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LICENSING vol 26(1)

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LICENSING vol 26(1)

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About this title—authors, overview

Commentary

1 The activities regulated under the Licensing Act 2003

2 Overview of the Licensing Act 2003

3 Introduction

4 Exempted activities

5 The sale and supply of alcohol

6 The provision of regulated entertainment

7 Regulated entertainment—conditions of general application: Licensing Act 2003 Schedule 1 paragraph 1

8 Regulated entertainment—types of entertainment listed: Licensing Act 2003 Schedule 1 paragraph 2

9 The provision of regulated entertainment—exemptions under the Licensing Act 2003 Schedule 1 Part 2

10 The provision of late night refreshment

11 Licensable activities that are qualifying club activities

12 Authorisation for licensable activities and qualifying club activities

13 Introduction

14 Licensing authority

15 General duties of licensing authorities

16 Licensing statements

17 Cumulative impact assessments

18 Licensing committees

19 Exercise and delegation of the licensing authority’s licensing functions

20 Requirement to keep a register

21 Proceedings of the licensing committee

22 Sub-delegation of functions by the licensing committee

23 Premises licences

24 The relevant licensing authority

25 Authorised persons and responsible authorities

26 Meaning of ‘supply of alcohol’

27 Meaning of ‘designated premises supervisor’

28 The applicant for a premises licence

29 Applications for premises licences

30 Application for a premises licence—documents; representations

31 Determination of application for premises licence

32.1 The supply of alcohol

32.2 Mandatory condition where the licence authorises the exhibition of films

32.3 Door supervision

33 Prohibited conditions—plays

34 The grant or rejection of an application for a premises licence

35 Form of premises licence and summary

36 Theft, loss or damage of premises licence or summary

37 Grant of premises licence—supply of alcohol from community premises

38 An application for a premises licence which includes an application for the ‘alternative licence condition’

39 Determination of an application for premises licence which includes an application for the ‘alternative licence condition’

40 Alternative licence conditions and mandatory conditions: Licensing Act 2003 Section 19(2) and (3)

41 Period of validity of a premises licence

42 Death, incapacity, insolvency of the licence holder

43 Surrender of a premises licence

44 Application for a provisional statement where the premises are being built etc

45 Application for provisional statement—documents; representations

46 Determination of application for provisional statement

47 Restriction on representations following an application for a provisional statement

48 Notification of change of name or address

49 Application to vary premises licence

50 Application for variation of premises licence--documents, notices

51 Determination of application to vary premises licences

52 Supplementary provisions about determinations

53 Application to vary premises licence to specify individual as premises supervisor

54 Circumstances in which application to vary the premises licence so as to name a different premises supervisor are given immediate effect

55 Application for variation of premises licence to specify individual as premises supervisor—documents, representations

56 Determination of application to vary premises licence to specify individual as premises supervisor

57 Duty of applicant following rejection or grant of application to vary premises licence to specify individual as premises supervisor

58 Request to be removed from the premises licence as the designated premises supervisor

59 Application for minor variation of premises licence

60 Application for minor variation of premises licence—documents, representations

61 Determination of application for minor variation of premises licence

62 Application for transfer of premises licence

63 Application for transfer of premises licence—documents; representations

64 Circumstances in which transfer application given interim effect

65 Determination of transfer application

66 Notification of determination of transfer application

67 Duty to notify designated premises supervisor of transfer of premises licence

68 Interim authority notice following death etc of licence holder

69 Giving of an interim authority—documents; representations

70 Cancellation of interim authority notice following objections by the police or the Secretary of State

71 Supplementary provisions about interim authority notices

72 Reinstatement of licence on transfer following death etc of holder of premises licence

73 Application for review of premises licence

74 Application for review of a premises licence—documents, representations

75 Determination of application for review of premises licence

76 Determination of application for review where the supply of alcohol is from community premises

77 Supplementary provision about review

78 Summary review of premises licence on the application of a senior police officer

79 Summary review of a premises--documents, representations

80 Interim steps pending summary review of premises licence

81 Determination of application for summary review of premises licence

82 Interim steps pending summary review of a premises licence

83 Form of applications and notices

84 Fees

85 Duties and inspections

86 Appeals

87 Club premises certificate

88 Qualifying clubs

89 The general conditions

90 Determining whether a club is established and conducted in good faith

91 Additional conditions where alcohol is to be supplied by the club

92 Special provisions for registered societies etc

93 Miners’ welfare institutes

94 Associate members and their guests

95 The relevant licensing authority

96 Authorised persons and responsible authorities

97 Other definitions relating to clubs

98 Application for club premises certificate

99 Application for a club premises certificate—documents; representations

100 Determination of application for club premises certificate

101 Club premises certificate authorising the supply of alcohol for consumption off the premises

102 Mandatory conditions relating to the supply of alcohol to members or guests

103 Mandatory condition where the club premises certificate authorises the exhibition of films

104.1 Associate members and their guests

104.2 Plays

105 The grant or rejection of an application for a club premises certificate

106 Form of club premises certificate and summary

107 Theft, loss etc of club premises certificate or summary

108 Period of validity of a club premises certificate

109 Surrender of a club premises certificate

110 Notification of change of name or alteration of rules of the club

111 Change of relevant registered address of club

112 Application to vary club premises certificate under Section 84 of the Licensing Act 2003

113 Application for variation of club premises certificate—documents, representations

114 Determination of application to vary club premises certificate

115 Supplementary provisions for applications to vary club premises certificates

116 Application for minor variation of club premises certificate

117 Application for minor variation of club premises certificate—documents, representations

118 Determination of application for minor variation of club premises certificate

119 Application for review of club premises certificate

120 Review of a club premises certificate—documentation, representations

121 Determination of application for review of a club premises certificate

122 Supplementary provision about review of a club premises certificate

123 Club ceasing to be a qualifying club

124 Form of applications and notices

125 Fees

126 Licensing authority’s duty to update club premises certificate

127 Appeals

128 Introduction to temporary event notices

129 Permitted temporary activities

130 ‘Relevant licensing authority’ and ‘relevant person’

131 Temporary event notice

132 ‘Standard’ and ‘late’ temporary event notices

133 Minimum of 24 hours between event periods

134 Acknowledgment of a temporary event notice

135 Withdrawal of a temporary event notice

136 Objection to a temporary event notice by a relevant person

137 Counter notice following objection to late temporary event notice

138 Counter notice following objection to a standard temporary event notice

139 Modification of standard temporary event notice following an objection notice

140 Conditions on standard temporary event notice following objection

141 Counter notice where permitted limits as to the use of temporary event notices are exceeded

142 Right of entry where temporary event notice is given

143 Duty to keep and produce temporary event notice and statement of conditions

144 Theft, loss, etc of temporary event notice or statement of conditions

145 Introduction to Part 5A notices

146 General conditions for permitted sales by retail of alcohol under Part 5A of the Licensing Act 2003

147 The community event conditions

148 The ancillary business sales conditions

149 The validity of Part 5A notices

150 ‘Relevant licensing authority’ and ‘relevant person’

151 Acknowledgment of a Part 5A notice

152 Theft, loss etc of a Part 5A notice

153 Objections to a Part 5A notice

154 Counter notices to Part 5A notices

155 Right to enter premises to which a Part 5A notice relates

156 Duty to keep and produce a Part 5A notice

157 Personal licences

158 The relevant licensing authority

159 ‘Relevant offence’, ‘foreign offence’, ‘immigration offence’ and ‘immigration penalty’

160 Spent convictions

161 The period of validity of personal licence

162 Surrender of a personal licence

163 Application for grant of a personal licence

164 The Licensing Act 2003 (Personal licences) Regulations 2005

165 Individual permitted to hold only one personal licence

166 Determination of application for the grant of a personal licence

167 Notification of determination of applications for grants of personal licences

168 The duty of the applicant for a personal licence to notify the licensing authority of convictions etc during the application period

169 The applicant’s convictions coming to light after the grant of a personal licence

170 Form of personal licence

171 Theft, loss etc of personal licences

172 Notification of change of name or address

173 Duty upon personal licence holder to notify court of personal licence

174 Forfeiture or suspension of a personal licence on conviction for a relevant offence under the Licensing Act 2003 Section 129

175 The powers of the appellate courts under the Licensing Act 2003 Section 130 to suspend an order for forfeiture or suspension of a personal licence made under Section 129

176 Court’s duty to notify the licensing authority of convictions

177 Personal licence holder’s duty to notify relevant licensing authority of convictions etc

178 Powers of the licensing authority on becoming aware of convictions etc. of a personal licence holder

179 Form of applications and notices under Part 6 of the Licensing Act 2003

180 Duty of licensing authority to update the personal licence

181 Personal licence holder’s duty to produce the personal licence

182 Offences under the Licensing Act 2003

183 Unauthorised licensable activities

184 Exposing alcohol for unauthorised sale

185 Keeping alcohol on premises for unauthorised sale etc

186 The defence of due diligence

187 Allowing disorderly conduct on licensed premises etc

188 Sale of alcohol to a person who is drunk

189 Obtaining alcohol for a person who is drunk

190 Failing to leave licensed premises etc

191 Keeping of smuggled goods

192 Unaccompanied children prohibited from certain premises

193 Sale of alcohol to children

194 Allowing the sale of alcohol to children

195 Persistently selling alcohol to children

196 Suspension of premises licence following conviction under Section 147A of the Licensing Act 2003

197 Purchase of alcohol by or on behalf of children

198 Consumption of alcohol by children

199 Delivering alcohol to children

200 Sending a child to obtain alcohol

201 Prohibition of unsupervised sales by children

202 Enforcement role for weights and measures authorities

203 Confiscation of sealed containers of alcohol

204 Prohibition of alcohol on moving vehicles

205 Power to prohibit sale of alcohol on trains

206 False statements made for the purposes of the Licensing Act 2003

207 Interpretation of Part 7 of the Licensing Act 2003

208 Introduction to the closure of premises

209 Orders to close premises in an area experiencing disorder

210 Review of premises licences following closure orders

211 Provision about decisions under Section 167 of the Licensing Act 2003

212 Closure notices for persistently selling alcohol to children

213 Effect of closure notices

214 Exemption of police and trading standards officers from liability for damages

215 Interpretation of Part 8 of the Licensing Act 2003

216 Miscellaneous and supplementary provisions of the Licensing Act 2003

217 Relaxation of opening hours for special occasions

218 Early morning alcohol restriction orders

219 Activities in certain locations not licensable

220 Certification of premises on grounds of national security

221 Exemption for ‘incidental lotteries’

222 Prohibition of alcohol sales at service areas, garages etc

223 Dancing in certain small premises

224 Licence review for live and recorded music

225 Right of freeholder etc to be notified of licensing matters

226 Rights of entry to investigate licensable activities

227 Right of entry to investigate offences under the Licensing Act 2003

228 Appeals against decisions of licensing authorities

229 Guidance issued by the Secretary of State under the Licensing Act 2003 Section 182

230 Hearings by a licensing authority under the Licensing Act 2003

231 Giving of notices etc

232 Provision of information

233 Proceedings for offences

234 Offences by bodies corporate, partnerships and unincorporated associations

235 Jurisdiction and procedure in respect of offences

236 Vessels, vehicles and moveable structures

237 Location of sales

238 Meaning of ‘alcohol’

239 Meaning of ‘sale by retail’ in relation to alcohol

240 Entitlement to work in the United Kingdom

241 Other definitions/index of defined expressions in the Licensing Act 2003

242 Crown application of the Licensing Act 2003

243 Removal of privileges and exemptions

244 Minor and consequential amendments made by the Licensing Act 2003

245 Repeals made by the Licensing Act 2003

246 Transitional provisions etc made by the Licensing Act 2003

247 Licensing Act 2003—short title, commencement and extent

248 Introduction

249 Appeals following decisions to reject applications relating to premises licences

250 Appeals following decisions to grant premises licences or to impose conditions etc

251 Appeals following the issue of provisional statements under Section 31(3)(c) of the Licensing Act 2003

252 Appeals following decisions to vary premises licences under Section 35 of the Licensing Act 2003

253 Appeals following decisions to vary premises licences to specify a new individual as the premises supervisor

254 Appeals following decisions to transfer premises licences

255 Appeals following decisions made in relation to interim authority notices

256 Appeal following decision made on review of premises licences

257 Appeal following decision made on summary review of premises licences

258 Appeals following review of interim steps pending decision on review notice

259 Appeals following decisions to reject applications relating to club premises certificates

260 Appeals following decisions to grant club premises certificates or to impose conditions etc

261 Appeals following decisions to vary club premises certificates under Section 85 of the Licensing Act 2003

262 Appeals following decisions made on reviews of club premises certificates

263 Appeals following withdrawals of club premises certificates

264 Temporary event notices

265 Personal licences

266 Personal licence appeals by the Secretary of State

267 Closure orders

268 Magistrates’ court not entitled to entertain certain questions about an individual’s immigration status on appeal under Schedule 5

269 Introduction

270 Schedule 1—the provision of regulated entertainment

271 Schedule 2—the provision of late night refreshment

272 Schedule 3—matters to be entered in the licensing register

273 Schedule 4—relevant offences

274 Schedules 5—8 appeals etc

Stop drafting from scratch and work more productively.

Offering an unrivalled collection of non-litigation precedents for everything specialist and generalist practitioners are likely to encounter.

TAKE A FREE TRIAL