ukpga/2003/17 — Licensing Act 2003

Licensing Act 2003 2003 c. 17 An Act to make provision about the regulation of the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment, about offences relating to alcohol and for connected purposes. [10th July 2003] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part 1 Licensable activities Licensable activities and qualifying club activities 1 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). Authorisation for licensable activities and qualifying club activities 2 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. Part 2 Licensing authorities The authorities Licensing authorities 3 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. 1A In this Act, “ London licensing authority ” means each of the following licensing authorities— a the council of a London borough, b the Common Council of the City of London, c the Sub-Treasurer of the Inner Temple, or d the Under-Treasurer of the Middle Temple. 2 For the purposes of this Act, a licensing authority’s area is the area for which the authority acts. Functions of licensing authorities etc. General duties of licensing authorities 4 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. 4 In carrying out its licensing functions, a London licensing authority must also have regard to the licensing policy statement published by the Mayor of London under section 8A. Statement of licensing policy 5 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. 3A Before determining or revising its policy for a five year period, a London licensing authority must also consult the Mayor of London. 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). Cumulative impact assessments 5A 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. Licensing committees 6 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. Exercise and delegation of functions 7 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. Requirement to keep a register 8 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, 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). Greater London strategic licensing policy 8A 1 The Mayor of London must in respect of each five year period— a determine a policy in relation to the carrying out of relevant licensable activities in Greater London, and b publish a statement of that policy before the beginning of the period. 2 The Mayor may replace a policy under subsection (1) in respect of a period, with effect from any date during that period, by— a determining a policy in relation to the carrying out of relevant licensable activities in Greater London in respect of a period of five years beginning with that date, and b publishing a statement of that policy before that date. 3 Before determining a policy under this section, the Mayor must consult— a the chief officer of police for the area of each London licensing authority, b each Local Health Board for an area any part of which is in the area of a London licensing authority, c such persons as the Mayor considers to be representative of holders of premises licences issued by each London licensing authority, d such other persons as the Mayor considers to be representative of businesses and residents in the area of each London licensing authority, e the Secretary of State, f each London licensing authority. 4 During each five year period, the Mayor must keep its policy in respect of that period under review and make such revisions to the policy, at such times, as the Mayor considers appropriate. 5 Subsection (3) applies in relation to any revision of a policy under this section as it applies in relation to the original determination of a policy. 6 Where revisions are made, the Mayor must publish a statement of the revisions or the revised policy. 7 In determining a policy under this section, or making revisions to such a policy, the Mayor must have regard to— a the primary importance of promoting the licensing objectives, and b any requirements imposed on licensing authorities when carrying out their licensing functions. 8 In determining or revising a policy under this section, the Mayor must have regard to any cumulative impact assessments published by a London licensing authority in accordance with section 5A. 9 A statement of a policy under this section must specify the five year period to which it relates. 10 Regulations may make provision about the determination and revision of policies, and the preparation and publication of policy statements, under this section. 11 The requirement to consult in subsection (3) in relation to a policy for the first five year period may be met by consultation carried out before this section comes into force. 12 In this section, references to “relevant licensable activities” are to— a the sale by retail of alcohol, b the provision of regulated entertainment, and c the provision of late night refreshment. 13 In this section, “ five year period ” means— a if paragraph (b) does not apply, the period of five years beginning 6 months after this section comes into force or with such earlier date as the Mayor may determine, and each subsequent period of five years, or b if the Mayor has published a statement of policy under subsection (2), the period of five years to which the most recently published such statement relates, and each subsequent period of five years. Licensing committees Proceedings of licensing committee 9 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. Sub-delegation of functions by licensing committee etc. 10 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), 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. 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. Part 3 Premises licences Introductory Premises licence 11 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. The relevant licensing authority 12 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. Authorised persons ... and responsible authorities 13 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, hb where the premises are situated in Greater London, the Greater London Authority, 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. Meaning of “supply of alcohol” 14 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. Meaning of “designated premises supervisor” 15 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. Grant of premises licence Applicant for premises licence 16 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. Application for premises licence 17 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. Licence applications of potential strategic importance: Greater London 17A 1 A London licensing authority must as soon as possible give notice to the Greater London Authority of any application made to it under section 17 that is a relevant licence application. 2 A “relevant licence application” is an application for a premises licence in Greater London which would authorise the premises to be used for one or more of the following activities— a the sale by retail of alcohol; b the provision of regulated entertainment; c the provision of late night refreshment. 3 The Greater London Authority must give notice to each interested party if the Authority considers that the relevant licence application is an application of potential strategic importance to Greater London. 4 On receipt of a notice under subsection (3), the London licensing authority must as soon as reasonably practicable advertise the determination of the Greater London Authority. 5 The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (4) is to be made. 6 For the purposes of subsection (3),“application of potential strategic importance to Greater London” is to be interpreted in accordance with regulations made by the Secretary of State. 7 In this section, an “ interested party ” in relation to an application means— a the London licensing authority that the application was made to; b the applicant; c each responsible authority in relation to the premises to which the application relates. Determination of application for premises licence 18 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. 9A Where a London licensing authority is to hold a hearing in accordance with subsection (3) in relation to an application of potential strategic importance to Greater London, the authority must give to the Greater London Authority— a in advance of the hearing, specified information relating to the hearing within the specified period; b following the hearing, specified information relating to the hearing within the specified period. 9B In subsection (9A)— “ application of potential strategic importance to Greater London ” means a licence application that has been notified to the London licensing authority by the Greater London Authority under section 17A(3) as being of potential strategic importance to Greater London; “ specified ” means specified in regulations made by the Secretary of State. 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. Mandatory conditions where licence authorises supply of alcohol 19 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. Power of Secretary of State to impose section 19(4) mandatory conditions 19A 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. Mandatory condition: exhibition of films 20 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). Mandatory condition: door supervision 21 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. Prohibited conditions: plays 22 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 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 or, b the Mayor of London directing a London licensing authority under section 25C(1)(a)(i) or (b)(i), or section 41ZB(1)(a) or (c) to impose conditions which the Mayor considers appropriate on the grounds of public safety. Grant or rejection of application 23 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). 2A Where an application of potential strategic importance to Greater London is granted with no steps taken under section 18(4)(a) to (c) in relation to the licence, the relevant licensing authority must as soon as possible give notice to that effect to the Greater London Authority. 2B Subsection (2A) does not apply if the Greater London Authority made relevant representations in respect of the application. 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 “ application of potential strategic importance to Greater London ” means a licence application that has been notified to a London licensing authority by the Greater London Authority under section 17A(3) as being of potential strategic importance to Greater London; “ relevant representations ” has the meaning given in section 18(6). Form of licence and summary 24 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 ; g if it is issued on a direction from the Mayor of London, specify this. Theft, loss, etc. of premises licence or summary 25 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. Grant of premises licence: supply of alcohol from community premises 25A 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. . Power of Mayor of London to determine licence applications Power of the Mayor of London to determine applications 25B 1 This section applies where on an application of potential strategic importance to Greater London a London licensing authority— a grants a premises licence having taken one or more of the steps under section 18(4)(a) to (c) in relation to the licence, or b rejects the application to grant a premises licence under section 18(4)(d). 2 The London licensing authority must as soon as possible give notice to the applicant and the Greater London Authority of— a its decision to grant the premises licence and the steps, and reasons for the steps, taken under section 18(4)(a) to (c) in relation to the licence (including the detail of any modifications made to conditions under section 18(4)(a)), or b its decision to reject the application under section 18(4)(d) and the reasons for doing so. 3 But the decision of the London licensing authority in relation to the application does not otherwise have effect unless and until the Mayor of London gives notice under subsection (6) of a decision under subsection (5)(b). 4 Accordingly, the London licensing authority must not take any steps under this Act in relation to the decision (including giving notice under section 23) unless and until such a notice is given. 5 The Mayor of London must by the end of the specified period decide— a to give a direction to the London licensing authority in relation to the application (see section 25C), or b that the decision of the London licensing authority in relation to the application is to have effect for the purposes of this Act (and, accordingly, any requirements in relation to that decision now apply). 6 The Mayor of London must give notice of the Mayor’s decision under subsection (5) to— a each interested party; b any person who made relevant representations in relation to the application under section 18. 7 On receipt of a notice under subsection (6), the London licensing authority must as soon as reasonably practicable advertise the decision of the Mayor. 8 The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (7) is to be made. 9 In this section— “ application of potential strategic importance to Greater London ” means an application that has been notified to a London licensing authority by the Greater London Authority under section 17A(3) as being of potential strategic importance to Greater London; “ interested party ” has the same meaning as in section 17A (see subsection (7) of that section); “ specified ” means specified in regulations made by the Secretary of State. Directions by the Mayor of London 25C 1 Where section 25B(5)(a) applies the Mayor of London must direct the London licensing authority— a to grant the licence in accordance with the application subject only to— i such conditions specified in the direction as are consistent with the operating schedule accompanying the application, and ii any conditions which must under section 19, 20 or 21 be included in the licence, b to grant the licence subject to— i the conditions mentioned in subsection (1)(a)(i) with such permitted modifications as may be specified in the direction, and ii any condition which must under section 19, 20 or 21 be included in the licence, c to grant the licence in accordance with paragraph (a) or (b), but to also do one or both of the following— i exclude from the scope of the licence any of the licensable activities which were excluded by the decision of the London licensing authority in relation to the application under section 18(4)(b); ii refuse to specify a person in the licence as the premises supervisor where the London licensing authority refused to specify that person in their decision in relation to the application under section 18(4)(c), or d to reject the application. 2 The Mayor may only give a direction to the London licensing authority under subsection (1)(d) to reject the application if the application was rejected by the authority under section 18(4)(d). 3 The London licensing authority must grant the licence or reject the application in accordance with the direction given under subsection (1). 4 When giving a direction under this section the Mayor must have regard to— a the licensing policy statement published by the Mayor under section 8A, and b the importance of promoting the licensing objectives. 5 Directions given under subsection (1)(a) or (b) may have the effect of requiring a premises licence to be granted subject to different conditions in respect of— a different parts of the premises concerned; b different licensable activities. 6 A direction under this section must state the Mayor’s reasons for giving the direction. 7 For the purposes of subsection (1)(b)(i) the conditions mentioned in subsection (1)(a)(i) are modified if any of them is altered or omitted or any new condition is added. 8 For the purposes of subsection (1)(b)(i), a modification to a condition is “permitted” if— a the condition was modified by the London licensing authority when granting the licence under section 18(4)(a), and the modification is— i the same as that modification, or ii in the Mayor’s opinion less restrictive than that modification (but see subsection (9)), or b the condition relates to an application that was rejected by the London licensing authority under section 18(4)(d). 9 The Mayor may not make a modification to a condition under subsection (8)(a)(ii) if the effect of the modification would be that the condition would apply to a different part of the premises, or to different licensable activities, than that it applied to as modified by the London licensing authority under section 18(4)(a). Issue of licence etc by licensing authority 25D 1 A London licensing authority that grants a licence on a direction under section 25C(1)(a) to (c) must as soon as possible— a give notice that the licence is granted to— i the applicant, ii each responsible authority in relation to the premises to which the application relates, iii any person who made relevant representations under section 18 in respect of the application, and iv 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 A London licensing authority that rejects an application