The Licensing Act 2003 (Fees) Regulations 2005
| Jurisdiction | UK Non-devolved |
2005 No. 79
LICENCES AND LICENSING
The Licensing Act 2003 (Fees) Regulations 2005
Made 20th January 2005
Laid before Parliament 20th January 2005
Coming into force 7th February 2005
The Secretary of State, in exercise of the powers conferred upon her by sections 55, 92, 100(7)(b), 110(3), 133(2) and 178(1)(b) of the Licensing Act 20031, hereby makes the following Regulations:
PART 1
GENERAL
Citation and commencement
1. These Regulations may be cited as the Licensing Act 2003 (Fees) Regulations 2005 and shall come into force on 7th February 2005.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Licensing Act 2003;
“college” means a college or similar institution principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19;
“rateable value” as regards a premises, is the value for the time being in force for the premises entered in the local non-domestic rating list for the purposes of Part III of the Local Government Finance Act 19882; and
“school” means a school within the meaning of section 4 of the Education Act 19963.
(2) For the purposes of these Regulations, a reference to—
(a)
(a) a paragraph in a regulation or Schedule, a Schedule or a Part is a reference to the paragraph in that regulation or Schedule, the Schedule or the Part in these Regulations; and
(b)
(b) a section shall be construed as a reference to the section in the Act.
Bands for premises
3.—(1) In a case where a premises has a rateable value specified in column 1 of the table in Schedule 1, the premises shall be in the band specified for that rateable value in column 2 of that table.
(2) Except in a case where a premises is in the course of construction, in which case the premises shall be in Band C, in all other cases, the premises shall be in Band A.
(3) For the purposes of this regulation, in a case where the premises forms part only of a hereditament in the local non-domestic rating list for the purposes of Part III of the Local Government Finance Act 1988, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament of which it forms part.
(4) For the purposes of this regulation, in a case where the premises comprises two or more hereditaments in the local non-domestic rating list, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament with the highest rateable value.
PART 2
PREMISES LICENCES
Fee to accompany application for grant or variation of premises licence
4.—(1) Subject to regulation 9, in respect of an application under section 17 (application for premises licence) or section 34 (application to vary premises licence), the fee to accompany the application shall be determined in accordance with the following provisions of this regulation.
(2) Subject to paragraph (4), in a case where the application under section 17 or section 34 relates to –
(i)
(i) a premises in Band D or Band E; and
(ii)
(ii) the use of the premises exclusively or primarily for the carrying on on the premises of the supply of alcohol for consumption on the premises,
the amount of the fee shall be –
(a)
(a) in the case of premises in Band D, two times the amount of the fee applicable for the Band appearing in column 1 of the table in Schedule 2 specified in column 2 of the table, and
(b)
(b) in the case of premises in B and E, three times the amount of the fee applicable for that Bank appearing in column 1 of the table in Schedule 2 specified in column 2 of the table
(3) Subject to paragraphs (4) and, in the case of an application under section 34, (6), in all other cases, the fee to accompany the application shall be the fee applicable to the band appearing in column 1 of the table in Schedule 2 for the premises to which the application relates, determined in accordance with regulation 3, specified in column 2 of that table.
(4) Subject to paragraph (5), where 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 5,000 or more, an application under paragraph (1) must be accompanied by an additional fee, the amount of which shall be the fee applicable to the range of number of persons within which falls the maximum number of persons the applicant proposes to be so allowed on the premises in column 1 of the table in Schedule 3 specified in column 2 of that table.
(5) Paragraph (4) does not apply where the premises in respect of which the application has been made—
(a)
(a) is a structure which is not a vehicle, vessel or moveable structure; and
(b)
(b) has been constructed or structurally altered for the purpose, or for purposes which include the purpose, of enabling—
(i) the premises to be used for the licensable activities the applicant proposes the licence should authorise,
(ii) the premises to be modified temporarily from time to time, if relevant, for the premises to be used for the licensable activities referred to in the application;
(iii) at least the 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, to be allowed on the premises at such times, and
(iv) the premises to be used in a manner which is not inconsistent with the operating schedule accompanying the application.
(6) In respect of an application under section 34 made at the same time as an application under paragraph 2 of Schedule 8 to the Act and which relates in any way or to any extent to the supply of alcohol for consumption on the premises to which the application relates, the fee to accompany the application under section 34 shall be the fee applicable to the band appearing in column 1 of the table in Schedule 4 for the premises to which the application relates, determined in accordance with regulation 3, specified in column 2 of that table.
Annual fee for premises licence
5.—(1) Subject to regulation 10, the holder of a premises licence shall pay to the relevant licensing authority an annual fee, the amount of which shall be determined in accordance with the following provisions of this regulation.
(2) In the case of premises in Band D or Band E that are relevant premises, the amount of the annual fee shall be—
(a)
(a) in the case of premises in Band D, two times the amount of the fee applicable for that Band appearing in column 1 of the table in Part 1 of Schedule 5 specified in column 2 of that table; and
(b)
(b) in the case of premises in Band E, three times the amount of the fee applicable for that Band appearing in column 1 of the table in Part 1 of Schedule 5 specified in column 2 of that table.
(3) In all other cases, the amount of the fee shall be the fee applicable to the band appearing in column 1 of the table in Part 1 of Schedule 5 for the premises, determined in accordance with regulation 3, specified in column 2 of that table.
(4) Subject to paragraph (5), in the case of a premises licence authorising licensable activities to take place where the number of persons the holder of the licence may allow on the premises at the same time is 5,000 or more, the holder of the licence shall pay to the said authority an additional annual fee, the amount of which shall be the fee applicable to the range of number of persons within which falls the maximum number of persons the applicant so allows on the premises in column 1 of the table in Part 2 of Schedule 5 specified in column 2 of that table.
(5) Paragraph (4) does not apply where the premises in respect of which the premises licence has effect—
(a)
(a) is a structure which is not a vehicle, vessel or moveable structure; and
(b)
(b) has been constructed or structurally altered for the purpose, or for purposes which include the purpose, of enabling—
(i) the premises to be used for the licensable activities authorised by the licence,
(ii) the premises to be modified temporarily from time to time, if relevant, for the premises to be used for the licensable activities;
(iii) at least the 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, to be allowed on the premises at such times, and
(iv) the premises to be used in a manner which is not inconsistent with the licence.
(6) The fee determined under paragraphs (2), (3) or (4) shall become due and payable each year on the anniversary of the date of the grant of the premises licence.
(7) In this regulation “relevant premises” are premises which are exclusively or primarily used for the supply of alcohol for consumption on the premises.
PART 3
CLUB PREMISES CERTIFICATES
Fee to accompany application for grant or variation of club premises certificate
6.—(1) Subject to regulation 9, in respect of an application under section 71 (application for club premises certificate) or, subject to paragraph (2), section 84 (application to vary club premises certificate), the fee to accompany the application shall be the fee applicable to the band appearing in column 1 of the table in Schedule 2 for the premises to which the application relates, determined in accordance with regulation 3, specified in column 2 of that table.
(2) In respect of an application under section 84 made at the same time as an application under paragraph 14 of Schedule 8 to the Act, the requirement under paragraph (1) for a fee to accompany the application under section 84 does not...
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