OpenLegislation

The Licensing Act 2003 (Miscellaneous Amendments) Regulations 2017

S.I. 2017/411 · Made 14 March 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Licences And Licensing

Made 14th March 2017

Laid before Parliament 16th March 2017

Coming into force 6th April 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 25A(1)f1, 37(3)(a), 47(2), 54, 71(5), 91, 100(4) and (5)f2, 104A(2)(a)f3, 106A(4)(a)f4, 107(7), 125(4), 133, 169A(3), 178(1)(b), 193f5 and 197(2) of the Licensing Act 2003f6.

Annotations to the whole text

Footnotes

f1

Section 25A was inserted by S.I. 2009/1724.

f2

Subsection (5)(b) was amended by section 115(1) and (2)(b) of the Police Reform and Social Responsibility Act 2011(c. 13).

f3

Section 104A was inserted by section 114(1) and (7) of the Police Reform and Social Responsibility Act 2011.

f4

Section 106A was inserted by section 113(1) and (3) of the Police Reform and Social Responsibility Act 2011.

f5

See the definitions of “prescribed” and “regulations”. There are amendments to section 193 which are not relevant to these Regulations.

f6

2003 c. 17.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Licensing Act 2003 (Personal licences) Regulations 2005
  3. 3Amendment to the Licensing Act 2003 (Fees) Regulations 2005
  4. 4Amendments to the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
  5. 5Amendments to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005
  6. 6Amendments to the Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2012
  7. Signature
  8. Schedule 1Schedule 1
  9. Schedule 2Schedule 2
  10. Schedule 3Schedule 3
  11. Schedule 4Schedule 4
  12. Schedule 5Schedule 5
  13. Schedule 6Schedule 6
  14. Schedule 7Schedule 7
  15. Schedule 8Schedule 8
  16. Schedule 9Schedule 9
  17. Schedule 10Schedule 10
  18. Schedule 11Schedule 11
  19. Schedule 12Schedule 12
  20. Schedule 13Schedule 13
  21. Schedule 14Schedule 14
  22. Schedule 15Schedule 15
  23. Schedule 16Schedule 16
  24. Schedule 17Schedule 17
  25. Schedule 18Schedule 18
  26. Schedule 19Schedule 19
  27. Schedule 20Schedule 20
  28. Explanatory note

1Citation and commencement

These Regulations may be cited as the Licensing Act 2003 (Miscellaneous Amendments) Regulations 2017 and come into force on 6th April 2017.

2Amendments to the Licensing Act 2003 (Personal licences) Regulations 2005

(1)

The Licensing Act 2003 (Personal licences) Regulations 2005f1 are amended as follows.

(2)

In regulation 5(a)—

(a)

after “unique to the licence”, insert “and”;

(b)

omit “and the date of the expiry of the licence”.

(3)

In regulation 6f2—

(a)

in the heading, omit “or renewal”;

(b)

in paragraph (1), omit “or renewal”;

(c)

omit paragraph (2).

(4)

In regulation 7(c)f3, substitute—

“(c)

a declaration by the applicant, in the form set out in Schedule 3, that the applicant—

(i)

has not been convicted of a relevant offence or a foreign offence,

(ii)

has not been required to pay an immigration penalty, or

(iii)

has been convicted of such an offence or required to pay such a penalty, accompanied by details of the nature and date of the conviction or penalty and any sentence in respect of such conviction.”.

(5)

Omit regulation 8.

(6)

For the form in Schedule 1f4, substitute the form in Schedule 1 to these Regulations.

(7)

Omit Schedule 2f5.

(8)

For the form in Schedule 3f6, substitute the form in Schedule 2 to these Regulations.

(9)

Omit Schedule 4.

3Amendment to the Licensing Act 2003 (Fees) Regulations 2005

(1)

The Licensing Act 2003 (Fees) Regulations 2005f1 are amended as follows.

(2)

In the table in Schedule 6, in the thirteenth row of Column 1, omit “or renewal”.

4Amendments to the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005

(1)

The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005f1 are amended as follows.

(2)

For the form in Schedule 1, substitute the form in Schedule 3 to these Regulations.

(3)

For the form in Schedule 2f2, substitute the form in Schedule 4 to these Regulations.

(4)

For the form in Schedule 3f3, substitute the form in Schedule 5 to these Regulations.

(5)

For the form in Schedule 4f4, substitute the form in Schedule 6 to these Regulations.

(6)

For the form in Schedule 4Af5, substitute the form in Schedule 7 to these Regulations.

(7)

For the form in Schedule 4Bf6, substitute the form in Schedule 8 to these Regulations.

(8)

For the form in Schedule 5, substitute the form in Schedule 9 to these Regulations.

(9)

For the form in Schedule 6f7, substitute the form in Schedule 10 to these Regulations.

(10)

For the form in Schedule 7f8, substitute the form in Schedule 11 to these Regulations.

(11)

For the form in Schedule 8f9, substitute the form in Schedule 12 to these Regulations.

(12)

For the form in Schedule 9f10, substitute the form in Schedule 13 to these Regulations.

(13)

For the form in Schedule 10f11, substitute the form in Schedule 14 to these Regulations.

(14)

For the form in Schedule 11, substitute the form in Schedule 15 to these Regulations.

5Amendments to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005

(1)

The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005f1 are amended as follows.

(2)

For the form in Schedule 1f2, substitute the form in Schedule 16 to these Regulations.

(3)

For the form in Schedule 2f3, substitute the form in Schedule 17 to these Regulations.

(4)

For the form in Schedule 3f4, substitute the form in Schedule 18 to these Regulations.

(5)

For the form in Schedule 4f5, substitute the form in Schedule 19 to these Regulations.

6Amendments to the Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2012

(1)

The Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2012f1 are amended as follows.

(2)

For the form in the Schedule, substitute the form in Schedule 20 to these Regulations.

Signature

Sarah Newton

Parliamentary Under Secretary of State

Home Office

14th March 2017

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

Schedule 10

Schedule 11

Schedule 12

Schedule 13

Schedule 14

Schedule 15

Schedule 16

Schedule 17

Schedule 18

Schedule 19

Schedule 20

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Licensing Act 2003 (Personal licences) Regulations 2005 (S.I. 2005/41) and the Licensing Act 2003 (Fees) Regulations 2005 (S.I. 2005/79) so as to remove references to the renewal of personal licences and the accompanying fee. Section 68 of the Deregulation Act 2015 (c. 20) removes the need for the holders of personal licences to apply to renew them.

These Regulations also amend the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005 (S.I. 2005/42), the Licensing Act 2003 (Permitted Temporary Activities)(Notices) Regulations 2005 (S.I. 2005/2918) and the Licensing Act 2003 (Persistent Selling of Alcohol to Children)(Prescribed Form of Closure Notice) Regulations 2012 (S.I. 2012/963) so as to replace certain forms in those Regulations in order to reflect the following changes in legislation. Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) removes the limit on the amount of a fine that a magistrates’ court can impose. The Immigration Act 2016 (c. 19) introduces measures to regulate the granting of personal licences to those convicted of certain immigration offences or who have been required to pay a civil immigration penalty, and to prevent those without an entitlement to live and work in the UK from holding a personal or premises licence. These changes are made by way of amendment to the Licensing Act 2003 (c. 17). The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253) also amends the Licensing Act 2003 so that in certain circumstances the provision of regulated entertainment no longer needs to be authorised under the 2003 Act.

A full impact assessment has not been produced for this instrument as no or no significant impact on the private, voluntary or public sectors is foreseen.