Paragraph 10
England and Wales
An application for the grant, renewal or transfer of a licence under this Schedule shall be made in writing to the appropriate authority.
An application made otherwise than by or on behalf of a body corporate or an unincorporated body shall state—
the full name of the applicant;
his permanent address; and
his age.
An application made by a body corporate or an unincorporated body shall state—
the full name of the body;
the address of its registered or principal office; and
the full names and private addresses of the directors or other persons responsible for its management.
An application relating to premises shall state the full address of the premises.
An application relating to a vehicle, vessel or stall shall state where it is to be used as a sex establishment.
Every application shall contain such particulars as the appropriate authority may reasonably require in addition to any particulars required under sub-paragraphs (2) to (5) above.
An applicant for the grant, renewal or transfer of a licence under this Schedule shall give public notice of the application.
Notice shall in all cases be given by publishing an advertisement in a local newspaper circulating in the appropriate authority’s area.
The publication shall not be later than 7 days after the date of the application.
Where the application is in respect of premises, notice of it shall in addition be displayed for 21 days beginning with the date of the application on or near the premises and in a place where the notice can conveniently be read by the public.
Every notice under this paragraph which relates to premises shall identify the premises.
Every such notice which relates to a vehicle, vessel or stall shall specify where it is to be used as a sex establishment.
Subject to sub-paragraphs (11) and (12) above, a notice under this paragraph shall be in such form as the appropriate authority may prescribe.
A copy of an application for the grant, renewal or transfer of a licence under this Schedule shall be sent to the chief officer of police—
in a case where the application is made by means of a relevant electronic facility, by the appropriate authority not later than 7 days after the date the application is received by the authority;
in any other case, by the applicant not later than 7 days after the date of the application.
In sub-paragraph (14) above “relevant electronic facility” means—
the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009, or
any facility established and maintained by the appropriate authority for the purpose of receiving applications under this Schedule electronically.
Any person objecting to an application for the grant, renewal or transfer of a licence under this Schedule shall give notice in writing of his objection to the appropriate authority, stating in general terms the grounds of the objection, not later than 28 days after the date of the application.
Where the appropriate authority receive notice of any objection under sub-paragraph (15) above, the authority shall, before considering the application, give notice in writing of the general terms of the objection to the applicant.
The appropriate authority shall not without the consent of the person making the objection reveal his name or address to the applicant.
In considering any application for the grant, renewal or transfer of a licence the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and any objections of which notice has been sent to them under sub-paragraph (15) above.
The appropriate authority shall give an opportunity of appearing before and of being heard by a committee or sub-committee of the authority—
before refusing to grant a licence, to the applicant;
before refusing to renew a licence, to the holder; and
before refusing to transfer a licence, to the holder and the person to whom he desires that it shall be transferred.
Annotations
Textual amendments
- F1
Sch. 3 para. 10(14)(14A) substituted for Sch. 3 para. 10(14) (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 47(2) (with regs. 2, 5)
- F2
Words in Sch. 3 para. 10(20) omitted (28.12.2009) by virtue of The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 47(3)(a) (with regs. 2, 5)
- F3
Words in Sch. 3 para. 10(20) omitted (28.12.2009) by virtue of The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 47(3)(b) (with regs. 2, 5)
Notes on Schedule 3
Modifications
- C1
Sch. 3 applied (24.7.1996) by City of Westminster Act 1996 (c. viii), s. 3(1)
Sch. 3: functions of local authority not to be the responsibility of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
- C2
Sch. 3: power to apply with amendments (including the insertion of a new Sch. 3 para. 3A) conferred on a borough council (which has resolved, in accordance with s. 2 of this Act, that Sch. 3 shall apply to their area) by Greater London Council (General Powers) Act 1986 (c. iv), s. 12(1)(4) (coming into force in accordance with s. 12(2)(3)); and in Sch. 3 para. 3A, as so applied by a participating council, proviso (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1
- C3
Sch. 3: power to apply with further amendments (including the insertion of a new Sch. 3 para. 3B) conferred on the City of Westminster and on any other borough council (which has resolved that Sch. 3 shall apply to their area with the amendments contained in 1986 c. iv, s. 12) by London Local Authorities Act 2007 (c. ii), s. 33(2)-(7) (coming into force in accordance with ss. 1(4), 3, 33(1)) (as modified (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 4(1)-(6) (with savings in arts. 4(7)-(9))
- C4
Sch. 3: power to apply with the amendments made by 2009 c. 26, s. 27 (which amendments would otherwise be excluded) conferred (6.4.2010 for E., 8.5.2010 for W.) on a local authority (where that authority has, before the coming into force of 2009 c. 26, s. 27, resolved under s. 2 of this Act that Sch. 3 is to apply to the area of the local authority) by Policing and Crime Act 2009 (c. 26), ss. 27, 116(4), Sch. 3 para. 2; S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b)
- C5
Sch. 3, so far as its provisions have effect by virtue of 1986 c. iv, s. 12, is repealed (with savings) (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 2(1) (with arts. 2(2)-(6))