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Licensing Act 2003

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Licensing Act 2003, Cross Heading: Closure of identified premises 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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Closure of identified premisesE+W

F1161Closure orders for identified premisesE+W

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Textual Amendments

F1Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F1162Extension of closure orderE+W

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Textual Amendments

F1Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F1163Cancellation of closure orderE+W

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Textual Amendments

F1Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F1164Application to magistrates' court by policeE+W

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Textual Amendments

F1Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F1165Consideration of closure order by magistrates' courtE+W

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

Textual Amendments

F1Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F1166Appeal from decision of magistrates' courtE+W

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

Textual Amendments

F1Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

167Review of premises licence following closure orderE+W

(1)This section applies where—

(a)[F2a magistrates' court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act,] in relation to premises in respect of which a premises licence has effect, and

(b)the relevant licensing authority has [F3accordingly received a notice under section 80(9) or 84(7) of that Act].

[F4(1A)This section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule.]

(2)The relevant licensing authority must review the premises licence.

(3)The authority must reach a determination on the review no later than 28 days after the day on which it receives the notice mentioned in subsection (1)(b).

(4)The Secretary of State must by regulations—

(a)require the relevant licensing authority to give, to the holder of the premises licence and each responsible authority, notice of [F5the review and of the order mentioned in subsection (1)(a)];

(b)require the authority to advertise the review and invite representations about it to be made to the authority by responsible authorities and [F6other persons];

(c)prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any [F7other person];

(d)require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

(5)The relevant licensing authority must—

(a)hold a hearing to consider [F8the order mentioned in subsection (1)(a) and any relevant representations;]

(b)take such of the steps mentioned in subsection (6) (if any) as it considers [F9appropriate] for the promotion of the licensing objectives.

(6)Those steps are—

(a)to modify the conditions of the premises licence,

(b)to exclude a licensable activity from the scope of the licence,

(c)to remove the designated premises supervisor from the licence,

(d)to suspend the licence for a period not exceeding three months, or

(e)to revoke the licence;

and for this purpose the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(7)Subsection (5)(b) is subject to sections [F1019 to 21] (requirement to include certain conditions in premises licences).

(8)Where the authority takes a step within subsection (6)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

(9)In this section “relevant representations” means representations which—

(a)are relevant to one or more of the licensing objectives, and

(b)meet the requirements of subsection (10).

(10)The requirements are—

(a)that the representations are made by the holder of the premises licence, a responsible authority or [F11any other person] within the period prescribed under subsection (4)(c),

(b)that they have not been withdrawn, and

(c)if they are made by [F12a person who is not a responsible authority], that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(11)Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(12)Where a licensing authority determines a review under this section it must notify the determination and its reasons for making it to—

(a)the holder of the licence,

(b)any person who made relevant representations, and

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

(13)Section 168 makes provision about when the determination takes effect.

(14)In this section [F13“responsible authority” has] the same meaning as in Part 3.

Textual Amendments

F2Words in s. 167(1)(a) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F3Words in s. 167(1)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F5Words in s. 167(4)(a) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F6Words in s. 167(4)(b) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(a), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F7Words in s. 167(4)(c) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(b), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F8Words in s. 167(5)(a) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F11Words in s. 167(10)(a) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(c), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F12Words in s. 167(10)(c) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(d), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F13Words in s. 167(14) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(e), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

Commencement Information

I1S. 167(4) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 167 otherwise in force at 24.11.2005 by S.I. 2005/3056, art. 2(2)

168Provision about decisions under section 167E+W

(1)Subject to this section, a decision under section 167 does not have effect until the relevant time.

(2)In this section “the relevant time”, in relation to any decision, means—

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

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

(3)Subsections (4) and (5) apply where—

(a)the relevant licensing authority decides on a review under section 167 to take one or more of the steps mentioned in subsection (6)(a) to (d) of that section, and

(b)the premises to which the licence relates [F14are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014].

(4)The decision by the relevant licensing authority to take any of the steps mentioned in section 167(6)(a) to (d) takes effect when it is notified to the holder of the licence under section 167(12).

This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of magistrates' court to suspend decision pending appeal).

(5)The relevant licensing authority may, on such terms as it thinks fit, suspend the operation of that decision (in whole or in part) until the relevant time.

(6)Subsection (7) applies where—

(a)the relevant licensing authority decides on a review under section 167 to revoke the premises licence, and

(b)the premises to which the licence relates [F15are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014].

(7)The premises must remain closed (but the licence otherwise in force) until the relevant time.

This is subject to paragraph 18(4) of Schedule 5 (power of magistrates' court to modify closure order pending appeal).

(8)A person commits an offence if, without reasonable excuse, he allows premises to be open in contravention of subsection (7).

(9)A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months or to [F16a fine], or to both.

Textual Amendments

F14Words in s. 168(3)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 36 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F15Words in s. 168(6)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 36 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F17169Enforcement of closure orderE+W

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Textual Amendments

F17S. 169 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 37 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

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