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Licensing Act 2003

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Licensing Act 2003, Cross Heading: Grant ... of licences is up to date with all changes known to be in force on or before 13 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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F1Grant ... of licencesE+W

Textual Amendments

F1Words in s. 117 cross-heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 4(1) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

117Application for grant F2... of personal licenceE+W

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An application [F4by an individual] for the grant of a personal licence—

(a)must, if the applicant is ordinarily resident in the area of a licensing authority, be made to that authority, and

(b)may, in any other case, be made to any licensing authority.

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subsection (1) is subject to regulations under section 133 (form etc. of applications and notices under this Part).

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in s. 117 heading heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 4(2) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

118Individual permitted to hold only one personal licenceE+W

(1)An individual who makes an application for the grant of a personal licence under section 117 (“the initial application”) may not make another such application until the initial application has been determined by the licensing authority to which it was made or has been withdrawn.

(2)A personal licence is void if, at the time it is granted, the individual to whom it is granted already holds a personal licence.

F8119Licence continued pending renewalE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

120Determination of application for grantE+W

(1)This section applies where an application for the grant of a personal licence is made to a licensing authority in accordance with section 117.

(2)The authority must grant the licence if it appears to it that—

(a)the applicant is aged 18 or over,

[F9(aa)he is entitled to work in the United Kingdom,]

(b)he possesses a licensing qualification or is a person of a prescribed description,

(c)no personal licence held by him has been forfeited in the period of five years ending with the day the application was made, and

(d)he has not been convicted of any relevant offence or any foreign offence [F10or required to pay an immigration penalty].

(3)The authority must reject the application if it appears to it that the applicant fails to meet the condition in [F11any of paragraphs (a) to (c)] of subsection (2).

(4)If it appears to the authority that the applicant meets the conditions in paragraphs [F12(a) to (c)] of that subsection but fails to meet the condition in paragraph (d) of that subsection, the authority must give the chief officer of police for its area a notice to that effect.

(5)Where, having regard to—

(a)any conviction of the applicant for a relevant offence, F13...

(b)any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence, [F14and

(c)the applicant having been required to pay any immigration penalty,]

the chief officer of police is satisfied that granting the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (4), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

[F15(5A)If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been—

(a)convicted of an immigration offence,

(b)convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or

(c)required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(5B)Where, having regard to—

(a)any conviction of the applicant for an immigration offence,

(b)any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and

(c)the applicant having been required to pay any immigration penalty,

the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).]

(6)Where no objection notice [F16or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn,], the authority must grant the application.

(7)[F17Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn,] the authority—

(a)must hold a hearing to consider the F18... notice, unless the applicant, the [F19person who gave the notice] and the authority agree that it is unnecessary, and

[F20(b)having regard to the notice, must—

(i)where the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.]

[F21(7A)An application that is not rejected by the authority under subsection (7)(b) must be granted by it.]

(8)In this section “licensing qualification” means—

(a)a qualification—

(i)accredited at the time of its award, and

(ii)awarded by a body accredited at that time,

(b)a qualification awarded before the coming into force of this section which the Secretary of State certifies is to be treated for the purposes of this section as if it were a qualification within paragraph (a), or

(c)a qualification obtained in Scotland or Northern Ireland or in an EEA State (other than the United Kingdom) which is equivalent to a qualification within paragraph (a) or (b).

(9)For this purpose—

  • accredited” means accredited by the Secretary of State; and

  • EEA State” means a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.

Textual Amendments

F13Word in s. 120(5)(a) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 15(5)(a) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

F14S. 120(5)(c) and preceding word inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 15(5)(b) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

F18Word in s. 120(7)(a) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 15(8)(b)(i) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

Commencement Information

I1S. 120(2)(b) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 120 in force otherwise at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

F22121Determination of application for renewalE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

122Notification of determinationsE+W

(1)Where a licensing authority grants an application—

(a)it must give the applicant and the chief officer of police for its area a notice to that effect, and

(b)if the chief officer of police gave an objection notice [F23or the Secretary of State gave an immigration objection notice] (which [F24, in either case,] was not withdrawn), the notice under paragraph (a) must contain a statement of the licensing authority’s reasons for granting the application.

(2)A licensing authority which rejects an application must give the applicant and the chief officer of police for its area a notice to that effect containing a statement of the authority’s reasons for rejecting the application.

[F25(2A)Where the Secretary of State gave an immigration objection notice (which was not withdrawn) the notice under subsection (1)(a) or (2), as the case may be, must also be given to the Secretary of State.]

(3)In this section—

  • application” means an application for the grant F26... of a personal licence; and

  • objection notice[F27and “immigration objection notice” have] the meaning given in section 120 F28....

123Duty to notify licensing authority of convictions [F29etc] during application periodE+W

(1)Where an applicant for the grant F30... of a personal licence is convicted of a relevant offence or a foreign offence during the application period[F31, or is required to pay an immigration penalty during that period], he must as soon as reasonably practicable notify the conviction [F32or the requirement to pay (as the case may be)] to the authority to which the application is made.

(2)A person commits an offence if he fails, without reasonable excuse, to comply with subsection (1).

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)In this section “the application period” means the period that—

(a)begins when the application for grant F33... is made, and

(b)ends when the application is determined or withdrawn.

Textual Amendments

F29Word in s. 123 heading inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 17(2); S.I. 2017/380, reg. 2(b)

F30Words in s. 123(1) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 8 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F33Words in s. 123(4)(a) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 8 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

124Convictions coming to light after grant F34...E+W

(1)This section applies where, after a licensing authority has granted F35... a personal licence, it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of a personal licence [F36(“the licence holder”)] was convicted during the application period of any relevant offence or foreign offence [F37or was required during that period to pay an immigration penalty].

(2)The licensing authority must give a notice to that effect to the chief officer of police for its area.

(3)Where, having regard to—

(a)any conviction of the [F38licence holder] for a relevant offence [F39which occurred before the end of the application period,]

(b)any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence [F40and which occurred before the end of the application period], [F41and

(c)the licence holder having been required before the end of the application period to pay any immigration penalty,]

F42... the chief officer of police is satisfied that continuation of the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (2), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

[F43(3A)Where the licence holder was (during the application period)—

(a)convicted of an immigration offence,

(b)convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or

(c)required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(3B)Where, having regard to—

(a)any conviction of the licence holder for an immigration offence which occurred before the end of the application period,

(b)any conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, and

(c)the licence holder having been required before the end of the application period to pay any immigration penalty,

the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).]

(4)Where an objection notice [F44or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be,] (and not withdrawn), the authority—

(a)must hold a hearing to consider the F45... notice, unless the [F46licence holder, the person who gave the notice] and the authority agree it is unnecessary, and

(b)having regard to the notice, must [F47

(i)where the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.]

(5)Where the authority revokes or decides not to revoke a licence under subsection (4) it must notify the offender and the chief officer of police of the decision and its reasons for making it.

[F48(5A)Where the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.]

(6)A decision under this section does not have effect—

(a)until the end of the period given for appealing against the decision, or

(b)if the decision is appealed against, until the appeal is disposed of.

(7)In this section “application period”, in relation to the grant F49... of a personal licence, means the period that—

(a)begins when the application for the grant F49... is made, and

(b)ends at the time of the grant F49....

Textual Amendments

F34Words in s. 124 heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(2) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F35Words in s. 124(1) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(3) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F41S. 124(3)(c) and preceding word inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(3)(c); S.I. 2017/380, reg. 2(b)

F42Words in s. 124(3) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(3)(d); S.I. 2017/380, reg. 2(b)

F45Word in s. 124(4)(a) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(5)(b)(i); S.I. 2017/380, reg. 2(b)

F47Words in s. 124(4)(b) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(5)(c); S.I. 2017/380, reg. 2(b)

F49Words in s. 124(7) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 9(4) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

125Form of personal licenceE+W

(1)Where a licensing authority grants a personal licence, it must forthwith issue the applicant with the licence.

(2)The licence must—

(a)specify the holder’s name and address, and

(b)identify the licensing authority which granted it.

(3)It must also contain a record [F50of—

(a)each] relevant offence and each foreign offence of which the holder has been convicted, the date of each conviction and the sentence imposed in respect of it,

[F51(b)each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.]

(4)Subject to subsections (2) and (3), the licence must be in the prescribed form.

Textual Amendments

F50Words in s. 125(3) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 19(2); S.I. 2017/380, reg. 2(b)

Commencement Information

I2S. 125(4) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 125(1)-(3) in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

126Theft, loss, etc. of personal licenceE+W

(1)Where a personal licence is lost, stolen, damaged or destroyed, the holder of the licence may apply to the relevant licensing authority for a copy of the licence.

(2)Subsection (1) is subject to regulations under section 133(2) (power to prescribe fee to accompany application).

(3)Where the relevant licensing authority receives an application under this section, it must issue the licence holder with a copy of the licence (certified by the authority to be a true copy) if it is satisfied that—

(a)the licence has been lost, stolen, damaged or destroyed, F52...

F52(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The copy issued under this section must be a copy of the licence in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.

(5)This Act applies in relation to a copy issued under this section as it applies in relation to an original licence.

Textual Amendments

F52S. 126(3)(b) and preceding word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 72(d), 115(7); S.I. 2015/994, art. 6(j)

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