Part 2Licensing

CHAPTER 2Late night levy

Late night levy requirement: further provision

134Introduction or variation of late night levy requirement: procedure

(1)

Regulations must make provision as to the procedure to be followed by a licensing authority in relation to any proposal for—

(a)

a decision under section 125(2) that the late night levy requirement is to apply in the area of the licensing authority (and any related decision under section 132(1));

(b)

a decision under section 133(1)(a) that the late night levy requirement is to cease to apply in the area of the licensing authority;

(c)

a decision under section 133(1)(b), (c) or (d).

(2)

Regulations under this section must, in particular—

(a)

require the licensing authority, where it proposes to make any decision mentioned in subsection (1), to consult the following about the proposal—

(i)

the relevant local policing body;

(ii)

the relevant chief officer of police;

(iii)

holders of relevant late night authorisations;

(iv)

any other persons prescribed by the regulations;

(b)

make provision requiring the licensing authority to publish notice of any decision mentioned in subsection (1) (and of related decisions);

(c)

in the case of a decision under section 125(2), make provision—

(i)

enabling any relevant late night authorisation to be varied under section 34, 41A, 84 or 86A of the Licensing Act 2003, on the application of the holder, so as to cease to be a relevant late night authorisation before the beginning of the first levy year, and

(ii)

for no fee to be payable in respect of any such application to the extent that it relates to such a variation.

(3)

In the case of a proposal that the late night levy requirement should apply to the area of a licensing authority, the consultation about the proposal required under subsection (2)(a) must include consultation about the matters to be decided under section 132(1).

(4)

Regulations under this section may specify matters of which the licensing authority must be satisfied before deciding under section 125(2) that the late night levy requirement is to apply in its area.

(5)

In subsection (2)(c), “relevant late night authorisation” includes a premises licence or club premises certificate which would be a relevant late night authorisation if the licensing authority were to make the decisions in subsection (1)(a) in accordance with the proposal.