Part 2

Licensing
CHAPTER 1

Amendments of the Licensing Act 2003

Miscellaneous

Licensing policy statements
122
1
Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended as set out in subsections (2) to (7).
2
In subsection (1)—
a
for “three” substitute “five”, and
b
in paragraph (b) omit “(a “licensing statement”)”.
3
Omit subsection (2).
4
In subsection (3), for “three” substitute “five”.
5
In subsection (4)—
a
for “three” substitute “five”, and
b
after “policy” insert “in respect of that period”.
6
After subsection (6) insert—
6A
Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—
a
determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and
b
publishing a statement of that policy before that date.
6B
Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).
6C
A licensing statement must specify the five year period to which it relates.
7
After subsection (7) insert—
8
In this section—
- “five year period”, in relation to a licensing authority, means—
  1. if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or
  2. if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;
- “licensing statement” means a statement published under subsection (1)(b) or (6A)(b).
8
Any policy determined, and any licensing policy statement published, under section 5(1) of the Licensing Act 2003 in respect of the period of three years beginning with 7 January 2011 is, on and after the commencement of this subsection, to be treated for all purposes as if—
a
it had been determined and published under that section (as amended by this section) in respect of the period of five years beginning with 7 January 2011, and
b
it specified the five year period to which it relates.