Licensing Act 2003

31 Determination of application for provisional statement E+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 [F1 appropriate] 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 [F2 appropriate] 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 [F3 a 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(b) that the representations have not been withdrawn, and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 [F4 a 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

F1 Word in s. 31(3)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 109(5)(a), 157(1) (with s. 109(15)); S.I. 2012/1129, art. 2(d)

F2 Word in s. 31(3)(c)(ii) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 109(5)(b), 157(1) (with s. 109(15)); S.I. 2012/1129, art. 2(d)

F3 Words in s. 31(6)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(5)(a), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

F4 Words in s. 31(6)(c) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(5)(b), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

Commencement Information

I1 S. 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.