant premises or to the area in the vicinity of those premises since the provisional statement was made.

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