Part 12

Clubs, pubs, fairs, &c.

Pubs, &c.

Removal of exemption
284
1
A licensing authority may make an order disapplying section 279 or section 282(1) to specified premises.
2
A licensing authority may make an order disapplying a section under subsection (1) only if they think that—
a
the application of the section is not reasonably consistent with pursuit of the licensing objectives,
b
gaming has taken place on the premises in purported reliance on the section but in breach of a condition of that section,
c
the premises are mainly used or to be used for gaming, or
d
an offence under this Act has been committed on the premises.
3
Before making an order under subsection (1) a licensing authority shall—
a
give the holder of the on-premises alcohol licence or of the relevant Scottish licence (“the licensee”) at least 21 days' notice of the authority's intention to consider making an order,
b
consider any representations made by the licensee,
c
hold a hearing if the licensee requests one, and
d
comply with any prescribed requirements for the procedure to be followed in considering whether to make an order.
4
If a licensing authority make an order under subsection (1), they shall as soon as is reasonably practicable give the licensee—
a
a copy of the order, and
b
written reasons for the decision to make the order.
5
A licensee may appeal against the making of an order under subsection (1).
6
An appeal under subsection (5) must be instituted—
a
in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,
b
by notice of appeal given to the designated officer, and
c
within the period of 21 days beginning with the day on which the appellant receives a copy of the order against which the appeal is brought.
7
On an appeal the magistrates' court may—
a
dismiss the appeal;
b
allow the appeal and quash the order made by the licensing authority;
c
make an order about costs.
8
In relation to premises in Scotland—
a
subsection (6)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
b
subsection (6)(b) shall not have effect,
c
the reference in subsection (7) to the magistrates' court shall have effect as a reference to the sheriff, and
d
the reference in subsection (7)(c) to costs shall have effect as a reference to expenses.
9
In this section, “prescribed” means prescribed by regulations made by the Secretary of State.
S. 284 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))
S. 284 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)