Part 3Premises licences

F1Power of Mayor of London to determine licence applications

25CDirections by the Mayor of London

(1)

Where section 25B(5)(a) applies the Mayor of London must direct the London licensing authority—

(a)

to grant the licence in accordance with the application subject only to—

(i)

such conditions specified in the direction as are consistent with the operating schedule accompanying the application, and

(ii)

any conditions which must under section 19, 20 or 21 be included in the licence,

(b)

to grant the licence subject to—

(i)

the conditions mentioned in subsection (1)(a)(i) with such permitted modifications as may be specified in the direction, and

(ii)

any condition which must under section 19, 20 or 21 be included in the licence,

(c)

to grant the licence in accordance with paragraph (a) or (b), but to also do one or both of the following—

(i)

exclude from the scope of the licence any of the licensable activities which were excluded by the decision of the London licensing authority in relation to the application under section 18(4)(b);

(ii)

refuse to specify a person in the licence as the premises supervisor where the London licensing authority refused to specify that person in their decision in relation to the application under section 18(4)(c), or

(d)

to reject the application.

(2)

The Mayor may only give a direction to the London licensing authority under subsection (1)(d) to reject the application if the application was rejected by the authority under section 18(4)(d).

(3)

The London licensing authority must grant the licence or reject the application in accordance with the direction given under subsection (1).

(4)

When giving a direction under this section the Mayor must have regard to—

(a)

the licensing policy statement published by the Mayor under section 8A, and

(b)

the importance of promoting the licensing objectives.

(5)

Directions given under subsection (1)(a) or (b) may have the effect of requiring a premises licence to be granted subject to different conditions in respect of—

(a)

different parts of the premises concerned;

(b)

different licensable activities.

(6)

A direction under this section must state the Mayor’s reasons for giving the direction.

(7)

For the purposes of subsection (1)(b)(i) the conditions mentioned in subsection (1)(a)(i) are modified if any of them is altered or omitted or any new condition is added.

(8)

For the purposes of subsection (1)(b)(i), a modification to a condition is “permitted” if—

(a)

the condition was modified by the London licensing authority when granting the licence under section 18(4)(a), and the modification is—

(i)

the same as that modification, or

(ii)

in the Mayor’s opinion less restrictive than that modification (but see subsection (9)), or

(b)

the condition relates to an application that was rejected by the London licensing authority under section 18(4)(d).

(9)

The Mayor may not make a modification to a condition under subsection (8)(a)(ii) if the effect of the modification would be that the condition would apply to a different part of the premises, or to different licensable activities, than that it applied to as modified by the London licensing authority under section 18(4)(a).