The Gambling Act 2005 (Premises Licences) (Review) Regulations 2007

Failure properly to publish notice of intention to hold a review

11.—(1) This regulation applies where a licensing authority fail to publish a proper notice of their intention to hold a review during or for the period provided for under (as the case may be) paragraph (9) or (10) of regulation 8.

(2) For the purposes of paragraph (1), a licensing authority fail to publish a proper notice of their intention to hold a review if—

(a) they fail to publish a notice under section 200(3)(b) of the Act in the manner in which they are required to publish the notice under sub-paragraph (a) or (b) of regulation 8(7), or

(b) the published notice does not comply with the requirements of these Regulations as to the form and manner in which it is to be published.

(3) Subject to paragraph (6), the licensing authority must publish the notice in a form and manner which complies with the relevant requirements of these Regulations (other than as to the beginning of the period when publication is to be made) as soon as practicable after the end of the period referred to in (as the case may be) paragraph (9) or (10) of regulation 8.

(4) In a case to which this regulation applies an interested party may make any representations about the review within the period of 28 days starting on the day on which the notice referred to in paragraph (3) is published.

(5) Where the notice is published in one of the ways referred to in regulation 8(7)(a)(ii) or 8(7)(b), the period referred to in paragraph (4) above is to start on the date on which the notice is first published.

(6) Regulation 8(6) is to have effect in relation to the notice referred to in paragraph (3) as if it required the notice to specify the period referred to in that paragraph as the period during which representations about the application may be made by an interested party.

(7) The licensing authority may not hold the review until—

(a) notice has been published in accordance with paragraph (3); and

(b) the period referred to in paragraph (4) has elapsed.

(8) Subject to paragraph (7), the licensing authority may disregard any irregularity in relation to the publication of a notice under section 200(3)(b) of the 2005 Act.