Section 129 Payment and administration of the levyI1

England and Wales

(1)

Regulations—

(a)

must make provision as to collection and administration, and

(b)

may make provision as to enforcement,

of F1a late night levy.

(2)

Regulations under subsection (1) must make provision as to the time or times for payment of F2a levy to a licensing authority by holders of F3a late night authorisation to which a late night levy requirement relates.

(3)

Provision made by virtue of subsection (2) may in particular provide for any such time or times to be determined by reference to the holders' payment years.

(4)

Regulations under subsection (1) may make provision for adjustments to be made in cases where—

(a)

F4a late night authorisation to which a late night levy requirement relates ceases to be such an authorisation during the holder's payment year;

(b)

a premises licence or club premises certificate becomes F5a late night authorisation to which a late night levy requirement relates during the holder's payment year;

(c)

an order under section 172A of that Act (early morning restriction orders) precludes the supply of alcohol by virtue of F6a relevant late night alcohol authorisation to which a late night levy requirement relates at all the times during the applicable late night supply period when it would otherwise have been permitted by virtue of the authorisation;

including in cases where the change occurs after the end of F7the levy year in question.

(5)

Any payment of F8a late night levy which is owed to a licensing authority under this Chapter may be recovered as a debt due to the authority.

(6)

The following provisions of the Licensing Act 2003 apply for the purposes of this Chapter—

(a)

section 55A (suspension of premises licence for failure to pay annual fee);

(b)

section 92A (suspension of club premises certificate for failure to pay annual fee),

but as if a reference to an annual fee, or to the annual fee owed under section 55(2) or 92(2), were a reference to F9a late night levy, or to the amount of a late night levy owed under this Chapter.

(7)

Provision that may be made by regulations under this section includes provision conferring functions or a discretion on licensing authorities.

Annotations

Textual amendments

F1: Words in s. 129(1) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(2); S.I. 2023/789, reg. 2(b)
F2: Words in s. 129(2) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(3)(a); S.I. 2023/789, reg. 2(b)
F3: Words in s. 129(2) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(3)(b); S.I. 2023/789, reg. 2(b)
F4: Words in s. 129(4)(a) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(a); S.I. 2023/789, reg. 2(b)
F5: Words in s. 129(4)(b) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(b); S.I. 2023/789, reg. 2(b)
F6: Words in s. 129(4)(c) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(c); S.I. 2023/789, reg. 2(b)
F7: Words in s. 129(4) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(4)(d); S.I. 2023/789, reg. 2(b)
F8: Words in s. 129(5) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(5); S.I. 2023/789, reg. 2(b)
F9: Words in s. 129(6) substituted (31.1.2017 for specified purposes, 13.7.2023 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 18 para. 5(6); S.I. 2023/789, reg. 2(b)

Commencement

I1: S. 129 in force at 31.10.2012 by S.I. 2012/2670, art. 2(b)