Section 80 Responsible licensing authority’s response to suspension of licenceI1
England and Wales Not yet in force
This section applies if an enforcement officer gives a suspension notice in respect of a licence (the “suspended licence”).
If the suspending authority is not the responsible licensing authority, this section does not apply unless the notification required by section 79 has been given.
The responsible licensing authority must—
terminate the suspension,
extend the period of suspension, or
allow the suspension to cease to have effect at the end of the period of suspension.
The responsible licensing authority must notify the holder of the suspended licence of—
the authority’s decision under subsection (3), and
any further extension of the period of suspension.
If the responsible licensing authority does not terminate the suspension, it may also notify the holder of any steps which would (if taken) result in the suspension being terminated.
After making the decision under subsection (3), the responsible licensing authority must decide whether and how to exercise its other functions as a licensing authority in relation to the suspended licence.
If the suspending authority is not the responsible licensing authority, the responsible licensing authority must notify the suspending authority of—
any decision by the responsible licensing authority under subsection (3);
any further extension of the period of suspension;
any decision by the responsible licensing authority under subsection (6).
The regulations may, in particular, make provision about the period within which those decisions must be made.
The Secretary of State may, by regulations, make provision about the extension of periods of suspension.
The regulations may, in particular, make provision about—
the length by which periods of suspension may be extended under subsection (3);
whether and how, and the length by which, periods of suspension may be extended more than once.
The Secretary of State may, by regulations, make provision about—
the form or contents of notifications under this section;
the period within which notifications under this section are to be given;
the manner in which notifications under this section are to be given.
In this section—
-
“period of suspension” means—
- (a)
the period of suspension under section 76(5), or
- (b)
if that period has been extended under this section, that extended period;
- (a)
-
“suspended licence” has the meaning given in subsection (1);
-
“suspending authority”, in relation to the suspended licence, means the licensing authority which appointed or authorised the enforcement officer who suspended the licence.
Annotations
Commencement
- I1
S. 80 not in force at Royal Assent, see s. 108(2)(6)