The Regulatory Reform (Fire Safety) Order 2005

Special provisions in respect of licensed etc. premises

This section has no associated Explanatory Memorandum

42.—(1) Subject to paragraph (2), where any enactment provides for the licensing of premises in relation to which this Order applies, or the licensing of persons in respect of any such premises—

(a)the licensing authority must ensure that the enforcing authority for the premises has the opportunity to make representations before issuing the licence; and

(b)the enforcing authority must notify the licensing authority of any action that the enforcing authority takes in relation to premises to which the licence relates; but no failure on the part of an enforcing authority to notify under this paragraph shall affect the validity of any such action taken.

(2) Paragraph (1) does not apply where the licensing authority is also the enforcing authority.

(3) In this article and article 43(1)(a)—

(a)“licensing authority” means the authority responsible for issuing the licence; and

(b)“licensing” includes certification and registration and “licence” is to be construed accordingly; and

(c)references to the issue of licences include references to their renewal, transfer or variation.