The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009

• Citation: S.I. 2009/3159
• Sections: 10

Section 1 Citation and commencement

These Regulations may be cited as the Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009 and come into force immediately after the Provision of Services Regulations 2009 .

Section 2 Amendment of the 2005 Regulations

The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 are amended as set out in regulations 3 to 10.

Section 3 Interpretation

In regulation 2(1)—

(a) in the definition of “notice”, before “means” insert “(except in regulation 39B)”;

(b) after the definition of “prescribed fee” insert—

“relevant electronic facility” means the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009 or any facility established and maintained by a licensing authority for the purpose of receiving applications, notices or representations electronically;

(c) in the definition of “second appointed day” for “; and” substitute “.”;

(d) omit the definition of “standard scale”.

Section 4 Applications, notices and representations

For regulation 21 substitute—

Applications, notices and representations

(21) Subject to regulations 21A and 21B an application, notice or representations (other than representations of the kind referred to in section 41B(2)(b)(i) or 86B(2)(b)(i)) must be given in writing.

Section 5 Applications, notices and representations

After regulation 21 insert—

Applications and notices given by means of relevant electronic facility

(21A)

(1) The requirement in regulation 21 is satisfied in relation to an application or notice if the information comprising the application or notice is transmitted to the recipient by means of a relevant electronic facility.

(2) A plan or other document that accompanies an application or notice, and which is capable of being transmitted by means of a relevant electronic facility, may be transmitted to the recipient by means of that facility, together with the application or notice.

(3) Subject to paragraph (4) where information comprising an application or notice is transmitted by means of a relevant electronic facility the application or notice is to be taken as given at the time the information comprising it, and any accompanying plan or document, becomes accessible to the recipient by means of that facility.

(4) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.

Applications, notices and representations given by other electronic means

(21B)

(1) In the case of an application for review under section 51 or section 87, or of representations, the requirement in regulation 21 is satisfied if—

(a) the information comprising the application or representations is—

(i) transmitted by electronic means (other than a relevant electronic facility),

(ii) capable of being accessed by the recipient,

(iii) clear and legible in all material respects, and

(iv) capable of being—

(aa) read and reproduced in written form, and

(bb) used for subsequent reference

by the recipient;

the person to whom the application is to be given, or to whom the representations are to be made has agreed in advance to the use of electronic means for that purpose; and

forthwith on sending the information comprising the application or representations by electronic means the application is, or the representations are, given to the recipient in writing.

(2) Paragraph (1)(c) does not apply in respect of an application or representations if the recipient has agreed in advance that the application or representations need not be given in writing.

(3) A plan or other document that accompanies an application given or representations made pursuant to paragraph (1) may be given by electronic means, provided that the requirements of that paragraph are met in relation to the information contained in the plan or document.

(4) Subject to paragraph (5), where information comprising an application or representations (“the information”) is transmitted by electronic means pursuant to paragraph (1) the application is, or the representations are, to be taken as given at the time the requirements of paragraph (1)(a) and (b) are satisfied with respect to—

(a) the information, and

(b) any accompanying plan or document.

(5) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.

Section 6 Plans

For paragraph (2) of regulation 23 substitute—

(2) The information contained in the plan must be clear and legible in all material respects.

Section 7 Advertisement of applications: minor variations

In regulation 26A—

(a) the second subparagraph numbered (b)(v) is renumbered (b)(vii);

(b) the second subparagraph numbered (b)(vi) is renumbered (b)(viii);

(c) in paragraph (3) omit “the day on which”.

Section 8 Notice to responsible authority

(1) For regulation 27 substitute—

Notice to responsible authority: applications made by means of relevant facility

(27)

(1) Where—

(a) an application to which this regulation applies is made by means of a relevant electronic facility, and

(b) any plan or document required to accompany the application is given by means of that facility,

the relevant licensing authority must, no later than the first working day after the application was given to the authority, give notice of the application to each responsible authority by giving each authority a copy of the application together with any accompanying plan or document.

(2) This regulation applies to an application for—

(a) a premises licence under section 17;

(b) a provisional statement under section 29;

(c) variation of a premises licence under section 34;

(d) minor variation of a premises licence under section 41A

(e) a club premises certificate under section 71;

(f) variation of a club premises certificate under section 84;

(g) minor variation of a club premises certificate under section 86A.

(2) After regulation 27 insert—

Notice to responsible authority: other cases

(27A) In the case of—

(a) an application of a kind referred to in regulation 27(2) made otherwise than as described in regulation 27(1), or

(b) an application for a review under section 51 or section 87,

the person making the application must give notice of the application to each responsible authority by giving each authority a copy of the application together with its accompanying plan, document or other information on the same day as the day on which the application is given to the relevant licensing authority.

Section 9 Notice to chief officer of police etc.

In regulation 28—

(a) in paragraph (1) for “In” substitute “Subject to paragraph (1A), in”;

(b) after paragraph (1) insert—

(1A) But where an application or notice is given by means of a relevant electronic facility the relevant licensing authority must (and the person making the application need not) give a copy of the application or notice, together with its accompanying documents (if any) to the chief officer of police on the first working day after the application was given to the authority.

(c) for paragraph (3) substitute—

(3) A person who makes an application of the kind referred to in paragraph (2)(b) must give the designated premises supervisor (if any) a copy of the application together with its accompanying documents (if any) on the same day as the application is given to relevant licensing authority.

Section 10 Notices etc given by licensing authority

After regulation 39A insert—

Notices given by licensing authority: applications given by means of relevant electronic facility

(39B)

(1) Where a notice or statement to which this regulation applies is given by a relevant licensing authority in connection with an application made in accordance with regulation 21A, the notice must be given by means of the relevant electronic facility through which the application was transmitted to the authority.

(2) This regulation applies to—

(a) a notice given to an applicant under section 23(1)(a)(i) or (3)(a), 36(1)(a) or (4)(a), 39(4)(a), 41C, 44(7), 45(1)(a), 50(6)(a), 77(1)(a)(i) or (3)(a), 86(1)(a) or (4)(a) or 86C;

(b) a statement issued to an applicant under section 31(2) or (3)(c);

(c) a notice given to a club under section 63(3).