Part 3

Premises licences

Variation of licences

Supplementary provision about determinations under section 35
36
1
Where an application (or any part of an application) is granted under section 35, the relevant licensing authority must forthwith give a notice to that effect to—
a
the applicant,
b
any person who made relevant representations in respect of the application, and
c
the chief officer of police for the police area (or each police area) in which the premises are situated.
2
Where relevant representations were made in respect of the application, the notice under subsection (1) must state the authority’s reasons for its decision as to the steps (if any) to take under section 35(3)(b).
3
The notice under subsection (1) must specify the time when the variation in question takes effect.
That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.
4
Where an application (or any part of an application) is rejected under section 35, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to—
a
the applicant,
b
any person who made relevant representations in respect of the application, and
c
the chief officer of police for the police area (or each police area) in which the premises are situated.
5
Where the relevant licensing authority determines for the purposes of section 35(6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
6
A licence may not be varied under section 35 so as—
a
to extend the period for which the licence has effect, or
b
to vary substantially the premises to which it relates.
7
In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a premises licence so that it has effect subject to different conditions in respect of—
a
different parts of the premises concerned;
b
different licensable activities.
8
In this section “relevant representations” has the meaning given in section 35(5).
S. 36 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.