Part 4

Clubs

Variation of certificates

Supplementary provision about applications under section 84
86
1
Where an application (or any part of an application) is granted under section 85, 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 specify the authority’s reasons for its decision as to the steps (if any) to take under section 85(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 the 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 85, 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, 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 85(6)(c) that any representations are frivolous or vexatious, it must give the person who made them its reasons for that determination.
6
A club premises certificate may not be varied under section 85 so as 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 club premises certificate so that it has effect subject to different conditions in respect of—
a
different parts of the premises concerned;
b
different qualifying club activities.
8
In this section “relevant representations” has the meaning given in section 85(5).
S. 86 in force at 2.7.2005 for certain purposes and otherwise at 7.8.2005 by S.I. 2004/2360, art. 2(1), Sch.; S.I. 2005/2090, art. 2, Sch.