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(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 under section 18 of the Fire Precautions Act | |
1971 (c. 40), | 5 |
(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 | 10 |
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. | 15 |
(3) “Interested party” means any of the following— | |
(a) a person living in the vicinity of the premises, | |
(b) a body representing persons who live in that vicinity, | |
(c) a person involved in a business in that vicinity, | |
(d) a body representing persons involved in such businesses. | 20 |
(4) “Responsible authority” means any of the following— | |
(a) the chief officer of police for any police area in which the premises are | |
situated, | |
(b) the fire authority for any area in which the premises are situated, | |
(c) the enforcing authority within the meaning given by section 18 of the | 25 |
Health and Safety at Work etc. Act 1974 for any area in which the | |
premises are situated, | |
(d) 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 | 30 |
human health, | |
(e) any licensing authority (other than the relevant licensing authority) in | |
whose area part of the premises is situated, | |
(f) in relation to a vessel— | |
(i) a navigation authority (within the meaning of section 221(1) of | 35 |
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, | 40 |
(iii) the British Waterways Board, or | |
(iv) the Secretary of State, | |
(g) 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. | 45 |
14 Meaning of “supply of alcohol” | |
For the purposes of this Part the “supply of alcohol” means— | |
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(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. | |
15 Meaning of “designated premises supervisor” | |
(1) In this Act references to the “designated premises supervisor”, in relation to a | 5 |
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. | |
Grant of premises licence | 10 |
16 Applicant for premises licence | |
(1) 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, | 15 |
(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, | 20 |
(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 | 25 |
(c. 14) in respect of an independent hospital, | |
(h) a member of the armed forces of the Crown who is in command of a | |
naval, military or air force establishment, | |
(i) the chief officer of police of a police force in England and Wales, | |
(j) a person of such other description as may be prescribed. | 30 |
(2) But an individual may not apply for a premises licence unless he is aged 18 or | |
over. | |
(3) In this section— | |
“charity” has the same meaning as in section 96(1) of the Charities Act | |
1993 (c. 10); | 35 |
“educational institution” means— | |
(a) a school, or an institution within the further or higher education | |
sector, within the meaning of section 4 of the Education Act | |
1996 (c. 56), or | |
(b) a college (including any institution in the nature of a college), | 40 |
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); | |
“health service body” means— | |
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(a) an NHS trust established by virtue of section 5 of the National | |
Health Service and Community Care Act 1990 (c. 19), | |
(b) a Primary Care Trust established by virtue of section 16A of the | |
National Health Service Act 1977 (c. 49), or | |
(c) a Local Health Board established by virtue of section 16BA of | 5 |
that Act; | |
“independent hospital” has the same meaning as in section 2(2) of the | |
Care Standards Act 2000 (c. 14); | |
“proprietor”— | |
(a) in relation to a school within the meaning of section 4 of the | 10 |
Education Act 1996 (c. 56), has the same meaning as in section | |
579(1) of that Act, and | |
(b) 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 | 15 |
Act 1992 (c. 13); and | |
“statutory function” means a function conferred by or under any | |
enactment. | |
17 Application for premises licence | |
(1) An application for a premises licence must be made to the relevant licensing | 20 |
authority. | |
(2) Subsection (1) is subject to regulations under— | |
(a) section 53 (form etc. of applications etc.); | |
(b) section 54 (fees to accompany applications etc.). | |
(3) An application under this section must also be accompanied— | 25 |
(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 | 30 |
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— | 35 |
(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, | 40 |
(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 | 45 |
supervisor, | |
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(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, | 5 |
(h) such other matters as may be prescribed. | |
(5) Regulations may— | |
(a) require an applicant to advertise his application within the prescribed | |
period— | |
(i) in the prescribed form, and | 10 |
(ii) in a manner which is prescribed and is likely to bring the | |
application to the attention of the interested parties likely to be | |
affected by it; | |
(b) require an applicant to give notice of his application to each responsible | |
authority, and such other persons as may be prescribed, within the | 15 |
prescribed period; | |
(c) prescribe the period during which interested parties and responsible | |
authorities may make representations to the relevant licensing | |
authority about the application. | |
18 Determination of application for premises licence | 20 |
(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. | 25 |
(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 or 20 be included in the | 30 |
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 | 35 |
(b) having regard to the representations, take such of the steps mentioned | |
in subsection (4) (if any) as it considers necessary for the promotion of | |
the licensing objectives. | |
(4) The steps are— | |
(a) to grant the licence subject to— | 40 |
(i) the conditions mentioned in subsection (2)(a) modified to such | |
extent as the authority considers necessary for the promotion of | |
the licensing objectives, and | |
(ii) any condition which must under section 19 or 20 be included in | |
the licence; | 45 |
(b) to exclude from the scope of the licence any of the licensable activities | |
to which the application relates; | |
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(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. | 5 |
(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), | 10 |
(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 31 (restriction on | |
making representations following issue of provisional statement). | 15 |
(7) The requirements of this subsection are— | |
(a) that the representations were made by an interested party or | |
responsible authority within the period prescribed under section | |
17(5)(c), | |
(b) that they have not been withdrawn, and | 20 |
(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. | |
(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 | 25 |
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 | 30 |
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— | 35 |
(a) different parts of the premises concerned; | |
(b) different licensable activities. | |
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. | 40 |
(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 | 45 |
personal licence or his personal licence is suspended. | |
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(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. | |
20 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 | 5 |
licence must include a condition that each such individual must be licensed by | |
the Security Industry Authority. | |
(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 | 10 |
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 | 15 |
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 | 20 |
Schedule applies, 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. | |
21 Prohibited conditions: plays | 25 |
(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), 34(3)(b) or 51(3), any condition which | 30 |
it considers necessary on the grounds of public safety. | |
22 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— | 35 |
(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 | 40 |
(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). | |
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(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 | 5 |
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). | 10 |
23 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— | 15 |
(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 | 20 |
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 has effect. | |
24 Theft, loss, etc. of premises licence or summary | |
(1) Where a premises licence or summary is lost, stolen, damaged or destroyed, | 25 |
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 54(1) (fee to accompany | |
applications). | |
(3) Where an application is made in accordance with this section, the relevant | 30 |
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, | |
and | 35 |
(b) where it has been lost or stolen, the holder has reported that loss or theft | |
to the police. | |
(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. | 40 |
(5) This Act applies in relation to a copy issued under this section as it applies in | |
relation to an original licence or summary. | |
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