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The Licensing Act 2003 (Applications of Potential Strategic Importance to Greater London etc and Consequential Amendment) Regulations 2026

S.I. 2026/1078 · Made 12 October 2026

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LICENCES AND LICENSING

Made 12th October 2026

Laid before Parliament 13th October 2026

Coming into force 3rd November 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 17A(5) and (6), 18(9A), 25B(5) and (8), 34A(5) and (6), 35(8), 41ZA(7) and (10), 54 and 197(2) of the Licensing Act 2003f1.

Annotations to the whole text

Footnotes

f1

2003 c. 17. Sections 17A, 25B, 34A and 41ZA were inserted, and sections 18, 35 and 54 were amended, by section 51 of, and Schedule 26 to, the English Devolution and Community Empowerment Act 2026 (c. 23).

Contents

  1. 1Citation, commencement, extent and application
  2. 2Interpretation
  3. 3Potential strategic importance to Greater London
  4. 4Notice to GLA in relation to certain applications
  5. 5Notice to interested parties: GLA’s determination
  6. 6Advertisement of GLA’s determination
  7. 7Notice to GLA of hearing in relation to PSI application
  8. 8Consequential amendment of the Licensing Act 2003 (Hearings) Regulations 2005
  9. 9Notice to GLA following hearing
  10. 10Time limit for Mayor of London’s call in
  11. 11Notice to interested parties: Mayor of London’s decision
  12. 12Advertisement of Mayor of London’s decision
  13. 13Notice to GLA: intervening decision
  14. 14Giving of notices under these Regulations
  15. 15Transitional provision
  16. 16Review
  17. Signature
  18. Explanatory note

1Citation, commencement, extent and application

(1)

These Regulations may be cited as the Licensing Act 2003 (Applications of Potential Strategic Importance to Greater London etc and Consequential Amendment) Regulations 2026.

(2)

These Regulations come into force on 3rd November 2026.

(3)

These Regulations extend to England and Wales.

(4)

These Regulations apply in England only.

2Interpretation

In these Regulations—

  • “the Act” means the Licensing Act 2003;

  • “GLA” means the Greater London Authority;

  • “the Premises Regulations” means the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005f1.

3Potential strategic importance to Greater London

(1)

For the purposes of section 17A(3) of the Act, “application of potential strategic importance to Greater London” means a relevant licence applicationf1 which falls within any of the following—

(a)

the Fee Band for the premisesf2 to which the application relates is Fee Band D or E;

(b)

the application proposes the use of the premises for any licensable activitiesf3 after 11pm on any day and the Fee Band for the premises to which the application relates is Fee Band B or C;

(c)

the maximum number of persons the applicant proposes should, during the times when the licence authorises licensable activities to take place on the premises, be allowed on the premises at the same time is more than 5,000;

(d)

the application is for a licence which is to have effect for a limited period of less than three months;

(e)

the application is for a licence which includes the provision of regulated entertainmentf4 in the form of the performance of live music and the Fee Band for the premises to which the application relates is Fee Band B or C.

(2)

For the purposes of section 34A(3) of the Act, “application to vary of potential strategic importance to Greater London” means a relevant applicationf5 which falls within any of the following—

(a)

the Fee Band for the premises to which the application relates is Fee Band D or E;

(b)

the application proposes the use of the premises for any licensable activities after 11pm on any day and the Fee Band for the premises to which the application relates is Fee Band B or C;

(c)

the maximum number of persons the applicant proposes should, during the times when the licence authorises licensable activities to take place on the premises, be allowed on the premises at the same time is more than 5,000;

(d)

the application is for a variation of a licence which is to have effect for a limited period of less than three months;

(e)

the application is for a variation of a licence which includes the provision of regulated entertainment in the form of the performance of live music and the Fee Band for the premises to which the application relates is Fee Band B or C.

(3)

In this regulation, the “Fee Band” for a premises is the band determined for the premises under regulation 3 of, and Schedule 1 to, the Licensing Act 2003 (Fees) Regulations 2005f6.

4Notice to GLA in relation to certain applications

(1)

A notice given to GLA under section 17A(1) or 34A(1) of the Act must be accompanied by a copy of the application to which the notice relates, together with any other plan, document or information which accompanied the application when it was submitted.

(2)

A notice given to GLA in accordance with regulation 27 of the Premises Regulations in relation to an application is to be treated as satisfying the requirements of paragraph (1) for the same application.

5Notice to interested parties: GLA’s determination

(1)

A notice given to an interested partyf1 under section 17A(3) or 34A(3) of the Act must—

(a)

be given within the period of 10 working daysf2 starting with the day after the day on which a valid notice was given to GLA,

(b)

identify the application to which the notice relates,

(c)

state that GLA considers the application is an application of potential strategic importance to Greater London or, as the case may be, an application to vary of potential strategic importance to Greater London and give the reasons for the determination, and

(d)

summarise the effect of section 25B or, as the case may be, 41ZA of the Act.

(2)

In this regulation a “valid notice” means a notice given in accordance with regulation 4 above or regulation 27 of the Premises Regulations and such a notice is not valid until all the documents which must accompany the notice have been provided.

6Advertisement of GLA’s determination

(1)

A London licensing authorityf1 must advertise a notice received under section 17A(3) or 34A(3) of the Act—

(a)

for a period of not less than five consecutive working days ending not later than the end of the last day of the consultation period;

(b)

by publishing the information set out in paragraph (2).

(2)

The information published under paragraph (1) must—

(a)

identify the application to which the determination relates,

(b)

state that GLA considers the application is an application of potential strategic importance to Greater London or, as the case may be, an application to vary of potential strategic importance to Greater London and include the reasons given by GLA in its notice under section 17A(3) or, as the case may be, 34A(3) of the Act, and

(c)

summarise the effect of section 25B or, as the case may be, 41ZA of the Act.

(3)

In this regulation the “consultation period” means the period during which a relevant application or, as the case may be, a relevant licence application must be advertised under regulation 26B of the Premises Regulations.

7Notice to GLA of hearing in relation to PSI application

(1)

The information to be given to GLA under section 18(9A) or 35(8) of the Act is a notice—

(a)

stating the date on, and time and place at, which the hearing is to be held,

(b)

stating—

(i)

the rights of a party to the hearing provided for in regulations 15 and 16 of the Licensing Act 2003 (Hearings) Regulations 2005f1,

(ii)

the consequences if a party to the hearing under those Regulations does not attend or is not represented at the hearing,

(iii)

the procedure to be followed at the hearing,

(iv)

any particular points on which the licensing authority considers that it will want clarification at the hearing from a party to the hearing, and

(c)

setting out the relevant representationsf2 which have been made.

(2)

A notice under paragraph (1) must be given no later than 10 working days before the day or the first day on which the hearing is to be held.

(3)

A notice given to GLA in accordance with regulation 6 of the Licensing Act 2003 (Hearings) Regulations 2005 in relation to a hearing is to be treated as satisfying the requirements of paragraph (1) for the same hearing.

8Consequential amendment of the Licensing Act 2003 (Hearings) Regulations 2005

(1)

The Licensing Act 2003 (Hearings) Regulations 2005f1 are amended as follows.

(2)

In regulation 2, after paragraph (1) insert—

“(1A)

In these Regulations, a reference to a party includes the Greater London Authority if a London licensing authority has given specified information to the Greater London Authority, in relation to the hearing, under section 18(9A) or 35(8) of the Act.”.

9Notice to GLA following hearing

Within the period of five working days starting with the day after the last day of a hearing held in relation to an application of potential strategic importance to Greater London or an application to vary of potential strategic importance to Greater London, the London licensing authority must—

(a)

give a statement to GLA setting out the details of any determination made at the hearing in relation to the application and the reasons for its determination;

(b)

send to GLA a copy of the record of proceedings of the hearing and, if available, a copy of any recording of the hearing;

(c)

send to GLA a copy of any notice given to the applicant under section 23 or 36 of the Act;

(d)

send to GLA a copy of any officer’s report given to members of the committee of the authority at the hearing;

(e)

send to GLA a copy of any other document given to the committee at the hearing.

10Time limit for Mayor of London’s call in

(1)

Subject to paragraph (2), for the purposes of section 25B(5) or 41ZA(7) of the Act, the specified period in relation to an application is 20 working days starting with the day on which GLA receives the notice under section 25B(2) or, as the case may be, 41ZA(2) of the Act relating to that application.

(2)

If a hearing was held in relation to the application, the specified period in relation to the application is 20 working days starting with the day on which the London licensing authority has complied with regulation 9.

11Notice to interested parties: Mayor of London’s decision

A notice given under section 25B(6) or 41ZA(8) of the Act must—

(a)

be given no later than five working days after the day on which the Mayor of London makes a decision under section 25B(5) or, as the case may be, 41ZA(7) of the Act,

(b)

identify the application to which the notice relates, and

(c)

set out the Mayor of London’s decision.

12Advertisement of Mayor of London’s decision

(1)

On receipt of a notice under section 25B(6) or 41ZA(8) of the Act, a London licensing authority must advertise the decision of the Mayor of London by publishing the information set out in paragraph (2).

(2)

The information published under paragraph (1) must—

(a)

identify the application to which the Mayor of London’s decision relates, and

(b)

set out the Mayor of London’s decision.

(3)

The authority must ensure the advertisement continues to be published until the licence to which it relates—

(a)

is revoked,

(b)

is surrendered, or

(c)

in relation to a licence granted for a limited period, the period has ended.

13Notice to GLA: intervening decision

A notice given to GLA under section 41ZC(2)(b) of the Actf1 must—

(a)

be given no later than three working days after the day on which the London licensing authority makes the intervening decisionf2,

(b)

identify the application to which the notice relates, and

(c)

set out the intervening decision to which the notice relates.

14Giving of notices under these Regulations

(1)

Any notice or information under section 17A(1), 17A(3), 18(9A), 23(2A), 25B(2), 25B(6), 34A(1), 34A(3), 35(8), 41ZA(2), 41ZA(8) and 41ZC(2) of the Actf1 must be transmitted by electronic means in a form capable of being accessed, reproduced and stored by the recipient and legible in all material respects.

(2)

In this regulation “legible in all material respects” means that the information contained in the notice is available to the recipient to no lesser extent than it would be if given by means of a document in written form.

15Transitional provision

These Regulations do not apply in relation to a relevant licence application or relevant application which was made to a London licensing authority before the date on which these Regulations came into force.

16Review

(1)

The Secretary of State must from time to time—

(a)

carry out a review of the operation and effect of these Regulations,

(b)

set out the conclusions of the review in a report, and

(c)

publish the report.

(2)

The report must in particular—

(a)

set out the objectives intended to be achieved by the functions of the Mayor of London in relation to an application of potential strategic importance to Greater London or an application to vary of potential strategic importance to Greater London under the Act, and

(b)

assess the extent to which the objectives are achieved.

(3)

The first report under this regulation must be published before the end of the period of two years beginning with the day on which these Regulations come into force.

(4)

Subsequent reports under this regulation are to be published at intervals not exceeding five years.

Signature

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Jim McMahon

Minister for Local Government, Devolution and Regional Growth

Ministry of Housing, Communities and Local Government

12th October 2026

Explanatory note

(This note is not part of the Regulations)

Section 51 of, and Schedule 26 to, the English Devolution and Community Empowerment Act 2026 (c. 23) amended the Licensing Act 2003 (c. 17) by inserting powers enabling the Mayor of London to call in and determine certain licensing applications of potential strategic importance to Greater London. These Regulations supplement those provisions.

Regulation 3 sets out the types of applications which are of potential strategic importance to Greater London (“PSI applications”).

Regulation 4 specifies requirements in relation to notices to be given to the Greater London Authority in relation to certain licensing applications received by London licensing authorities.

Regulation 5 specifies requirements in relation to notices to be given to interested parties where the Greater London Authority determines a licensing application is a PSI application.

Regulation 6 specifies requirements in relation to the advertisement of the Greater London Authority’s determination that a licensing application is a PSI application.

Regulation 7 specifies requirements in relation to notices to be given to the Greater London Authority where a London licensing authority has decided to hold a hearing in relation to a PSI application.

Regulation 8 makes a consequential amendment to the Licensing Act 2003 (Hearings) Regulations 2005 (S.I. 2005/44) to provide that the Greater London Authority is a party to hearings for the purposes of those Regulations.

Regulation 9 specifies the information which a London licensing authority must send to the Greater London Authority following the conclusion of such hearings.

Regulation 10 provides that the Mayor of London has 20 working days in which to decide and give notice as to whether a PSI application is to be called in for the Mayor’s determination.

Regulation 11 specifies requirements in relation to the notice giving the Mayor of London’s decision in respect of a PSI application.

Regulation 12 specifies requirements in relation to the advertisement of the Mayor of London’s decision in relation to a PSI application.

Regulation 13 specifies requirements in relation to the notice given to the Greater London Authority where a London licensing authority has made an intervening decision.

Regulation 14 provides that certain notices under the Licensing Act 2003 must be transmitted by electronic means.

Regulation 15 provides that these Regulations do not apply to a licensing application made to a London licensing authority before these Regulations come into force.

Regulation 16 provides for the Regulations to be reviewed by the Secretary of State.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on private, voluntary or the public sector is foreseen.