Regulation 3 Summary review of premises licences: hearings

(1)

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

(2)

After regulation 2(3), insert—

“(4)
For the purposes of regulation 19(b), a notice given by a chief officer of police does not include an application made, or a certificate given under, section 53A(1) of the Act.”.

(3)

In regulation 3—

(a)

the existing regulation 3 becomes paragraph (1) of that regulation;

(b)

after paragraph (1), insert—

“(2)
Regulations 4 to 13, 16(a), 18, 20(2)(a) and (4), 22 (from “and shall” to the end), 27, 29 and 34 do not apply to a hearing under section 53B of the Act (interim steps pending review).”.

(4)

In regulation 6(3)(a) after “order)”, insert “or section 53C (review of premises licence following review notice)”.

(5)

In regulation 8(4)(a), after “order)”, insert “or section 53C (review of premises licence following review notice)”.

(6)

In regulation 13, at the end, insert—

“(c)
it would fail to reach a determination on a review under section 53A (summary reviews on application of senior police officer) within the period specified in subsection (2)(b) of that section.”.

(7)

In regulation 26(1), after subparagraph (a), insert—

“(aa)
section 53B (interim steps pending review),

(ab)
section 53C (review of premises licence following review notice),”.

(8)

In Schedule 2, after the entry in the table numbered 7, insert the following entry—

“

7A Section 53C (review of premises licence following review notice)
The holder of the premises licence in respect of which the application has been made;

persons who have made relevant representations as defined in section 53C(7); and

the chief officer of police who made the application under section 53A(1).

”

(9)

In Schedule 3, after the entry in the table numbered 7, insert the following entry—

“

7A Section 53C (review of premises licence following review notice) The holder of the premises licence in respect of which the application has been made. The relevant representations as defined in section 53C(7) which have been made.

”

Annotations

Footnotes

f1: S.I. 2005/44, as amended by S.I. 2005/78.