Section 95 Financial penaltiesI1

England and Wales

I2(1)

A licensing authority may, in accordance with its licensing rules, impose on a licensed body, or a manager or employee of a licensed body, a penalty of such amount as it considers appropriate.

(2)

The amount must not exceed the maximum amount prescribed under subsection (3).

(3)

The Board must make rules prescribing the maximum amount of a penalty which may be imposed under this section.

(4)

Rules may be made under subsection (3) only with the consent of the Lord Chancellor.

(5)

A penalty under this section is payable to the licensing authority.

(6)

For the purposes of this section—

(a)

references to a licensed body are to a body which was a licensed body at the time the act or omission in respect of which the penalty is imposed occurred, and

(b)

references to a manager or employee of a licensed body are to a person who was a manager or employee of a licensed body at that time,

(whether or not the body subsequently ceased to be a licensed body or the person subsequently ceased to be a manager or employee).

(7)

In sections 96 and 97 references to a “penalty” are to a penalty under this section.

Annotations

Commencement

I1: S. 95 partly in force; s. 95 not in force at Royal Assent see s. 211; s. 95(3)(4) in force at 1.1.2009 by S.I. 2008/3149, art. 2(d)(i)
I2: S. 95(1)(2)(5)-(7) in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(c)