Paragraph 12 I1I2

After section 25A insert—

“Power of Mayor of London to determine licence applications

Power of the Mayor of London to determine applications

25B

(1)

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

(a)

grants a premises licence having taken one or more of the steps under section 18(4)(a) to (c) in relation to the licence, or

(b)

rejects the application to grant a premises licence under section 18(4)(d).

(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 premises licence and the steps, and reasons for the steps, taken under section 18(4)(a) to (c) in relation to the licence (including the detail of any modifications made to conditions under section 18(4)(a)), or

(b)

its decision to reject the application under section 18(4)(d) and the reasons for doing so.

(3)

But the decision of the London licensing authority in relation to the application does not otherwise have effect unless and until the Mayor of London gives notice under subsection (6) of a decision under subsection (5)(b).

(4)

Accordingly, the London licensing authority must not take any steps under this Act in relation to the decision (including giving notice under section 23) unless and until such a notice is given.

(5)

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 25C), or

(b)

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

(6)

The Mayor of London must give notice of the Mayor’s decision under subsection (5) to—

(a)

each interested party;

(b)

any person who made relevant representations in relation to the application under section 18.

(7)

On receipt of a notice under subsection (6), the London licensing authority must as soon as reasonably practicable advertise the decision of the Mayor.

(8)

The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (7) is to be made.

(9)

In this section—

• “application of potential strategic importance to Greater London” means an application that has been notified to a London licensing authority by the Greater London Authority under section 17A(3) as being of potential strategic importance to Greater London;

• “interested party” has the same meaning as in section 17A (see subsection (7) of that section);

• “specified” means specified in regulations made by the Secretary of State.

Directions by the Mayor of London

25C

(1)

Where section 25B(5)(a) applies the Mayor of London must direct the London licensing authority—

(a)

to grant the licence in accordance with the application subject only to—

(i)

such conditions specified in the direction as are consistent with the operating schedule accompanying the application, and

(ii)

any conditions which must under section 19, 20 or 21 be included in the licence,

(b)

to grant the licence subject to—

(i)

the conditions mentioned in subsection (1)(a)(i) with such permitted modifications as may be specified in the direction, and

(ii)

any condition which must under section 19, 20 or 21 be included in the licence,

(c)

to grant the licence in accordance with paragraph (a) or (b), but to also do one or both of the following—

(i)

exclude from the scope of the licence any of the licensable activities which were excluded by the decision of the London licensing authority in relation to the application under section 18(4)(b);

(ii)

refuse to specify a person in the licence as the premises supervisor where the London licensing authority refused to specify that person in their decision in relation to the application under section 18(4)(c), or

(d)

to reject the application.

(2)

The Mayor may only give a direction to the London licensing authority under subsection (1)(d) to reject the application if the application was rejected by the authority under section 18(4)(d).

(3)

The London licensing authority must grant the licence or reject the application in accordance with the direction given under subsection (1).

(4)

When giving a direction under this section the Mayor must have regard to—

(a)

the licensing policy statement published by the Mayor under section 8A, and

(b)

the importance of promoting the licensing objectives.

(5)

Directions given under subsection (1)(a) or (b) may have the effect of requiring a premises licence to be granted subject to different conditions in respect of—

(a)

different parts of the premises concerned;

(b)

different licensable activities.

(6)

A direction under this section must state the Mayor’s reasons for giving the direction.

(7)

For the purposes of subsection (1)(b)(i) the conditions mentioned in subsection (1)(a)(i) are modified if any of them is altered or omitted or any new condition is added.

(8)

For the purposes of subsection (1)(b)(i), a modification to a condition is “permitted” if—

(a)

the condition was modified by the London licensing authority when granting the licence under section 18(4)(a), and the modification is—

(i)

the same as that modification, or

(ii)

in the Mayor’s opinion less restrictive than that modification (but see subsection (9)), or

(b)

the condition relates to an application that was rejected by the London licensing authority under section 18(4)(d).

(9)

The Mayor may not make a modification to a condition under subsection (8)(a)(ii) if the effect of the modification would be that the condition would apply to a different part of the premises, or to different licensable activities, than that it applied to as modified by the London licensing authority under section 18(4)(a).

Issue of licence etc by licensing authority

25D

(1)

A London licensing authority that grants a licence on a direction under section 25C(1)(a) to (c) must as soon as possible—

(a)

give notice that the licence is granted to—

(i)

the applicant,

(ii)

each responsible authority in relation to the premises to which the application relates,

(iii)

any person who made relevant representations under section 18 in respect of the application, and

(iv)

the chief officer of police for the police area (or each police area) in which the premises are situated, and

(b)

issue the applicant with the licence and a summary of it.

(2)

A London licensing authority that rejects an application on a direction under section 25C(1)(d) must as soon as possible give notice that the application is rejected to—

(a)

the applicant,

(b)

each responsible authority in relation to the premises to which the application relates,

(c)

any person who made relevant representations under section 18 in respect of the application, and

(d)

the chief officer of police for the police area (or each police area) in which the premises are situated.

(3)

A notice under subsection (1) or (2) must state the Mayor’s reasons for giving the direction as notified to the London licensing authority under section 25C(6).”