Section 41ZA Power of the Mayor of London to determine applications to vary

(1)

F1This section applies where, on an application to vary of potential strategic importance to Greater London, a London licensing authority—

(a)

grants an application to vary a premises licence in whole under section 35 and modifies the conditions of the licence under subsection (4)(a) of that section,

(b)

rejects an application to vary a premises licence in whole under section 35(4)(b), or

(c)

rejects an application to vary a premises licence in part under section 35(4)(b) and grants the other part (whether with or without modifying the conditions of the licence).

(2)

The London licensing authority must as soon as possible give notice to the applicant and the Greater London Authority of—

(a)

its decision to grant the application in whole and modify the conditions of the licence and the reasons for doing so (including the detail of the modifications made),

(b)

its decision to reject the application in whole and the reasons for doing so, or

(c)

its decision to reject part of the application and to grant the other part with or without modifying the conditions of the licence, and the reasons for doing so (including the detail of any modifications made).

(3)

But the decision of the London licensing authority in relation to the application does not otherwise have effect unless and until—

(a)

the Mayor of London gives notice under subsection (8) of a decision under subsection (7)(b), or

(b)

the obligations on the Mayor of London under subsection (7) of this section or section 41ZB cease to apply (see section 41ZC).

(4)

Accordingly, the London licensing authority must not take any steps under this Act in relation to the decision (including taking steps under section 56) unless and until the circumstances in subsection (3)(a) or (b) apply.

(5)

Where the decision of the London licensing authority has effect by virtue of subsection (3)(b), that decision is to take effect as subject to the intervening decision made by the authority in relation to the licence (see section 41ZC(2)(a)).

(6)

For the purpose of supplementing subsection (5), the Secretary of State may by regulations make provision modifying any provision of this Act as it applies to a decision of the London licensing authority that has effect by virtue of subsection (3)(b).

(7)

The Mayor of London must by the end of the specified period decide—

(a)

to give a direction to the London licensing authority in relation to the application (see section 41ZB), or

(b)

that the decision of the London licensing authority in relation to the application has effect for the purposes of this Act (and, accordingly, any requirements in relation to that decision now apply).

(8)

The Mayor of London must give notice of the Mayor’s decision under subsection (7) to—

(a)

each interested party;

(b)

any person who made relevant representations in relation to the application under section 35.

(9)

On receipt of a notice under subsection (8), the London licensing authority must as soon as reasonably practicable advertise the decision of the Mayor.

(10)

The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (9) must be made.

(11)

In this section—

“application to vary of potential strategic importance to Greater London” means an application to vary a premises licence that has been notified to the London licensing authority by the Greater London Authority under section 34A(3) as being of potential strategic importance to Greater London;
“interested party” has the same meaning as in section 34A;
“specified” means specified in regulations made by the Secretary of State.

Annotations

Textual amendments

F1: Ss. 41ZA-41ZD and cross-heading inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 26 para. 15 (with s. 102, Sch. 26 para. 21)