Part 9Miscellaneous and supplementary

F1Modification of premises licences to authorise off-sales for limited period

172HInterim steps pending off-sales review

(1)

This section applies to the consideration by a relevant licensing authority on an application under section 172G whether it is necessary to take interim steps pending the determination of the off-sales review.

(2)

The consideration may take place without the holder of the premises licence having been given an opportunity to make representations to the relevant licensing authority.

(3)

In the case of a premises licence to which section 172F(2) applies, the interim steps the relevant licensing authority must consider taking are—

(a)

the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

(b)

the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

(c)

the suspension of off-sales authorised by virtue of section 172F(2).

(4)

In the case of a premises licence to which section 172F(5) applies, the interim steps the relevant licensing authority must consider taking are—

(a)

the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

(b)

the addition of one or more new conditions which relate to a section 172F(5) condition.

(5)

But the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

(6)

Where on its consideration of whether to take interim steps the relevant licensing authority does take one or more such steps—

(a)

its decision takes effect immediately or as soon after that as the authority directs, but

(b)

it must give immediate notice of its decision and of its reasons for making it to—

(i)

the holder of the premises licence,

(ii)

the applicant under section 172G, and

(iii)

(if not the applicant), the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

(7)

Subject to subsection (11), if the holder of the premises licence makes, and does not withdraw, representations against any interim steps taken by the relevant licensing authority, the authority must, within 48 hours of the time of its receipt of the representations, hold a hearing to consider those representations.

(8)

The relevant licensing authority must give advance notice of the hearing to—

(a)

the holder of the premises licence, and

(b)

the applicant under section 172G.

(9)

At the hearing, the relevant licensing authority must—

(a)

consider whether the interim steps are appropriate for the promotion of the licensing objectives, and

(b)

determine whether to withdraw or modify the steps taken.

(10)

In considering those matters the relevant licensing authority must have regard to—

(a)

any representations made by any responsible authority, and

(b)

any representations made by the holder of the premises licence.

(11)

Where the relevant licensing authority has determined under subsection (9) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (7) if there has been a material change in circumstances since the authority made its determination.

(12)

In computing the period of 48 hours mentioned in subsection (7) time that is not part of a working day is to be disregarded.