Part 1 E+WLicences for the purposes of the section
IntroductoryE+W
1E+WThis Part has effect in relation to regulations under section 13(7) about licences for the purposes of section 13.
Commencement Information
I1Sch. 1 para. 1 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I2Sch. 1 para. 1 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
Licensing authorityE+W
2E+WRegulations shall provide for the licensing authority to be—
(a)a local authority, or
(b)the appropriate national authority.
Commencement Information
I3Sch. 1 para. 2 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I4Sch. 1 para. 2 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
3E+WWhere the licensing authority is a local authority, regulations may require the licensing authority to have regard in carrying out its functions under the regulations to such guidance as may be issued by the appropriate national authority.
Commencement Information
I5Sch. 1 para. 3 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I6Sch. 1 para. 3 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
Period of licenceE+W
4E+WRegulations may, in particular—
(a)make provision about the period for which licences are to be granted;
(b)make provision, in connection with the death of the holder of a licence, for the continuation in force of the licence for such period and subject to such conditions as the regulations may provide.
Commencement Information
I7Sch. 1 para. 4 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I8Sch. 1 para. 4 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
5E+WRegulations may not provide for licences to be granted for a period of more than 3 years.
Commencement Information
I9Sch. 1 para. 5 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I10Sch. 1 para. 5 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
Exercise of licensing functionsE+W
6E+WRegulations may, in particular—
(a)require a licensing authority not to grant a licence unless satisfied as to a matter specified in the regulations;
(b)require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
Commencement Information
I11Sch. 1 para. 6 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I12Sch. 1 para. 6 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
7E+WRegulations shall make provision requiring a licensing authority not to grant a licence authorising the carrying on of an activity on specific premises unless the premises have been inspected as the regulations may provide.
Commencement Information
I13Sch. 1 para. 7 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I14Sch. 1 para. 7 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
Grant of licence subject to conditionsE+W
8(1)Regulations may, in particular, make provision for the grant of a licence subject to conditions.E+W
(2)Provision of the kind mentioned in sub-paragraph (1) may—
(a)enable a licensing authority to attach conditions to a licence;
(b)require a licensing authority to attach to a licence conditions specified in the regulations.
Commencement Information
I15Sch. 1 para. 8 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I16Sch. 1 para. 8 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
Breach of licence conditionE+W
9(1)Regulations may provide for breach of a condition of a licence to be an offence.E+W
(2)Regulations may not provide for an offence of breach of condition of a licence to be triable on indictment or punishable with—
(a)imprisonment for a term exceeding 51 weeks, or
(b)a fine exceeding level 5 on the standard scale.
(3)Regulations may provide that an offence of breach of condition of a licence is to be treated as a relevant offence for the purposes of section 23.
(4)Regulations may apply a relevant post-conviction power in relation to conviction for an offence of breach of condition of a licence.
Commencement Information
I17Sch. 1 para. 9 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I18Sch. 1 para. 9 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
AppealsE+W
10E+WRegulations may, in particular, make provision for appeals in relation to decisions of a licensing authority under the regulations.
Commencement Information
I19Sch. 1 para. 10 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I20Sch. 1 para. 10 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)
FeesE+W
11E+WRegulations may include provision for fees or other charges in relation to the carrying out of functions of the licensing authority under the regulations.
Commencement Information
I21Sch. 1 para. 11 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)
I22Sch. 1 para. 11 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)