Licensing Act 2003

[F1 41ZB Directions by the Mayor of London E+W

(1) Where section 41ZA(7)(a) applies the Mayor of London must direct the London licensing authority—

(a) to grant the application in whole with or without such permitted modifications to the conditions of the licence as may be specified in the direction,

(b) to reject the application in whole, or

(c) to grant part of the application with or without such permitted modifications to the conditions of the licence as may be specified in the direction (and to reject the other part of the application).

(2) The Mayor may only give a direction to the London licensing authority under subsection (1)(b) or (c) to reject the application in whole or in part if the application, or that part of the application, was rejected by the authority under section 35(4)(b).

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

(4) Subsection (1)(a) and (c) are subject to sections 19 to 21 (which require certain conditions to be included in premises licences).

(5) A direction under this section may not require a licence to be varied so as—

(a) to extend the period for which the licence has effect, or

(b) to vary substantially the premises to which it relates.

(6) Directions given under subsection (1)(a) or (c) may have the effect of requiring a premises licence to be varied so as to have effect subject to different conditions in respect of—

(a) different parts of the premises concerned;

(b) different licensable activities.

(7) 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.

(8) A direction under this section must state the Mayor’s reasons for giving that direction.

(9) For the purposes of subsection (1)(a) and (c), the conditions are modified if any of them is altered or omitted or any new condition is added.

(10) For the purposes of subsection (1)(a) or (c), a modification to a condition is “permitted” if—

(a) the condition was modified by the London licensing authority when granting the application in whole or in part under section 35(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 (11)), or

(b) the condition relates to an application, or part of an application, that was rejected by the London licensing authority under subsection 35(4)(b).

(11) The Mayor may not make a modification to a condition under subsection (10)(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 35(4)(a).]

Textual Amendments

F1 Ss. 41ZA-41ZD and cross-heading inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 26 para. 15 (with s. 102, Sch. 26 para. 21)