The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/42 |
2005 No. 42
LICENCES AND LICENSING
The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
Made 12th January 2005
Laid before Parliament 13th January 2005
Coming into force 7th February 2005
The Secretary of State, in exercise of the powers conferred upon her by sections 13(4)(i), 17(3)(b), 17(4)(h), 17(5)(a)(i), 17(5)(a)(ii), 17(5)(b), 17(5)(c), 24(1), 29(6), 30(2), 34(5), 37(3)(a), 47(2)(a), 51(3), 54, 69(4), 71(4)(b), 71(5), 71(6), 78(1), 84(4), 87(3), 91, 167(4), 178(1)(b) and 197 of the Licensing Act 20031, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 and shall come into force on 7th February 2005.
Interpretation
2.—(1) In these Regulations, unless the context requires otherwise—
“the Act” means the Licensing Act 2003;
“alternative scale plan” means a plan in a scale other than the standard scale;
“application” means an application made to a relevant licensing authority under Part 3 or Part 4 of the Act as the case may require and a reference to applications shall be construed accordingly;
“club” means a qualifying club within the meaning of section 61 of the Act;
“fire and other safety equipment” includes fire extinguishers, fire doors, fire alarms, marine safety equipment, marine evacuation equipment and other similar equipment;
“legible in all material respects” means that the information contained in the application, notice or representations is available to the recipient to no lesser extent than it would be if given by means of a document in written form;
“notice” means a notice given to a relevant licensing authority under Part 3 or Part 4 of the Act as the case may require and a reference to notices shall be construed accordingly;
“prescribed fee” in relation to an application or notice, shall be the fee for such application or notice calculated in accordance with regulations made by the Secretary of State under Part 3 and Part 4 of the Act or in accordance with an order made by the Secretary of State under Schedule 8 to the Act;
“relevant licensing authority” shall be construed in accordance with section 12, 68 or 171 of, or paragraph 1 or 13 of Schedule 8 to, the Act, as the case requires;
“representations” means representations made to a relevant licensing authority under Part 3, Part 4 or Part 8 of the Act as the case may require made by an interested party or a responsible authority in relation to an application or a review;
“review” means a review under Part 3, 4 or 8 of the Act as the case may require and a reference to reviews shall be construed accordingly;
“second appointed day” in relation to a premises licence, means the day as specified as such for the purposes of Part 1 of Schedule 8 to the Act and, in relation to a club premises certificate means the day as specified as such for the purposes of Part 2 of Schedule 8 to the Act; and
“standard scale” means that 1 millimetre represents 100 millimetres.
(2) For the purposes of these Regulations a reference to—
(a)
(a) a paragraph in a regulation or in a Schedule, a Schedule or a Part is a reference to the paragraph in that regulation or that Schedule, the Schedule or the Part in these Regulations; and
(b)
(b) a section should be construed as a reference to the section of the Act.
PART 1
INTRODUCTORY
Scope of Regulations
3. These Regulations apply to applications, notices, representations and reviews.
4. A person applying for a premises licence, a provisional statement, a variation of a premises licence, a review of a premises licence or a transfer of a premises licence or giving an interim authority notice shall comply with the appropriate provisions of Parts 2 and 4.
5. A club applying for a club premises certificate or a variation of a club premises certificate or a person applying for a review of a club premises certificate shall comply with the appropriate provisions of Parts 3 and 4.
6. The relevant licensing authority in relation to an application, notice, representations or a review shall comply with the appropriate provisions of Parts 4 and 5.
Responsible authorities
7. For the purposes of sections 13(4) and 69(4), the local weights and measures authority (within the meaning of section 69 of the Weights and Measures Act 19852) for any area in which the premises is situated is a responsible authority.
Person giving interim authority notice
8. For the purposes of section 47(2)(a), a person has a prescribed interest in the premises concerned if he has a legal interest in the premises as freeholder or leaseholder.
Rights of freeholder etc. to be notified of licensing matters
9. In a case of a person giving a notice of his property interest in any premises under section 178, that notice shall be in the form and shall contain the information set out in Schedule 1 and shall be accompanied by the prescribed fee.
PART 2
PREMISES LICENCES
Premises licences
10. An application for a premises licence under section 17 shall be in the form and shall contain the information set out in Schedule 2 and shall be accompanied by the prescribed fee.
Provisional statements
11. An application for a provisional statement under section 29 shall be in the form and shall contain the information set out in Schedule 3 and shall be accompanied by the prescribed fee.
Variation of premises licences
12. An application to vary a premises licence under section 34 shall be in the form and shall contain the information set out in Schedule 4 and shall be accompanied by the prescribed fee (provided that in a case where the application to vary is made at the same time as an application under paragraph 2 of Schedule 8 to the Act, the application shall be in the form and shall contain the information set out in Part B of Schedule 1 to the Licensing Act 2003 (Transitional provisions) Order 20053).
Variation of premises licences to specify premises supervisor
13. An application to vary a premises licence so as to specify the individual named in the application as the premises supervisor under section 37 shall be in the form and shall contain the information set out in Schedule 5 and shall be accompanied by the prescribed fee (provided that in a case where the application is made at the same time as an application under paragraph 2 of Schedule 8 to the Act, the application shall be in the form and shall contain the information set out in Part B of Schedule 1 to the Licensing Act 2003 (Transitional provisions) Order 2005).
Transfer of premises licences
14. An application to transfer a premises licence under section 42 shall be in the form and shall contain the information set out in Schedule 6 and shall be accompanied by the prescribed fee.
Interim authority notices
15. An interim authority notice given under section 47 shall be in the form and shall contain the information set out in Schedule 7 and shall be accompanied by the prescribed fee.
Review of premises licences
16. An application for a review of a premises licence under section 51 shall be in the form and shall contain the information set out in Schedule 8.
PART 3
CLUB PREMISES CERTIFICATES
Qualifying club
17. A club applying for a club premises certificate under section 71 on or before making such an application shall make a declaration to the relevant licensing authority in the form and containing the information set out in Part A of Schedule 9.
Club premises certificates
18. An application for a club premises certificate under section 71 shall be in the form and shall contain the information set out in Part B of Schedule 9 and shall be accompanied by the prescribed fee.
Variation of club premises certificates
19. An application to vary a club premises certificate under section 84 shall be in the form and shall contain the information set out in Schedule 10 and shall be accompanied by the prescribed fee (provided that in a case where the application to vary is made at the same time as an application under paragraph 14 of Schedule 8 to the Act, the application shall be in the form and shall contain the information set out in Part B of Schedule 4 to the Licensing Act 2003 (Transitional provisions) Order 2005).
Review of club premises certificates
20. An application to review a club premises certificate under section 87 shall be in the form and shall contain the information set out in Schedule 8.
PART 4
GENERAL
Applications, notices and representations
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