xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Instruments

2007 No. 2502

licenCEs and licensing

The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007

Made

27th August 2007

Laid before Parliament

30th August 2007

Coming into force

1st October 2007

The Secretary of State makes the following Order in exercise of the powers conferred by sections 9(2), 53A(3), 54 and 183(1) of the Licensing Act 2003(1) (“the Act”).

Citation and commencement

1.  These Regulations may be cited as the Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 and come into force on 1st October 2007.

Summary review of premises licences: notices etc

2.—(1) The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(2) are amended as follows.

(2) After regulation 16, insert—

Summary review of premises licences: serious crime and disorder

16A.  An application for a review of a premises licence under section 53A shall be in the form and shall contain the information set out in Schedule 8A..

(3) After regulation 36, insert—

Summary review of premises licences: serious crime and disorder

36A.(1) In the case of an application for review of a premises licence under section 53A the relevant licensing authority must, within 48 hours of the time of the receipt of the application, give notice of the review to—

(a)the holder of the premises licence to which the application relates; and

(b)each responsible authority.

(2) Notice under paragraph (1) is to be given by giving to the holder and each authority—

(a)a copy of the application; and

(b)a copy of the certificate given under section 53A(1)(b) that accompanied the application.

(3) In computing the period of 48 hours mentioned in paragraph (1) time that is not on a working day is to be disregarded..

(4) In regulation 38—

(a)in paragraph (1) after “section 51(3)”, insert “or 53A”;

(b)for paragraph (2), substitute—

(2) the requirements set out in paragraph (1) shall be fulfilled—

(a)in the case of a review of a premises licence following a closure order under section 167, or of a review of such a licence under section 53A, for a period of no less than seven consecutive days starting on the day after the day on which the relevant licensing authority received—

(i)the notice under section 165(4); or

(ii)the application under section 53A

(as the case may be); and

(b)in all other cases, for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority..

(5) In regulation 39, for “All” substitute, “Subject to regulation 39A, all”.

(6) After regulation 39 insert—

39A.(1) In the case of a review of a premises licence under section 53A—

(a)the dates referred to in regulation 39(b) shall be the date of the first working day after the day on which the notice was published, and the date of the ninth subsequent working day;

(b)the grounds referred to in regulation 39(c) shall be that in the opinion of a senior police officer the premises are associated with serious crime or serious disorder or both.

(2) The period prescribed for the purposes of section 53A(3)(e) of the Act is the period beginning on the first working day after the publication of the notice referred to in regulation 38 and ending on the ninth subsequent working day..

(7) After Schedule 8, insert Schedule 8A as set out in the Schedule to these Regulations.

Summary review of premises licences: hearings

3.—(1) The Licensing Act 2003 (Hearings) Regulations 2005(3) are amended as follows.

(2) After regulation 2(3), insert—

(4) For the purposes of regulation 19(b), a notice given by a chief officer of police does not include an application made, or a certificate given under, section 53A(1) of the Act..

(3) In regulation 3—

(a)the existing regulation 3 becomes paragraph (1) of that regulation;

(b)after paragraph (1), insert—

(2) Regulations 4 to 13, 16(a), 18, 20(2)(a) and (4), 22 (from “and shall” to the end), 27, 29 and 34 do not apply to a hearing under section 53B of the Act (interim steps pending review)..

(4) In regulation 6(3)(a) after “order)”, insert “or section 53C (review of premises licence following review notice)”.

(5) In regulation 8(4)(a), after “order)”, insert “or section 53C (review of premises licence following review notice)”.

(6) In regulation 13, at the end, insert—

(c)it would fail to reach a determination on a review under section 53A (summary reviews on application of senior police officer) within the period specified in subsection (2)(b) of that section..

(7) In regulation 26(1), after subparagraph (a), insert—

(aa)section 53B (interim steps pending review),

(ab)section 53C (review of premises licence following review notice),.

(8) In Schedule 2, after the entry in the table numbered 7, insert the following entry—

7ASection 53C (review of premises licence following review notice)

The holder of the premises licence in respect of which the application has been made;

persons who have made relevant representations as defined in section 53C(7); and

the chief officer of police who made the application under section 53A(1).

(9) In Schedule 3, after the entry in the table numbered 7, insert the following entry—

7ASection 53C (review of premises licence following review notice)The holder of the premises licence in respect of which the application has been made.The relevant representations as defined in section 53C(7) which have been made.

Licensing authority’s register

4.  After regulation 2(3) of the Licensing Act 2003 (Licensing authority’s register)(other information) Regulations 2005(4), insert—

(3A) In the case of an application for review of a premises licence under section 53A of the Act (summary reviews on application of senior police officer) the fact that the application has been made, and that it has been made on the basis of the opinion of a senior police officer that the premises are associated with serious crime or serious disorder or both..

Gerry Sutcliffe

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

27th August 2007

Regulation 2(7)

SCHEDULE

Regulation 16A

SCHEDULE 8A

[Insert name and address of relevant licensing authority and its reference number (optional)]

Application for the review of a premises licence under section 53A of the Licensing Act 2003 (premises associated with serious crime, serious disorder or both)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various Regulations under the Licensing Act 2003 (“the Act”) to allow for the operation of the new summary review procedure under sections 53A to 53C of the Act in relation to premises licences.

The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42) are amended to provide for the making of applications, the giving of notices and the advertisement of applications under the new procedure. This includes the prescription of an application form for the initiation of the procedure by the police.

The Licensing Act 2003 (Hearings) Regulations (S.I. 2005/44) are amended to provide for hearings conducted in pursuance of the new procedure, under section 53C of the Act.

Lastly, the Licensing Act 2003 (Licensing authority’s register)(other information) Regulations 2005 (S.I. 2005/43) are amended to require inclusion on a licensing authority’s register of the fact that an application under the new procedure has been made, and the grounds upon which it is made.

(1)

2003 c. 17. For the meaning of “prescribed”, see Section 193. Section 53A was inserted by the Violent Crime Reduction Act 2006 (c.38), Section 21.

(3)

S.I. 2005/44, as amended by S.I. 2005/78.