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Duration of licence | |
25 Period of validity of premises licence | |
(1) Subject to sections 26 and 27, a premises licence has effect until such time as— | |
(a) it is revoked under section 51, or | |
(b) if it specifies that it has effect for a limited period, that period expires. | 5 |
(2) But a premises licence does not have effect during any period when it is | |
suspended under section 51. | |
26 Death, incapacity, insolvency etc. of licence holder | |
(1) A premises licence lapses if the holder of the licence— | |
(a) dies, | 10 |
(b) becomes mentally incapable (within the meaning of section 13(1) of the | |
Enduring Powers of Attorney Act 1985 (c. 29)), | |
(c) becomes insolvent, | |
(d) is dissolved, or | |
(e) if it is a club, ceases to be a recognised club. | 15 |
(2) This section is subject to sections 46 and 49 (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 adjudged bankrupt or having his estate sequestrated, or | 20 |
(c) entering into a deed of arrangement made for the benefit of his | |
creditors or 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, | 25 |
(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. | 30 |
27 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. | 35 |
(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 49 (which makes provision for the | |
reinstatement in certain circumstances of a licence surrendered under this | |
section). | 40 |
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Provisional statement | |
28 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 | 5 |
(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 | 10 |
(b) where he is an individual, he is aged 18 or over. | |
(3) In this Act “provisional statement” means a statement issued under section | |
30(2) or (3)(c). | |
(4) Subsection (2) is subject to regulations under— | |
(a) section 53 (form etc. of applications etc.); | 15 |
(b) section 54 (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 | 20 |
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 | 25 |
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. | |
29 Advertisement of application for provisional statement | 30 |
(1) This section applies where an application is made under section 28. | |
(2) The power to make regulations under section 17(5) (advertisement etc. of | |
application) applies in relation to an application under section 28 as it applies | |
in relation to an application under section 17. | |
(3) Regulations made by virtue of subsection (2) may, in particular, require | 35 |
advertisements to contain a statement in the prescribed form describing the | |
effect of section 31 (restrictions on representations following issue of a | |
provisional statement). | |
30 Determination of application for provisional statement | |
(1) This section applies where the relevant licensing authority— | 40 |
(a) receives a provisional statement application, and | |
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(b) is satisfied that the applicant has complied with any requirement | |
imposed on him by virtue of section 29. | |
(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— | 5 |
(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 necessary to | 10 |
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 | 15 |
(ii) states the authority’s reasons for its decision as to the steps (if | |
any) that it would be necessary 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 | 20 |
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, | 25 |
and | |
(b) which meet the requirements of subsection (6). | |
(6) The requirements are— | |
(a) that the representations are made by an interested party or responsible | |
authority within the period prescribed under section 17(5)(c) by virtue | 30 |
of section 29, | |
(b) that the representations have not been withdrawn, and | |
(c) in the case of representations made by an interested party (who is not | |
also a responsible authority) that they are not, in the opinion of the | |
relevant licensing authority, frivolous or vexatious. | 35 |
(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 28. | 40 |
31 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 | 45 |
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(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 | 5 |
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 | 10 |
purposes of section 18(6)(c) 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 | 15 |
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. | |
Duty to notify certain changes | 20 |
32 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 | 25 |
authority under subsection (4), the name or address of that supervisor. | |
(2) Subsection (1) is subject to regulations under section 54(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 | 30 |
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), | 35 |
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 | 40 |
conviction to a fine not exceeding level 2 on the standard scale. | |
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