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The Licensing Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2005

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PART 2Orders under section 6 of the 1968 Act

2.—(1) This paragraph applies to premises in respect of which an order under section 6 of the 1968 Act is in force immediately before the second appointed day.

(2) The validity of the order is not to be affected by the justices' on-licence granted in respect of the premises ceasing to have effect immediately before the second appointed day; and, where a premises licence takes effect on that day authorising the supply of alcohol for consumption on the premises, the order is to continue to have effect on and after that day as if granted by the relevant licensing authority (as defined in section 6 of the 1968 Act).

3.—(1) The following provisions of this paragraph apply to any application for an order under section 6 of the 1968 Act which—

(a)is made to the licensing justices before the second appointed day, and

(b)is not determined or withdrawn before that date.

(2) The application is to be treated for the purposes of section 6 of the 1968 Act as having been made to the relevant licensing authority on the second appointed day.

(3) The designated officer for the relevant local justice area is to send the relevant licensing authority on the second appointed day or as soon as reasonably practicable after that day—

(a)the application, and

(b)copies of any other documents or records held by him which he considers to be relevant to the application.

(4) The designated officer for the relevant local justice area is to give notice in writing to the applicant as soon as reasonably practicable after sending the documents referred to in sub-paragraph (3)—

(a)indicating that the application and copies of documents and records relating to the application have been sent to the relevant licensing authority, and

(b)explaining that the application will be determined by that authority.

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