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Section 10 Sub-delegation of functions by licensing committee etc.C1C2C3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A licensing committee may arrange for the discharge of any functions exercisable by it—

(a)

by a sub-committee established by it, or

(b)

subject to subsection (4), by an officer of the licensing authority.

(2)

Where arrangements are made under subsection (1)(a), then, subject to subsections (4) and (5), the sub-committee may in turn arrange for the discharge of the function concerned by an officer of the licensing authority.

(3)

Arrangements under subsection (1) or (2) may provide for more than one sub-committee or officer to discharge the same function concurrently.

(4)

Arrangements may not be made under subsection (1) or (2) for the discharge by an officer of—

(a)

any function under—

(i)

section 18(3) (determination of application for premises licence where representations have been made),

(ii)

section 31(3) (determination of application for provisional statement where representations have been made),

(iii)

section 35(3) (determination of application for variation of premises licence where representations have been made),

(iv)

section 39(3) (determination of application to vary designated premises supervisor following police objection),

(v)

section 44(5) (determination of application for transfer of premises licence following F1... objection),

(vi)

section 48(3) (consideration of F2... objection made to interim authority notice),

(via)

F3section 53A(2)(a) or 53B (determination of interim steps pending summary review),

(vii)

section 72(3) (determination of application for club premises certificate where representations have been made),

(viii)

section 85(3)(determination of application to vary club premises certificate where representations have been made),

(ix)

section 105(2) (decision to give counter notice following police objection to temporary event notice),

(x)

section 120(7) (determination of application for grant of personal licence following F4... objection),

(xi)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii)

section 124(4) (revocation of licence where convictions come to light after grant etc.),

(xiii)

F6section 132A(8) and (12) (revocation or suspension of licence by local authority where it becomes aware of convictions or immigration penalties),

(b)

any function under section 52(2) or (3) (determination of application for review of premises licence) in a case where relevant representations (within the meaning of section 52(7)) have been made,

(ba)

F7any function under section 53C (review following review notice), in a case where relevant representations (within the meaning of section 53C(7)) have been made,

(c)

any function under section 88(2) or (3) (determination of application for review of club premises certificate) in a case where relevant representations (within the meaning of section 88(7)) have been made, or

(d)

any function under section 167(5) (review following closure order), in a case where relevant representations (within the meaning of section 167(9)) have been made.

(5)

The power exercisable under subsection (2) by a sub-committee established by a licensing committee is also subject to any direction given by that committee to the sub-committee.

Annotations

Textual amendments

F1

Word in s. 10(4)(a)(v) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 29; S.I. 2017/380, reg. 2(b)

F2

Word in s. 10(4)(a)(vi) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 29; S.I. 2017/380, reg. 2(b)

F3

S. 10(4)(a)(via) inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(1)(a), 66(2)(3); S.I. 2007/2180, art. 3(a)

F4

Word in s. 10(4)(a)(x) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 29; S.I. 2017/380, reg. 2(b)

F5

S. 10(4)(a)(xi) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 2 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

F6

S. 10(4)(a)(xiii) inserted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 138(2), 183(1)(5)(e); S.I. 2017/399, reg. 3(d)

F7

S. 10(4)(ba) inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(1)(b), 66(2)(3); S.I. 2007/2180, art. 3(a)

Modifications

C1

S. 10 applied (with modifications) (21.5.2007) by Gambling Act 2005 (c. 19), ss. 154(3)(4), 358 (with ss. 352, 354); S.I. 2006/3272, art. 2(2), Sch. 2 (with savings and transitional provisions in Sch. 4) (as amended by S.I. 2007/1157)

C2

S. 10 applied (with modifications) (1.12.2007) by Gambling Act 2005 (c. 19), ss. 232(2)(3), 358 (with ss. 352, 354); S.I. 2007/3155, art. 2

C3

S. 10 applied (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 21(2)(b) (with Sch. 3 para. 21(3)); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)