OpenLegislation

Section 165 Rejection of applicationI1I2I3I4

(1)

Where a licensing authority reject an application for a premises licence they shall as soon as is reasonably practicable give notice of the rejection to—

(a)

the applicant,

(b)

the Commission,

(c)

any person who made representations about the application under section 161,

(d)

either—

(i)

in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or

(ii)

in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

(e)

Her Majesty's Commissioners of Customs and Excise.

(2)

A notice under subsection (1)—

(a)

must be in the prescribed form, and

(b)

must give the authority's reasons for rejecting the application.

(3)

In this section “prescribed” means—

(a)

in relation to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and

(b)

in relation to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

Annotations

Commencement

I1

S. 165 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I2

S. 165 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(2)(3), Sch. 2, Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I3

S. 165 in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

I4

S. 165 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.

Notes on Part 8

Modifications

C1

Pt. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 54-66 (as amended (16.8.2007) by S.I. 2007/2169, art. 11)

C2

Pt. 8 modified by S.I. 2006/3272, art. 8(1)(3) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)