Paragraph 54 Conversion of existing licences etc. into premises licencesI1

Subject to paragraph 66(4)(b), this paragraph applies to an advance application for a premises licence which—

The first condition is that the application relates to premises in respect of which a person is an existing premises operator.

The second condition is that the application is made by—

Sub-paragraph (1B)(b) is only to apply where the person who is the existing premises operator in relation to the premises to which the application relates qualifies as such by reason of the fact that he holds—

The third condition is that the application complies with any conditions or requirements of subsections (1) to (5) and (6)(c) of section 159 of the 2005 Act (which specifies the conditions and requirements to be met by a person applying for a premises licence).

The fourth condition, which only applies in a case falling within sub-paragraph (1B)(b), is that the application for the premises licence is accompanied by—

An application to which this paragraph applies is referred to in this Part as a conversion application.

Part 8 of the 2005 Act is to have effect in relation to the making and determination of a conversion application subject to the following provisions of this Part.

Subject to F2sub-paragraph (5A) and paragraphs 55(2) and (3), 58(1) F3and 59(4) and (5), the licensing authority must grant the application.

Section 163(2) of the 2005 Act (which prohibits a licensing authority from determining an application for a premises licence if the applicant does not hold a relevant operating licence) is not to have effect in relation to a conversion application; but any licence issued on such an application in accordance with sub-paragraph (4) is to lapse if the holder’s application for a relevant operating licence is rejected when it is finally determined.

Where—

the licensing authority must reject the conversion application; and if the licensing authority grant the conversion application, any premises licence issued on such an application shall be of no effect.

In sub-paragraph (5) the reference to a relevant operating licence is to an operating licence which authorises the holder to carry on the activity to which the premises licence relates.

Subject to sub-paragraph (8), section 206(2) of the 2005 Act (which provides for rights of appeal in connection with applications under Part 8 of that Act) is not to apply where an application is granted in pursuance of sub-paragraph (4).

Sub-paragraph (7) is without prejudice to the right of—

to appeal against any conditions attached by virtue of section 169(1) of the 2005 Act to a premises licence issued in pursuance of sub-paragraph (4).

In this paragraph “relevant operating licence” in relation to a conversion application means an operating licence (other than an interim operating licence) which authorises the person making the application to carry on the activity in respect of which the premises licence is sought.