Part 3

Premises licences

Variation of licences

Application to vary licence to specify individual as premises supervisor
37
1
The holder of a premises licence may—
a
if the licence authorises the supply of alcohol, or
b
if he has applied under section 34 to vary the licence so that it authorises such supplies,
apply to vary the licence so as to specify the individual named in the application (“the proposed individual”) as the premises supervisor.
2
Subsection (1) is subject to regulations under—
a
section 54 (form etc. of applications etc.);
b
section 55 (fees to accompany applications etc.).
3
An application under this section must also be accompanied by—
a
a form of consent in the prescribed form given by the proposed individual, and
b
the premises licence (or the appropriate part of that licence) or, if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).
4
Notice of an application under this section must be given—
a
to the chief officer of police for the police area (or each police area) in which the premises are situated, and
b
to the designated premises supervisor (if there is one),
and that notice must state whether the application is one to which section 38 applies.
4A
Notice under subsection (4)(a) is to be given by—
a
the relevant licensing authority, in a case where the holder of the premises licence submitted the application to the relevant licensing authority by means of a relevant electronic facility;
b
the holder of the premises licence, in any other case.
4B
Notice under subsection (4)(b) is to be given by the holder of the premises licence.
5
Where a chief officer of police notified under subsection (4) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.
6
The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (4).
S. 37(3)(a) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 37(1)(2)(3)(b)(4)-(6) in force for certain purposes at 7.2.2005 and 7.8.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/2090, art. 2, Sch.
Words in s. 37(4) substituted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(4) (with regs. 2, 5)
S. 37(4A)(4B) inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(5) (with regs. 2, 5)