OpenLegislation

Regulation 8 Penalty charge noticesI1

England and Wales

(1)

Where a licensing authority believes that a penalty charge is payable under the terms of a licensing scheme, the authority may serve notice of that fact (“a penalty charge notice”).

(2)

A penalty charge notice must be served on the person liable to pay the penalty charge.

(3)

A penalty charge notice must state—

(a)

the amount of the penalty charge to which it relates;

(b)

all the circumstances in which a penalty charge is payable and the date and time at which each of those circumstances occurred;

(c)

the period specified in the licensing scheme within which the penalty charge must be paid;

(d)

the manner in which the penalty charge must be paid;

(e)

if the licensing scheme so provides, the amount of the reduced penalty charge if it is duly paid in the time specified in the notice;

(f)

the grounds on which the chargee may make representations under regulation 9;

(g)

the amount of the increased penalty charge if, before the end of the relevant period determined under regulation 13—

(i)

the penalty charge is not paid, or

(ii)

no representations are made under regulation 9, and

(h)

the address to which payment of the penalty charge must be sent.

(4)

In this regulation and regulations 9 to 15 “chargee” means—

(a)

the person on whom the penalty charge notice is served; or

(b)

where it is alleged that the penalty charge notice was sent but never received, the person to whom the licensing authority sent that notice.

Annotations

Commencement

I1

Reg. 8 in force at 1.10.2009, see reg. 1(1)