Licensing Act 2003

• Citation: 2003 c. 17
• Sections: 499

Section 1 Licensable activities and qualifying club activities

(1) For the purposes of this Act the following are licensable activities—

(a) the sale by retail of alcohol,

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club,

(c) the provision of regulated entertainment, and

(d) the provision of late night refreshment.

(2) For those purposes the following licensable activities are also qualifying club activities—

(a) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club,

(b) the sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for consumption on the premises where the sale takes place, and

(c) the provision of regulated entertainment where that provision is by or on behalf of a club for members of the club or members of the club and their guests.

(3) In this Act references to the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club do not include a reference to any supply which is a sale by retail of alcohol.

(4) Schedule 1 makes provision about what constitutes the provision of regulated entertainment for the purposes of this Act.

(5) Schedule 2 makes provision about what constitutes the provision of late night refreshment for those purposes (including provision that certain activities carried on in relation to certain clubs or hotels etc , or certain employees, do not constitute provision of late night refreshment and are, accordingly, not licensable activities).

(6) For the purposes of this Act premises are “used” for a licensable activity if that activity is carried on on or from the premises.

(7) This section is subject to sections 173 to 175 (which exclude activities from the definition of licensable activity in certain circumstances).

Section 2 Authorisation for licensable activities and qualifying club activities

(1) A licensable activity may be carried on—

(a) under and in accordance with a premises licence (see Part 3), or

(b) in circumstances where the activity is a permitted temporary activity by virtue of Part 5.

(2) A qualifying club activity may be carried on under and in accordance with a club premises certificate (see Part 4).

(3) Nothing in this Act prevents two or more authorisations having effect concurrently in respect of the whole or a part of the same premises or in respect of the same person.

(4) For the purposes of subsection (3) “ authorisation ” means—

(a) a premises licence;

(b) a club premises certificate;

(c) a temporary event notice.

Section 3 Licensing authorities

(1) In this Act “ licensing authority ” means—

(a) the council of a district in England,

(b) the council of a county in England in which there are no district councils,

(c) the council of a county or county borough in Wales,

(d) the council of a London borough,

(e) the Common Council of the City of London,

(f) the Sub-Treasurer of the Inner Temple,

(g) the Under-Treasurer of the Middle Temple, or

(h) the Council of the Isles of Scilly.

(2) For the purposes of this Act, a licensing authority’s area is the area for which the authority acts.

Section 4 General duties of licensing authorities

(1) A licensing authority must carry out its functions under this Act (“licensing functions”) with a view to promoting the licensing objectives.

(2) The licensing objectives are—

(a) the prevention of crime and disorder;

(b) public safety;

(c) the prevention of public nuisance; and

(d) the protection of children from harm.

(3) In carrying out its licensing functions, a licensing authority must also have regard to—

(a) its licensing statement published under section 5, and

(b) any guidance issued by the Secretary of State under section 182.

Section 5 Statement of licensing policy

(1) Each licensing authority must in respect of each five year period—

(a) determine its policy with respect to the exercise of its licensing functions, and

(b) publish a statement of that policy ... before the beginning of the period.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Before determining its policy for a five year period, a licensing authority must consult—

(a) the chief officer of police for the licensing authority’s area,

(b) the fire and rescue authority for that area,

(ba) each ... Local Health Board for an area any part of which is in the licensing authority's area,

(bb) each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area,

(c) such persons as the licensing authority considers to be representative of holders of premises licences issued by that authority,

(d) such persons as the licensing authority considers to be representative of holders of club premises certificates issued by that authority,

(e) such persons as the licensing authority considers to be representative of holders of personal licences issued by that authority, and

(f) such other persons as the licensing authority considers to be representative of businesses and residents in its area.

(4) During each five year period, a licensing authority must keep its policy in respect of that period under review and make such revisions to it, at such times, as it considers appropriate.

(5) Subsection (3) applies in relation to any revision of an authority’s policy as it applies in relation to the original determination of that policy.

(6) Where revisions are made, the licensing authority must publish a statement of the revisions or the revised licensing statement.

(6A) Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—

(a) determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and

(b) publishing a statement of that policy before that date.

(6B) Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).

(6C) A licensing statement must specify the five year period to which it relates.

(6D) In determining or revising its policy, a licensing authority must have regard to any cumulative impact assessments published by it under section 5A.

(6E) A licensing statement must—

(a) summarise any cumulative impact assessments published by the licensing authority under section 5A, and

(b) explain how the licensing authority has discharged its duty under subsection (6D).

(7) Regulations may make provision about the determination and revision of policies, and the preparation and publication of licensing statements, under this section.

(8) In this section—

“ five year period ”, in relation to a licensing authority, means—

if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or

if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;

“ licensing statement ” means a statement published under subsection (1)(b) or (6A)(b).

Section 5A Cumulative impact assessments

(1) A licensing authority may publish a document (“a cumulative impact assessment”) stating that the licensing authority considers that the number of relevant authorisations in respect of premises in one or more parts of its area described in the assessment is such that it is likely that it would be inconsistent with the authority's duty under section 4(1) to grant any further relevant authorisations in respect of premises in that part or those parts.

(2) A cumulative impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1).

(3) For the purposes of this section, “ relevant authorisations ” means—

(a) premises licences;

(b) club premises certificates.

(4) A cumulative impact assessment may relate to all relevant authorisations or only to relevant authorisations of a kind described in the assessment.

(5) Before publishing a cumulative impact assessment, the licensing authority must consult the persons mentioned in section 5(3).

(6) For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 5(3) with the following information—

(a) the reasons why it is considering publishing a cumulative impact assessment;

(b) a general indication of the part or parts of its area which it is considering describing in the assessment;

(c) whether it considers that the assessment will relate to all relevant authorisations or only to relevant authorisations of a particular kind.

(7) Where a licensing authority publishes a cumulative impact assessment, it must, before the end of each relevant period, consider whether it remains of the opinion stated in the assessment.

(8) Before deciding whether it remains of that opinion, the licensing authority must consult the persons mentioned in section 5(3).

(9) If the licensing authority is no longer of that opinion—

(a) it must publish a statement to that effect, and

(b) the duties in section 5(6D) and (6E) and subsection (7) of this section cease to apply in relation to the assessment.

(10) If the licensing authority remains of that opinion, it must revise the cumulative impact assessment so that it—

(a) includes a statement to that effect, and

(b) sets out the evidence as to why the authority remains of that opinion.

(11) A licensing authority must publish any revision of a cumulative impact assessment.

(12) In subsection (7), “ relevant period ” means the period of three years beginning with the publication of the cumulative impact assessment or a revision of the cumulative impact assessment.

Section 6 Licensing committees

(1) Each licensing authority must establish a licensing committee consisting of at least ten, but not more than fifteen, members of the authority.

(2) This section does not apply in relation to the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

Section 7 Exercise and delegation of functions

(1) All matters relating to the discharge by a licensing authority of its licensing functions are, by virtue of this subsection, referred to its licensing committee and, accordingly, that committee must discharge those functions on behalf of the authority.

(2) Subsection (1) does not apply to—

(a) any function conferred on the licensing authority by section 5 (statement of licensing policy),

(aa) the functions of making, and varying or revoking, an order under section 172A (early morning alcohol restriction order), or

(b) any function discharged under subsection (5)(a) below by a committee (other than a licensing committee),

or any matter relating to the discharge of any such function.

(3) A licensing authority may arrange for the discharge by its licensing committee of any function of the authority which—

(a) relates to a matter referred to that committee by virtue of subsection (1), but

(b) is not a licensing function.

(4) Where the licensing authority does not make arrangements under subsection (3) in respect of any such function, it must (unless the matter is urgent) consider a report of its licensing committee with respect to the matter before discharging the function.

(5) Where a matter relates to a licensing function of a licensing authority and to a function of the authority which is not a licensing function (“the other function”), the authority may—

(a) refer the matter to another of its committees and arrange for the discharge of the licensing function by that committee, or

(b) refer the matter to its licensing committee (to the extent it is not already so referred under subsection (1)) and arrange for the discharge of the other function by the licensing committee.

(6) In a case where an authority exercises its power under subsection (5)(a), the committee to which the matter is referred must (unless the matter is urgent) consider a report of the authority’s licensing committee with respect to the matter before discharging the function concerned.

(7) Before exercising its power under subsection (5)(b), an authority must consult its licensing committee.

(8) In a case where an authority exercises its power under subsection (5)(b), its licensing committee must (unless the matter is urgent) consider any report of any of the authority’s other committees with respect to the matter before discharging the function concerned.

(9) Where a licensing committee is unable to discharge any function delegated to it in accordance with this section because of the number of its members who are unable to take part in the consideration or discussion of any matter or vote on any question with respect to it, the committee must refer the matter back to the licensing authority and the authority must discharge that function.

(10) This section does not apply in relation to the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

Section 8 Requirement to keep a register

(1) Each licensing authority must keep a register containing—

(a) a record of each premises licence, club premises certificate and personal licence issued by it,

(b) a record of each temporary event notice received by it,

(ba) an entry noting that the provisions of section 172F may have an impact on the conditions of, and activities authorised by, a premises licence during the relevant period (within the meaning of section 172F),

(c) the matters mentioned in Schedule 3, and

(d) such other information as may be prescribed.

(2) Regulations may require a register kept under this section to be in a prescribed form and kept in a prescribed manner.

(3) Each licensing authority must provide facilities for making the information contained in the entries in its register available for inspection (in a legible form) by any person during office hours and without payment.

(4) If requested to do so by any person, a licensing authority must supply him with a copy of the information contained in any entry in its register in legible form.

(5) A licensing authority may charge such reasonable fee as it may determine in respect of any copy supplied under subsection (4).

(6) The Secretary of State may arrange for the duties conferred on licensing authorities by this section to be discharged by means of one or more central registers kept by a person appointed pursuant to the arrangements.

(7) The Secretary of State may require licensing authorities to participate in and contribute towards the cost of any arrangements made under subsection (6).

Section 9 Proceedings of licensing committee

(1) A licensing committee may establish one or more sub-committees consisting of three members of the committee.

(2) Regulations may make provision about—

(a) the proceedings of licensing committees and their sub-committees (including provision about the validity of proceedings and the quorum for meetings),

(b) public access to the meetings of those committees and sub-committees,

(c) the publicity to be given to those meetings,

(d) the agendas and records to be produced in respect of those meetings, and

(e) public access to such agendas and records and other information about those meetings.

(3) Subject to any such regulations, each licensing committee may regulate its own procedure and that of its sub-committees.

Section 10 Sub-delegation of functions by licensing committee etc.

(1) A licensing committee may arrange for the discharge of any functions exercisable by it—

(a) by a sub-committee established by it, or

(b) subject to subsection (4), by an officer of the licensing authority.

(2) Where arrangements are made under subsection (1)(a), then, subject to subsections (4) and (5), the sub-committee may in turn arrange for the discharge of the function concerned by an officer of the licensing authority.

(3) Arrangements under subsection (1) or (2) may provide for more than one sub-committee or officer to discharge the same function concurrently.

(4) Arrangements may not be made under subsection (1) or (2) for the discharge by an officer of—

(a) any function under—

(i) section 18(3) (determination of application for premises licence where representations have been made),

(ii) section 31(3) (determination of application for provisional statement where representations have been made),

(iii) section 35(3) (determination of application for variation of premises licence where representations have been made),

(iv) section 39(3) (determination of application to vary designated premises supervisor following police objection),

(v) section 44(5) (determination of application for transfer of premises licence following ... objection),

(vi) section 48(3) (consideration of ... objection made to interim authority notice),

(via) section 53A(2)(a) or 53B (determination of interim steps pending summary review),

(vii) section 72(3) (determination of application for club premises certificate where representations have been made),

(viii) section 85(3)(determination of application to vary club premises certificate where representations have been made),

(ix) section 105(2) (decision to give counter notice following police objection to temporary event notice),

(x) section 120(7) (determination of application for grant of personal licence following ... objection),

(xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii) section 124(4) (revocation of licence where convictions come to light after grant etc.),

(xiii) section 132A(8) and (12) (revocation or suspension of licence by local authority where it becomes aware of convictions or immigration penalties),

(xiv) section 172G (3)(a) or 172H (determination of interim steps pending summary off-sales review),

(b) any function under section 52(2) or (3) (determination of application for review of premises licence) in a case where relevant representations (within the meaning of section 52(7)) have been made,

(ba) any function under section 53C (review following review notice), in a case where relevant representations (within the meaning of section 53C(7)) have been made,

(c) any function under section 88(2) or (3) (determination of application for review of club premises certificate) in a case where relevant representations (within the meaning of section 88(7)) have been made, or

(d) any function under section 167(5) (review following closure order), in a case where relevant representations (within the meaning of section 167(9)) have been made.

(da) any function under section 172I (off-sales review following review application), in a case where relevant representations (within the meaning of section 172I (7) ) have been made, or

(5) The power exercisable under subsection (2) by a sub-committee established by a licensing committee is also subject to any direction given by that committee to the sub-committee.

Section 11 Premises licence

In this Act “ premises licence ” means a licence granted under this Part, in respect of any premises, which authorises the premises to be used for one or more licensable activities.

Section 12 The relevant licensing authority

(1) For the purposes of this Part the “ relevant licensing authority ” in relation to any premises is determined in accordance with this section.

(2) Subject to subsection (3), the relevant licensing authority is the authority in whose area the premises are situated.

(3) Where the premises are situated in the areas of two or more licensing authorities, the relevant licensing authority is—

(a) the licensing authority in whose area the greater or greatest part of the premises is situated, or

(b) if there is no authority to which paragraph (a) applies, such one of those authorities as is nominated in accordance with subsection (4).

(4) In a case within subsection (3)(b)—

(a) an applicant for a premises licence must nominate one of the licensing authorities as the relevant licensing authority in relation to the application and any licence granted as a result of it, and

(b) an applicant for a statement under section 29 (provisional statement) in respect of the premises must nominate one of the licensing authorities as the relevant licensing authority in relation to the statement.

Section 13 Authorised persons ... and responsible authorities

(1) In this Part in relation to any premises each of the following expressions has the meaning given to it by this section—

“authorised person”,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“responsible authority”.

(2) “ Authorised person ” means any of the following—

(a) an officer of a licensing authority in whose area the premises are situated who is authorised by that authority for the purposes of this Act,

(b) an inspector appointed by the fire and rescue authority for the area in which the premises are situated.

(c) an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37),

(d) an officer of a local authority, in whose area the premises are situated, who is authorised by that authority for the purposes of exercising one or more of its statutory functions in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

(e) in relation to a vessel, an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 (c. 21),

(f) a person prescribed for the purposes of this subsection.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) “ Responsible authority ” means any of the following—

(za) the relevant licensing authority and any other licensing authority in whose area part of the premises is situated,

(a) the chief officer of police for any police area in which the premises are situated,

(b) the fire and rescue authority for any area in which the premises are situated,

(ba) the ... Local Health Board for any area in which the premises are situated,

(bb) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,

(c) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 for any area in which the premises are situated,

(d) the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,

(e) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

(f) a body which—

(i) represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and

(ii) is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) in relation to a vessel—

(i) a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for licensable activities,

(ii) the Environment Agency,

(iii) Canal & River Trust , or

(iv) the Secretary of State,

(ha) where the premises (not being a vessel) are being, or are proposed to be, used for a licensable activity within section 1(1)(a) or (d), the Secretary of State,

(i) a person prescribed for the purposes of this subsection.

(5) For the purposes of this section, “ statutory function ” means a function conferred by or under any enactment.

Section 14 Meaning of “supply of alcohol”

For the purposes of this Part the “ supply of alcohol ” means—

(a) the sale by retail of alcohol, or

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

Section 15 Meaning of “designated premises supervisor”

(1) In this Act references to the “ designated premises supervisor ”, in relation to a premises licence, are to the individual for the time being specified in that licence as the premises supervisor.

(2) Nothing in this Act prevents an individual who holds a premises licence from also being specified in the licence as the premises supervisor.

Section 16 Applicant for premises licence

(1) Subject to subsections (2) and (2A), the following persons may apply for a premises licence—

(a) a person who carries on, or proposes to carry on, a business which involves the use of the premises for the licensable activities to which the application relates,

(b) a person who makes the application pursuant to—

(i) any statutory function discharged by that person which relates to those licensable activities, or

(ii) any function discharged by that person by virtue of Her Majesty’s prerogative,

(c) a recognised club,

(d) a charity,

(e) the proprietor of an educational institution,

(f) a health service body,

(g) a person who is registered under Part 2 of the Care Standards Act 2000 (c. 14) in respect of an independent hospital in Wales ,

(ga) a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England,

(h) the chief officer of police of a police force in England and Wales,

(i) a person of such other description as may be prescribed.

(2) ... an individual may not apply for a premises licence unless he is aged 18 or over.

(2A) An individual who is resident in the United Kingdom may not apply for a premises licence authorising premises to be used for a licensable activity within section 1(1)(a) or (d) unless the individual is entitled to work in the United Kingdom.

(3) In this section—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“ educational institution ” means—

a school, or an institution within the further ... education sector, within the meaning of section 4 of the Education Act 1996 (c. 56), ...

an institution within the higher education sector, within the meaning given by section 91(5) of the Further and Higher Education Act 1992, or

a college (including any institution in the nature of a college), school, hall or other institution of a university, in circumstances where the university receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) or section 39 or 97 of the Higher Education and Research Act 2017 ;

“ health service body ” means—

an NHS trust established by virtue of section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a Local Health Board established by virtue of section 16BA of that Act;

“independent hospital”—

in relation to England, means—

a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, or

any other establishment in which any of the services listed in subsection (4) are provided and which is not a health service hospital as so defined; and

in relation to Wales, has the same meaning as in the Care Standards Act 2000;

“proprietor”—

in relation to a school within the meaning of section 4 of the Education Act 1996, has the same meaning as in section 579(1) of that Act, and

in relation to an educational institution other than such a school, means the governing body of that institution within the meaning of section 90(1) of the Further and Higher Education Act 1992; and

“ statutory function ” means a function conferred by or under any enactment.

(4) The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows—

(a) medical treatment under anaesthesia or intravenously administered sedation;

(b) dental treatment under general anaesthesia;

(c) obstetric services and, in connection with childbirth, medical services;

(d) termination of pregnancies;

(e) cosmetic surgery, other than—

(i) ear and body piercing;

(ii) tattooing;

(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.

Section 17 Application for premises licence

(1) An application for a premises licence must be made to the relevant licensing authority.

(2) Subsection (1) is subject to regulations under—

(a) section 54 (form etc. of applications etc.);

(b) section 55 (fees to accompany applications etc.).

(3) An application under this section must also be accompanied—

(a) by an operating schedule,

(b) by a plan of the premises to which the application relates, in the prescribed form, and

(c) if the licensable activities to which the application relates (“the relevant licensable activities”) include the supply of alcohol, by a form of consent in the prescribed form given by the individual whom the applicant wishes to have specified in the premises licence as the premises supervisor.

(4) An “operating schedule” is a document which is in the prescribed form and includes a statement of the following matters—

(a) the relevant licensable activities,

(b) the times during which it is proposed that the relevant licensable activities are to take place,

(c) any other times during which it is proposed that the premises are to be open to the public,

(d) where the applicant wishes the licence to have effect for a limited period, that period,

(e) where the relevant licensable activities include the supply of alcohol, prescribed information in respect of the individual whom the applicant wishes to have specified in the premises licence as the premises supervisor,

(f) where the relevant licensable activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or off the premises, or both,

(g) the steps which it is proposed to take to promote the licensing objectives,

(h) such other matters as may be prescribed.

(5) The Secretary of State must by regulations—

(a) require an applicant to advertise his application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to bring the application to the attention of the i persons who live, or are involved in a business, in the relevant licensing authority's area and who are likely to be affected by it;

(aa) require the relevant licensing authority to advertise the application within the prescribed period—

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) prescribe the period during which responsible authorities and other persons may make representations to the relevant licensing authority about the application.

(6) The Secretary of State may by regulations—

(a) require an applicant to give notice of his application to each responsible authority, and such other persons as may be prescribed, within the prescribed period, and

(b) in a case where the application is made by means of a relevant electronic facility, require the relevant licensing authority to give notice of the application to such persons as may be prescribed, within the prescribed period.

Section 18 Determination of application for premises licence

(1) This section applies where the relevant licensing authority—

(a) receives an application for a premises licence made in accordance with section 17, and

(b) is satisfied that the applicant has complied with any requirement imposed on him under subsection (5) of that section.

(2) Subject to subsection (3), the authority must grant the licence in accordance with the application subject only to—

(a) such conditions as are consistent with the operating schedule accompanying the application, and

(b) any conditions which must under section 19, 20 or 21 be included in the licence.

(3) Where relevant representations are made, the authority must—

(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers appropriate for the promotion of the licensing objectives.

(4) The steps are—

(a) to grant the licence subject to—

(i) the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers appropriate for the promotion of the licensing objectives, and

(ii) any condition which must under section 19, 20 or 21 be included in the licence;

(b) to exclude from the scope of the licence any of the licensable activities to which the application relates;

(c) to refuse to specify a person in the licence as the premises supervisor;

(d) to reject the application.

(5) For the purposes of subsection (4)(a)(i) the conditions mentioned in subsection (2)(a) are modified if any of them is altered or omitted or any new condition is added.

(6) For the purposes of this section, “ relevant representations ” means representations which—

(a) are about the likely effect of the grant of the premises licence on the promotion of the licensing objectives,

(b) meet the requirements of subsection (7),

(c) if they relate to the identity of the person named in the application as the proposed premises supervisor, meet the requirements of subsection (9), and

(d) are not excluded representations by virtue of section 32 (restriction on making representations following issue of provisional statement).

(7) The requirements of this subsection are—

(a) that the representations were made by a responsible authority or other person within the period prescribed under section 17(5)(c),

(b) that they have not been withdrawn, and

(c) in the case of representations made by a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(8) Where the authority determines for the purposes of subsection (7)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

(9) The requirements of this subsection are that the representations—

(a) were made by a chief officer of police for a police area in which the premises are situated, and

(b) include a statement that, due to the exceptional circumstances of the case, he is satisfied that the designation of the person concerned as the premises supervisor under the premises licence would undermine the crime prevention objective.

(10) In discharging its duty under subsection (2) or (3)(b), a licensing authority may grant a licence under this section subject to different conditions in respect of—

(a) different parts of the premises concerned;

(b) different licensable activities.

Section 19 Mandatory conditions where licence authorises supply of alcohol

(1) Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.

(2) The first condition is that no supply of alcohol may be made under the premises licence—

(a) at a time when there is no designated premises supervisor in respect of the premises licence, or

(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

(4) The other conditions are any conditions specified in an order under section 19A and applicable to the premises licence.

Section 19A Power of Secretary of State to impose section 19(4) mandatory conditions

(1) The Secretary of State may by order specify conditions relating to the supply of alcohol and applicable to all relevant premises licences or relevant premises licences of a particular description if the Secretary of State considers it appropriate to do so for the promotion of the licensing objectives.

(2) The number of conditions in force by virtue of subsection (1) in relation to all relevant premises licences and the number of conditions in force by virtue of that subsection in relation to relevant premises licences of particular descriptions must not (when added together) exceed at any time nine.

(3) An order under subsection (1) may—

(a) relate to existing or future relevant premises licences,

(b) specify conditions which involve, or consist of, the exercise of a discretion by any person.

(4) Any conditions specified by an order under subsection (1) in relation to existing relevant premises licences are to be treated as—

(a) included in those licences from the coming into force of the order, and

(b) overriding any conditions already included in those licences (“the existing conditions”) so far as they are—

(i) identical to the existing conditions, or

(ii) inconsistent with, and more onerous than, the existing conditions.

(5) Any conditions included, or treated as included, in relevant premises licences by virtue of section 19(4) and this section cease to have effect so far as they cease to be specified under this section in relation to those licences.

(6) Any conditions treated as mentioned in subsection (4)(b) cease to be so treated so far as they cease to be specified under this section in relation to the relevant premises licences concerned.

(7) So far as conditions cease to be treated as mentioned in subsection (4)(b), the existing conditions revive.

(8) Subsections (5) to (7) are subject to any alternative transitional or saving provision made by the order revoking the specification.

(9) In this section—

“ existing relevant premises licence ”, in relation to an order, means a relevant premises licence granted before the coming into force of the order and in effect, or capable of having effect, on its coming into force,

“ future relevant premises licence ”, in relation to an order, means a relevant premises licence granted on or after the coming into force of the order,

“ relevant premises licence ” means a premises licence authorising the supply of alcohol.

Section 20 Mandatory condition: exhibition of films

(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

(3) Where—

(a) the film classification body is not specified in the licence, or

(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

admission of children must be restricted in accordance with any recommendation made by that licensing authority.

(4) In this section—

“ children ” means persons aged under 18; and

“ film classification body ” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

Section 21 Mandatory condition: door supervision

(1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must

(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

(b) be entitled to carry out that activity by virtue of section 4 of that Act.

2 But nothing in subsection (1) requires such a condition to be imposed—

(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or

(b) in respect of premises in relation to—

(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

(3) For the purposes of this section—

(a) “ security activity ” means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act) and

(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

Section 22 Prohibited conditions: plays

(1) In relation to a premises licence which authorises the performance of plays, no condition may be attached to the licence as to the nature of the plays which may be performed, or the manner of performing plays, under the licence.

(2) But subsection (1) does not prevent a licensing authority imposing, in accordance with section 18(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which it considers appropriate on the grounds of public safety.

Section 23 Grant or rejection of application

(1) Where an application is granted under section 18, the relevant licensing authority must forthwith—

(a) give a notice to that effect to—

(i) the applicant,

(ii) any person who made relevant representations in respect of the application, and

(iii) the chief officer of police for the police area (or each police area) in which the premises are situated, and

(b) issue the applicant with the licence and a summary of it.

(2) Where relevant representations were made in respect of the application, the notice under subsection (1)(a) must state the authority’s reasons for its decision as to the steps (if any) to take under section 18(3)(b).

(3) Where an application is rejected under section 18, the relevant licensing authority must forthwith give a notice to that effect, stating its reasons for the decision, to—

(a) the applicant,

(b) any person who made relevant representations in respect of the application, and

(c) the chief officer of police for the police area (or each police area) in which the premises are situated.

(4) In this section “ relevant representations ” has the meaning given in section 18(6).

Section 24 Form of licence and summary

(1) A premises licence and the summary of a premises licence must be in the prescribed form.

(2) Regulations under subsection (1) must, in particular, provide for the licence to—

(a) specify the name and address of the holder;

(b) include a plan of the premises to which the licence relates;

(c) if the licence has effect for a limited period, specify that period;

(d) specify the licensable activities for which the premises may be used;

(e) if the licensable activities include the supply of alcohol, specify the name and address of the individual (if any) who is the premises supervisor in respect of the licence;

(f) specify the conditions subject to which the licence is issued .

Section 25 Theft, loss, etc. of premises licence or summary

(1) Where a premises licence or summary is lost, stolen, damaged or destroyed, the holder of the licence may apply to the relevant licensing authority for a copy of the licence or summary.

(2) Subsection (1) is subject to regulations under section 55(1) (fee to accompany applications).

(3) Where an application is made in accordance with this section, the relevant licensing authority must issue the holder of the licence with a copy of the licence or summary (certified by the authority to be a true copy) if it is satisfied that—

(a) the licence or summary has been lost, stolen, damaged or destroyed, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The copy issued under this section must be a copy of the premises licence or summary in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.

(5) This Act applies in relation to a copy issued under this section as it applies in relation to an original licence or summary.

Section 25A Grant of premises licence: supply of alcohol from community premises

(1) Where a management committee of community premises makes an application under section 17 for a premises licence authorising the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

(2) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

(3) In a case where an application under section 17 includes an application under subsection (1), sections 17 to 19 are modified as follows.

(4) Section 17 has effect as if subsections (3)(c) and (4)(e) were omitted.

(5) Section 18 has effect as if—

(a) subsection (4)(c) were omitted;

(b) in subsection (6)(c), the reference to the identity of the person named in the application as the proposed premises supervisor were to the inclusion of the alternative licence condition;

(c) in subsection (9)(b), the reference to the designation of the person concerned as the premises supervisor under the premises licence were to the inclusion of the alternative licence condition.

(6) Section 19 has effect as if at the end there were inserted—

(5) But where—

(a) the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and

(b) if any representations are made pursuant to section 18(6)(c), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be appropriate to promote the crime prevention objective,

the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 25A(2) instead.

Section 26 Period of validity of premises licence

(1) Subject to sections 27 and 28, a premises licence has effect until such time as—

(a) it is revoked under section 52, or

(b) if it specifies that it has effect for a limited period, that period expires.

(2) But a premises licence does not have effect during any period when it is suspended under section 52 or 55A .

Section 27 Death, incapacity, insolvency etc. of licence holder

(1) A premises licence lapses if the holder of the licence—

(a) dies,

(b) becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence,

(c) becomes insolvent,

(d) is dissolved, or

(e) if it is a club, ceases to be a recognised club.

(1A) A premises licence that authorises premises to be used for a licensable activity within section 1(1)(a) or (d) also lapses if the holder of the licence ceases to be entitled to work in the United Kingdom at a time when the holder of the licence is resident in the United Kingdom (or becomes so resident without being entitled to work in the United Kingdom).

(2) This section is subject to sections 47 and 50 (which make provision for the reinstatement of the licence in certain circumstances).

(3) For the purposes of this section, an individual becomes insolvent on—

(a) the approval of a voluntary arrangement proposed by him,

(b) being made bankrupt or having his estate sequestrated, or

(c) entering into ... a trust deed for his creditors.

(4) For the purposes of this section, a company becomes insolvent on—

(a) the approval of a voluntary arrangement proposed by its directors,

(b) the appointment of an administrator in respect of the company,

(c) the appointment of an administrative receiver in respect of the company, or

(d) going into liquidation.

(5) An expression used in this section and in the Insolvency Act 1986 (c. 45) has the same meaning in this section as in that Act.

Section 28 Surrender of premises licence

(1) Where the holder of a premises licence wishes to surrender his licence he may give the relevant licensing authority a notice to that effect.

(2) The notice must be accompanied by the premises licence or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.

(3) Where a notice of surrender is given in accordance with this section, the premises licence lapses on receipt of the notice by the authority.

(4) This section is subject to section 50 (which makes provision for the reinstatement in certain circumstances of a licence surrendered under this section).

Section 29 Application for a provisional statement where premises being built, etc.

(1) This section applies to premises which—

(a) are being or are about to be constructed for the purpose of being used for one or more licensable activities, or

(b) are being or are about to be extended or otherwise altered for that purpose (whether or not they are already being used for that purpose).

(2) A person may apply to the relevant licensing authority for a provisional statement if—

(a) he is interested in the premises, and

(b) where he is an individual, he is aged 18 or over.

(3) In this Act “ provisional statement ” means a statement issued under section 31(2) or (3)(c).

(4) Subsection (2) is subject to regulations under—

(a) section 54 (form etc. of applications etc.);

(b) section 55 (fees to accompany applications etc.).

(5) An application under this section must also be accompanied by a schedule of works.

(6) A schedule of works is a document in the prescribed form which includes—

(a) a statement made by or on behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are to be used,

(b) plans of the work being or about to be done at the premises, and

(c) such other information as may be prescribed.

(7) For the purposes of this Part, in relation to any premises in respect of which an application for a provisional statement has been made, references to the work being satisfactorily completed are to work at the premises being completed in a manner which substantially complies with the schedule of works accompanying the application.

Section 30 Advertisement of application for provisional statement

(1) This section applies where an application is made under section 29.

(2) The duty to make regulations imposed on the Secretary of State by section 17(5) (advertisement etc. of application) applies in relation to an application under section 29 as it applies in relation to an application under section 17.

(3) Regulations made under section 17(5)(a) by virtue of subsection (2) may, in particular, require advertisements to contain a statement in the prescribed form describing the effect of section 32 (restriction on representations following issue of a provisional statement).

Section 31 Determination of application for provisional statement

(1) This section applies where the relevant licensing authority—

(a) receives a provisional statement application, and

(b) is satisfied that the applicant has complied with any requirement imposed on him by virtue of section 30.

(2) Where no relevant representations are made, the authority must issue the applicant with a statement to that effect.

(3) Where relevant representations are made, the authority must—

(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary,

(b) determine whether, on the basis of those representations and the provisional statement application, it would consider it appropriate to take any steps under section 18(3)(b) if, on the work being satisfactorily completed, it had to decide whether to grant a premises licence in the form described in the provisional statement application, and

(c) issue the applicant with a statement which—

(i) gives details of that determination, and

(ii) states the authority’s reasons for its decision as to the steps (if any) that it would be appropriate to take under section 18(3)(b).

(4) The licensing authority must give a copy of the provisional statement to—

(a) each person who made relevant representations, and

(b) the chief officer of police for each police area in which the premises are situated.

(5) In this section “ relevant representations ” means representations—

(a) which are about the likely effect on the licensing objectives of the grant of a premises licence in the form described in the provisional statement application, if the work at the premises was satisfactorily completed, and

(b) which meet the requirements of subsection (6).

(6) The requirements are—

(a) that the representations are made by a responsible authority or other person within the period prescribed under section 17(5)(c) by virtue of section 30,

(b) that the representations have not been withdrawn, and

(c) in the case of representations made by a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(7) Where the authority determines for the purposes of subsection (6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

(8) In this section “ provisional statement application ” means an application made in accordance with section 29.

Section 32 Restriction on representations following provisional statement

(1) This section applies where a provisional statement has been issued in respect of any premises (“the relevant premises”) and a person subsequently applies for a premises licence in respect of—

(a) the relevant premises or a part of them, or

(b) premises that are substantially the same as the relevant premises or a part of them.

(2) Where—

(a) the application for the premises licence is an application for a licence in the same form as the licence described in the application for the provisional statement, and

(b) the work described in the schedule of works accompanying the application for that statement has been satisfactorily completed,

representations made by a person (“ the relevant person ”) in respect of the application for the premises licence are excluded representations for the purposes of section 18(6)(d) if subsection (3) applies.

(3) This subsection applies if—

(a) given the information provided in the application for the provisional statement, the relevant person could have made the same, or substantially the same, representations about that application but failed to do so, without reasonable excuse, and

(b) there has been no material change in circumstances relating either to the relevant premises or to the area in the vicinity of those premises since the provisional statement was made.

Section 33 Notification of change of name or address

(1) The holder of a premises licence must, as soon as is reasonably practicable, notify the relevant licensing authority of any change in—

(a) his name or address,

(b) unless the designated premises supervisor has already notified the authority under subsection (4), the name or address of that supervisor.

(2) Subsection (1) is subject to regulations under section 55(1) (fee to accompany application).

(3) A notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to produce the licence (or part).

(4) Where the designated premises supervisor under a premises licence is not the holder of the licence, he may notify the relevant licensing authority under this subsection of any change in his name or address.

(5) Where the designated premises supervisor gives a notice under subsection (4), he must, as soon as is reasonably practicable, give the holder of the premises licence a copy of that notice.

(6) A person commits an offence if he fails, without reasonable excuse, to comply with this section.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Section 34 Application to vary premises licence

(1) The holder of a premises licence may apply to the relevant licensing authority for variation of the licence.

(2) Subsection (1) is subject to regulations under—

(a) section 54 (form etc. of applications etc.);

(b) section 55 (fees to accompany applications etc.).

(3) An application under this section must also be accompanied by the premises licence (or the appropriate part of that licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).

(4) This section does not apply to an application within section 37(1) (application to vary licence to specify individual as premises supervisor).

(5) The functions of the Secretary of State under subsections (5) and (6) of section 17 (advertisements etc. of application) apply in relation to applications under this section as they apply in relation to applications under that section.

Section 35 Determination of application under section 34

(1) This section applies where the relevant licensing authority—

(a) receives an application, made in accordance with section 34, to vary a premises licence, and

(b) is satisfied that the applicant has complied with any requirement imposed on him by virtue of subsection (5) of that section.

(2) Subject to subsection (3) and section 36(6), the authority must grant the application.

(3) Where relevant representations are made, the authority must—

(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers appropriate for the promotion of the licensing objectives.

(4) The steps are—

(a) to modify the conditions of the licence;

(b) to reject the whole or part of the application;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

(5) In this section “ relevant representations ” means representations which—

(a) are about the likely effect of the grant of the application on the promotion of the licensing objectives, and

(b) meet the requirements of subsection (6).

(6) The requirements are—

(a) that the representations are made by a responsible authority or other person within the period prescribed under section 17(5)(c) by virtue of section 34(5),

(b) that they have not been withdrawn, and

(c) in the case of representations made by a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(7) Subsections (2) and (3) are subject to sections 19 to 21 (which require certain conditions to be included in premises licences).

Section 36 Supplementary provision about determinations under section 35

(1) Where an application (or any part of an application) is granted under section 35, the relevant licensing authority must forthwith give a notice to that effect to—

(a) the applicant,

(b) any person who made relevant representations in respect of the application, and

(c) the chief officer of police for the police area (or each police area) in which the premises are situated.

(2) Where relevant representations were made in respect of the application, the notice under subsection (1) must state the authority’s reasons for its decision as to the steps (if any) to take under section 35(3)(b).

(3) The notice under subsection (1) must specify the time when the variation in question takes effect.

That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.

(4) Where an application (or any part of an application) is rejected under section 35, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to—

(a) the applicant,

(b) any person who made relevant representations in respect of the application, and

(c) the chief officer of police for the police area (or each police area) in which the premises are situated.

(5) Where the relevant licensing authority determines for the purposes of section 35(6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(6) A licence may not be varied under section 35 so as—

(a) to extend the period for which the licence has effect, or

(b) to vary substantially the premises to which it relates.

(7) In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a premises licence so that it has effect subject to different conditions in respect of—

(a) different parts of the premises concerned;

(b) different licensable activities.

(8) In this section “ relevant representations ” has the meaning given in section 35(5).

Section 37 Application to vary licence to specify individual as premises supervisor

(1) The holder of a premises licence may—

(a) if the licence authorises the supply of alcohol, or

(b) if he has applied under section 34 to vary the licence so that it authorises such supplies,

apply to vary the licence so as to specify the individual named in the application (“the proposed individual”) as the premises supervisor.

(2) Subsection (1) is subject to regulations under—

(a) section 54 (form etc. of applications etc.);

(b) section 55 (fees to accompany applications etc.).

(3) An application under this section must also be accompanied by—

(a) a form of consent in the prescribed form given by the proposed individual, and

(b) the premises licence (or the appropriate part of that licence) or, if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).

(4) Notice of an application under this section must be given —

(a) to the chief officer of police for the police area (or each police area) in which the premises are situated, and

(b) to the designated premises supervisor (if there is one),

and that notice must state whether the application is one to which section 38 applies.

(4A) Notice under subsection (4)(a) is to be given by—

(a) the relevant licensing authority, in a case where the holder of the premises licence submitted the application to the relevant licensing authority by means of a relevant electronic facility;

(b) the holder of the premises licence, in any other case.

(4B) Notice under subsection (4)(b) is to be given by the holder of the premises licence.

(5) Where a chief officer of police notified under subsection (4) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.

(6) The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (4).

Section 38 Circumstances in which section 37 application given interim effect

(1) This section applies where an application made in accordance with section 37, in respect of a premises licence which authorises the supply of alcohol, includes a request that the variation applied for should have immediate effect.

(2) By virtue of this section, the premises licence has effect during the application period as if it were varied in the manner set out in the application.

(3) For this purpose “ the application period ” means the period which—

(a) begins when the application is received by the relevant licensing authority, and

(b) ends—

(i) if the application is granted, when the variation takes effect,

(ii) if the application is rejected, at the time the rejection is notified to the applicant, or

(iii) if the application is withdrawn before it is determined, at the time of the withdrawal.

Section 39 Determination of section 37 application

(1) This section applies where an application is made, in accordance with section 37, to vary a premises licence so as to specify a new premises supervisor (“the proposed individual”).

(2) Subject to subsection (3), the relevant licensing authority must grant the application.

(3) Where a notice is given under section 37(5) (and not withdrawn), the authority must—

(a) hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and

(b) having regard to the notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so.

(4) Where an application under section 37 is granted or rejected, the relevant licensing authority must give a notice to that effect to—

(a) the applicant,

(b) the proposed individual, and

(c) the chief officer of police for the police area (or each police area) in which the premises are situated.

(5) Where a chief officer of police gave a notice under subsection (5) of that section (and it was not withdrawn), the notice under subsection (4) of this section must state the authority’s reasons for granting or rejecting the application.

(6) Where the application is granted, the notice under subsection (4) must specify the time when the variation takes effect.

That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.

Section 40 Duty of applicant following determination under section 39

(1) Where the holder of a premises licence is notified under section 39(4), he must forthwith—

(a) if his application has been granted, notify the person (if any) who has been replaced as the designated premises supervisor of the variation, and

(b) if his application has been rejected, give the designated premises supervisor (if any) notice to that effect.

(2) A person commits an offence if he fails, without reasonable excuse, to comply with subsection (1).

(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 41 Request to be removed as designated premises supervisor

(1) Where an individual wishes to cease being the designated premises supervisor in respect of a premises licence, he may give the relevant licensing authority a notice to that effect.

(2) Subsection (1) is subject to regulations under section 54 (form etc. of notices etc.).

(3) Where the individual is the holder of the premises licence, the notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).

(4) In any other case, the individual must no later than 48 hours after giving the notice under subsection (1) give the holder of the premises licence—

(a) a copy of that notice, and

(b) a notice directing the holder to send to the relevant licensing authority within 14 days of receiving the notice—

(i) the premises licence (or the appropriate part of the licence), or

(ii) if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).

(5) A person commits an offence if he fails, without reasonable excuse, to comply with a direction given to him under subsection (4)(b).

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Where an individual—

(a) gives the relevant licensing authority a notice in accordance with this section, and

(b) satisfies the requirements of subsection (3) or (4),

he is to be treated for the purposes of this Act as if, from the relevant time, he were not the designated premises supervisor.

(8) For this purpose “ the relevant time ” means—

(a) the time the notice under subsection (1) is received by the relevant licensing authority, or

(b) if later, the time specified in the notice.

Section 41A Application for minor variation of premises licence

(1) Subject to subsection (3), the holder of a premises licence may apply under this section (instead of under section 34) to the relevant licensing authority for variation of the licence.

(2) Subsection (1) is subject to regulations under—

(a) section 54 (form etc. of applications etc. );

(b) section 55 (fees to accompany applications etc. ).

(3) An application may not be made under this section to vary a premises licence so as to—

(a) extend the period for which it has effect,

(b) vary substantially the premises to which it relates,

(c) specify an individual as the premises supervisor,

(d) add the supply of alcohol as an activity authorised by the licence,

(e) authorise—

(i) the supply of alcohol at any time between 11pm and 7am, or

(ii) an increase in the amount of time on any day during which alcohol may be sold by retail or supplied, or

(f) include the alternative licence condition referred to in section 41D(3).

(4) The duty to make regulations imposed on the Secretary of State by subsection (5)(a) of section 17 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.

Section 41B Determination of application under section 41A

(1) This section applies where the relevant licensing authority receives an application made under section 41A.

(2) In determining the application the authority must—

(a) consult such of the responsible authorities as it considers appropriate, and

(b) take into account any relevant representations—

(i) made by those authorities, or

(ii) made by any other person and received by the authority within ten working days beginning on the initial day.

(3) If the authority considers that—

(a) the variation proposed in the application could not have an adverse effect on the promotion of any of the licensing objectives, or

(b) if more than one variation is proposed, none of them, whether considered separately or together could have such an effect,

it must grant the application.

(4) In any other case the authority must reject the application.

(5) A determination under this section must be made within the period of fifteen working days beginning on the initial day.

(6) If at the expiry of the period referred to in subsection (5) the authority has not determined the application—

(a) the application is rejected, and

(b) the authority must forthwith return the fee that accompanied the application.

(7) But nothing in subsection (6) prevents the authority, with the agreement of the applicant, from treating—

(a) an application rejected by virtue of that subsection (“the first application”) as a new application made under section 41A,

(b) the prescribed fee that accompanied the first application as the prescribed fee accompanying a new application, or

(c) both.

(8) A new application of the kind referred to in subsection (7)(a) is to be treated as having been made on the date of the agreement referred to in that provision, or on such other date as is specified in the agreement.

(9) Any fee owed to an applicant under subsection (6) may be recovered as a debt due to the applicant.

(10) For the purposes of this section—

“ initial day ” in relation to an application means the first working day after the day on which the authority receives the application;

“ relevant representations ” in relation to an application means representations which are about the likely effect of the grant of the application on the promotion of the licensing objectives.

Section 41C Supplementary provision about determinations under section 41B

(1) Where an application is granted under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

(2) The notice under subsection (1) must specify—

(a) any variation of the premises licence which is to have effect as a result of the grant of the application, and

(b) the time at which that variation takes effect.

(3) The time referred to in subsection (2)(b) is the time specified in the application or, if that time is before the applicant is given the notice referred to in subsection (2), such later time as the authority specifies in the notice.

(4) Where an application is rejected under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

(5) The notice under subsection (4) must include a statement by the authority of the reasons for its decision.

Section 41D Variation of premises licence: supply of alcohol from community premises

(1) Where a management committee which holds a premises licence in respect of community premises makes an application under section 34 for variation of the licence so as to authorise the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

(2) A management committee which holds a premises licence in respect of community premises which includes the conditions in section 19(2) and (3) may make an application under section 34 for (or which includes an application for) variation of the licence to include the alternative licence condition instead of those conditions.

(3) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

(4) In a case where an application under section 34 includes an application under subsection (1), or is made pursuant to subsection (2), section 19 (as it applies by virtue of section 35(7)) and section 35 are modified as follows.

(5) Section 19 has effect as if at the end there were inserted—

(5) But where—

(a) the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and

(b) if any representations are made pursuant to section 35(5)(aa), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be appropriate to promote the crime prevention objective,

the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 41D(3) instead.

(6) Section 35 has effect as if—

(a) after subsection (5)(a) there were inserted—

(aa) if they relate to the inclusion of the alternative licence condition referred to in section 41D(3)—

(i) were made by the chief officer of police for a police area in which the premises are situated, and

(ii) include a statement that, due to the exceptional circumstances of the case, he is satisfied that including the alternative licence condition instead of the conditions in section 19(2) and (3) would undermine the crime prevention objective, and

(b) subsection (6)(c) were omitted.

Section 42 Application for transfer of premises licence

(1) Subject to this section, any person mentioned in section 16(1) (applicant for premises licence) may apply to the relevant licensing authority for the transfer of a premises licence to him.

(2) Where the applicant is an individual he must be aged 18 or over.

(2A) Where the applicant is an individual who is resident in the United Kingdom and the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d) he must also be entitled to work in the United Kingdom.

(3) Subsection (1) is subject to regulations under—

(a) section 54 (form etc. of applications etc.);

(b) section 55 (fees to accompany applications etc.).

(4) An application under this section must also be accompanied by the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.

(5) The relevant person must give notice of the application to the chief officer of police for the police area (or each police area) in which the premises are situated.

(5ZA) Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), the relevant person must also give notice of the application to the Secretary of State.

(5A) In subsections (5) and (5ZA) , “ relevant person ” means—

(a) the relevant licensing authority, in a case where the applicant submitted the application to the relevant licensing authority by means of a relevant electronic facility;

(b) the applicant, in any other case.

(6) Where a chief officer of police notified under subsection (5) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.

(7) The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (5).

(8) Where the Secretary of State is given notice under subsection (5ZA) and is satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the relevant licensing authority a notice stating the reasons for being so satisfied.

(9) The Secretary of State must give that notice within the period of 14 days beginning with the day on which the Secretary of State is notified of the application under subsection (5ZA).

Section 43 Circumstances in which transfer application given interim effect

(1) Where—

(a) an application made in accordance with section 42 includes a request that the transfer have immediate effect, and

(b) the requirements of this section are met,

then, by virtue of this section, the premises licence has effect during the application period as if the applicant were the holder of the licence.

(2) For this purpose “ the application period ” means the period which—

(a) begins when the application is received by the relevant licensing authority, and

(b) ends—

(i) when the licence is transferred following the grant of the application, or

(ii) if the application is rejected, when the applicant is notified of the rejection, or

(iii) when the application is withdrawn.

(3) Subject to subsections (4) and (5), an application within subsection (1)(a) may be made only with the consent of the holder of the premises licence.

(4) Where a person is the holder of the premises licence by virtue of an interim authority notice under section 47, such an application may also be made by that person.

(5) The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—

(a) that he has taken all reasonable steps to obtain that consent, and

(b) that, if the application were one to which subsection (1) applied, he would be in a position to use the premises during the application period for the licensable activity or activities authorised by the premises licence.

(6) Where the relevant licensing authority refuses to exempt an applicant under subsection (5), it must notify the applicant of its reasons for that decision.