Licensing Act 2003 (c. 17)

Part 3 E+W Premises licences

Variation of licences E+W

35 Determination of application under section 34 E+W

(1) This section applies where the relevant licensing authority—

(a) receives an application, made in accordance with section 34, to vary a premises licence, and

(b) is satisfied that the applicant has complied with any requirement imposed on him by virtue of subsection (5) of that section.

(2) Subject to subsection (3) and section 36(6), the authority must grant the application.

(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, and

(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers [F1 appropriate] for the promotion of the licensing objectives.

(4) The steps are—

(a) to modify the conditions of the licence;

(b) to reject the whole or part of the application;

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

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

(a) are about the likely effect of the grant of the application on the promotion of the licensing objectives, and

(b) meet the requirements of subsection (6).

(6) The requirements are—

(a) that the representations are made by [F2 a responsible authority or other person] within the period prescribed under section 17(5)(c) by virtue of section 34(5),

(b) that they have not been withdrawn, and

(c) in the case of representations made by [F3 a person who is not a responsible authority] , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(7) Subsections (2) and (3) are subject to sections [F4 19 to 21](which require certain conditions to be included in premises licences).

Textual Amendments

F1 Word in s. 35(3)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 109(6), 157(1) (with s. 109(15)); S.I. 2012/1129, art. 2(d)

F2 Words in s. 35(6)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(6)(a), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

F3 Words in s. 35(6)(c) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(6)(b), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

F4 Words in s. 35(7) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 32; S.I. 2010/125, art. 2(t)

Commencement Information

I1 S. 35 in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2(1), Sch.; S.I. 2005/2090, art. 2, Sch.