Licensing Act 2003 (First appointed day and personal licences transitional period) Order 2004

Statutory Instruments

2004 No. 1739

LICENCES AND LICENSING

Licensing Act 2003 (First appointed day and personal licences transitional period) Order 2004

Made

7th July 2004 at 12.27pm

Laid before Parliament

7th July 2004

Coming into force

1st August 2004

The Secretary of State, in exercise of the powers conferred upon her by paragraphs 1(1), 13(1) and 23(2) of Schedule 8 to the Licensing Act 2003(1) hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Licensing Act 2003 (First appointed day and personal licences transitional period) Order 2004 and shall come into force on 1st August 2004.

(2) In this Order—

“the Act” means the Licensing Act 2003;

“Schedule 8” means Schedule 8 to the Act.

First appointed day

2.  For the purposes of Part 1 (premises licences) and Part 2 (club premises certificates) of Schedule 8, the “first appointed day” shall be 7th February 2005.

Personal licences transitional period

3.  For the purposes of Part 3 of Schedule 8 (personal licences), the “transitional period” shall be the period commencing on 7th February 2005 and ending on 6th August 2005.

Tessa Jowell

Secretary of State for Culture, Media and Sport

Department for Culture, Media and Sport

7th July 2004

Explanatory Note

(This note is not part of the Order)

This Order appoints, for the purposes of Parts 1 and 2 of Schedule 8 to the Licensing Act 2003 (the Act), 7th February 2005 as the first appointed day (article 2). The first appointed day is the date on which an existing licence as defined in paragraph 1(1) of Schedule 8 to the Act, or an existing club certificate, as defined in paragraph 13(1) of the said Schedule, must have effect or be held for the purposes of converting such a licence or certificate to a new licence, as defined in paragraph 5 of that Schedule, or a new certificate, as defined in its paragraph 17.

Further, the first appointed day represents the commencement of the period of six months in which an application for the conversion of an existing licence or an existing club certificate may be made in accordance with Schedule 8 to the Act.

In addition, this Order specifies, for the purposes of Part 3 of Schedule 8 to the Act, the period beginning on 7 February 2005 until 6 August 2005 as the transitional period during which a holder of a justices' licence, as defined in paragraph 34 of the said Schedule, may apply for the grant of a personal licence and benefit from the requirements of that Part in respect of the determination of the application that do not attract the full requirements which would otherwise have to be complied with under Part 5 of the Act.

(1)

Licensing Act 2003 c. 17