Regulation 38 Advertisement of review by licensing authorityI1

England and Wales

(1)

Subject to the provisions of this regulation and regulation 39, the relevant licensing authority shall advertise an application for the review of a premises licence under section 51(3) F1or 53A, of a club premises certificate under section 87(3) or of a premises licence following a closure order under section 167—

(a)

by displaying prominently a notice—

(i)

which is—

(aa)

of a size equal or larger than A4;

(bb)

of a pale blue colour; and

(cc)

printed legibly in black ink or typed in black in a font of a size equal to or larger than 16;

(ii)

at, on or near the site of the premises to which the application relates where it can conveniently be read from the exterior of the premises by the public and in the case of a premises covering an area of more than 50 metres square, one further notice in the same form and subject to the same requirements shall be displayed every 50 metres along the external perimeter of the premises abutting any highway; and

(iii)

at the offices, or the main offices, of the licensing authority in a central and conspicuous place; and

(b)

in a case where the relevant licensing authority maintains a website for the purpose of advertisement of applications given to it, by publication of a notice on that website;

F2(2)

the requirements set out in paragraph (1) shall be fulfilled—

(a)

in the case of a review of a premises licence following a closure order under section 167, or of a review of such a licence under section 53A, for a period of no less than seven consecutive days starting on the day after the day on which the relevant licensing authority received—

(i)

the notice under section 165(4); or

(ii)

the application under section 53A

(as the case may be); and

(b)

in all other cases, for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority.

Annotations

Textual amendments

F1: Words in reg. 38(1) inserted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(4)(a)
F2: Reg. 38(2) substituted (1.10.2007) by The Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 (S.I. 2007/2502), regs. 1, 2(4)(b)

Commencement

I1: Reg. 38 in force at 7.2.2005, see reg. 1