# English Devolution and Community Empowerment Act 2026, Paragraph 15

Extent: E+W

After section 41 insert—
“Power of Mayor of London to determine applications to vary
Power of the Mayor of London to determine applications to vary
41ZA (1) This section applies where, on an application to vary of potential strategic importance to Greater London, a London licensing authority—
(a) grants an application to vary a premises licence in whole under section 35 and modifies the conditions of the licence under subsection (4)(a) of that section,
(b) rejects an application to vary a premises licence in whole under section 35(4)(b), or
(c) rejects an application to vary a premises licence in part under section 35(4)(b) and grants the other part (whether with or without modifying the conditions of the licence).
(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 application in whole and modify the conditions of the licence and the reasons for doing so (including the detail of the modifications made),
(b) its decision to reject the application in whole and the reasons for doing so, or
(c) its decision to reject part of the application and to grant the other part with or without modifying the conditions of the licence, and the reasons for doing so (including the detail of any modifications made).
(3) But the decision of the London licensing authority in relation to the application does not otherwise have effect unless and until—
(a) the Mayor of London gives notice under subsection (8) of a decision under subsection (7)(b), or
(b) the obligations on the Mayor of London under subsection (7) of this section or section 41ZB cease to apply (see section 41ZC).
(4) Accordingly, the London licensing authority must not take any steps under this Act in relation to the decision (including taking steps under section 56) unless and until the circumstances in subsection (3)(a) or (b) apply.
(5) Where the decision of the London licensing authority has effect by virtue of subsection (3)(b), that decision is to take effect as subject to the intervening decision made by the authority in relation to the licence (see section 41ZC(2)(a)).
(6) For the purpose of supplementing subsection (5), the Secretary of State may by regulations make provision modifying any provision of this Act as it applies to a decision of the London licensing authority that has effect by virtue of subsection (3)(b).
(7) 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 41ZB), or
(b) that the decision of the London licensing authority in relation to the application has effect for the purposes of this Act (and, accordingly, any requirements in relation to that decision now apply).
(8) The Mayor of London must give notice of the Mayor’s decision under subsection (7) to—
(a) each interested party;
(b) any person who made relevant representations in relation to the application under section 35.
(9) On receipt of a notice under subsection (8), the London licensing authority must as soon as reasonably practicable advertise the decision of the Mayor.
(10) The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (9) must be made.
(11) In this section—
“application to vary of potential strategic importance to Greater London” means an application to vary a premises licence that has been notified to the London licensing authority by the Greater London Authority under section 34A(3) as being of potential strategic importance to Greater London;
“interested party” has the same meaning as in section 34A;
“specified” means specified in regulations made by the Secretary of State.
Directions by the Mayor of London
41ZB (1) Where section 41ZA(7)(a) applies the Mayor of London must direct the London licensing authority—
(a) to grant the application in whole with or without such permitted modifications to the conditions of the licence as may be specified in the direction,
(b) to reject the application in whole, or
(c) to grant part of the application with or without such permitted modifications to the conditions of the licence as may be specified in the direction (and to reject the other part of the application).
(2) The Mayor may only give a direction to the London licensing authority under subsection (1)(b) or (c) to reject the application in whole or in part if the application, or that part of the application, was rejected by the authority under section 35(4)(b).
(3) The London licensing authority must grant or reject the application in accordance with the direction given under subsection (1).
(4) Subsection (1)(a) and (c) are subject to sections 19 to 21 (which require certain conditions to be included in premises licences).
(5) A direction under this section may not require a licence to be varied so as—
(a) to extend the period for which the licence has effect, or
(b) to vary substantially the premises to which it relates.
(6) Directions given under subsection (1)(a) or (c) may have the effect of requiring a premises licence to be varied so as to have effect subject to different conditions in respect of—
(a) different parts of the premises concerned;
(b) different licensable activities.
(7) 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.
(8) A direction under this section must state the Mayor’s reasons for giving that direction.
(9) For the purposes of subsection (1)(a) and (c), the conditions are modified if any of them is altered or omitted or any new condition is added.
(10) For the purposes of subsection (1)(a) or (c), a modification to a condition is “permitted” if—
(a) the condition was modified by the London licensing authority when granting the application in whole or in part under section 35(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 (11)), or
(b) the condition relates to an application, or part of an application, that was rejected by the London licensing authority under subsection 35(4)(b).
(11) The Mayor may not make a modification to a condition under subsection (10)(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 35(4)(a).
Intervening decision by a London licensing authority
41ZC (1) The obligations on the Mayor of London under section 41ZA(7) or 41ZB in relation to an application to vary of potential strategic importance to Greater London cease to apply if the conditions in subsection (2) are met in relation to the obligation in question.
(2) The conditions in this subsection are met if—
(a) the London licensing authority that made the decision under section 35 in relation to the application to vary the premises licence has, before the relevant time, made an intervening decision in relation to the licence, and
(b) the authority has given notice of that decision to the Mayor of London.
(3) In this section, an “intervening decision” means a decision—
(a) to take any of the steps under section 52(4) on an application for review of the licence;
(b) to take any of the steps under section 53C(3) on an application by a senior police officer for review of the licence;
(c) to take any of the steps under section 167(6) on a review of the licence following a closure order.
(4) The “relevant time” for the purposes of subsection (2)(a)—
(a) in relation to the obligation to make a decision under section 41ZA(7), is the time at which the Mayor makes the decision,
(b) in relation to an obligation to give a direction under section 41ZB, is the time at which the direction is given.
Notification by the London licensing authority
41ZD (1) A London licensing authority that grants an application (or any part of an application) on a direction under section 41ZB must as soon as possible give notice to that effect to—
(a) the applicant,
(b) each responsible authority in relation to the premises to which the application relates,
(c) any person who made relevant representations under section 35 in respect of the application, and
(d) the chief officer of police for the police area (or each police area) in which the premises are situated.
(2) The notice under subsection (1) must—
(a) specify the time when any variation takes effect, and
(b) specify any modifications to conditions of the licence.
(3) The time for the purposes of subsection (2) is the time specified in the application or, if that time is before the applicant is given notice under this section, such later time as the London licensing authority specifies in the notice.
(4) A London licensing authority that rejects an application (or any part of an application) on a direction under section 41ZB must as soon as possible give notice to that effect to—
(a) the applicant,
(b) each responsible authority in relation to the premises to which the application relates,
(c) any person who made relevant representations under section 35 in respect of the application, and
(d) the chief officer of police for the police area (or each police area) in which the premises are situated.
(5) A notice under subsection (1) or (4) must state the Mayor’s reasons for giving the direction as notified to the London licensing authority under section 41ZB(8).”

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Source: https://www.legislation.gov.uk/ukpga/2026/23/schedule/26/paragraph/15 (the official version)
Page: https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026/schedule-26/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.