Licensing Act 2003 (Miscellaneous Amendments) Regulations 2017

STATUTORY INSTRUMENTS
2017 No. 411
LICENCES AND LICENSING
The Licensing Act 2003 (Miscellaneous Amendments)
Regulations 2017
Made
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-
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Laid before Parliament
Coming into force -
14th March 2017
16th March 2017
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6th April 2017
The Secretary of State makes the following Regulations in exercise of the powers conferred by
sections 25A(1)(a), 37(3)(a), 47(2), 54, 71(5), 91, 100(4) and (5)(b), 104A(2)(a)(c),
106A(4)(a)(d), 107(7), 125(4), 133, 169A(3), 178(1)(b), 193(e) and 197(2) of the Licensing Act
2003(f).
Citation and commencement
1. These Regulations may be cited as the Licensing Act 2003 (Miscellaneous Amendments)
Regulations 2017 and come into force on 6th April 2017.
Amendments to the Licensing Act 2003 (Personal licences) Regulations 2005
2.—(1) The Licensing Act 2003 (Personal licences) Regulations 2005(g) are amended as
follows.
(2) In regulation 5(a)—
(a) after “unique to the licence”, insert “and”;
(b) omit “and the date of the expiry of the licence”.
(3) In regulation 6(h)—
(a) in the heading, omit “or renewal”;
(b) in paragraph (1), omit “or renewal”;
(c) omit paragraph (2).
(4) In regulation 7(c)(i), substitute—
(a) Section 25A was inserted by S.I. 2009/1724.
(b) Subsection (5)(b) was amended by section 115(1) and (2)(b) of the Police Reform and Social Responsibility Act 2011(c.
13).
(c) Section 104A was inserted by section 114(1) and (7) of the Police Reform and Social Responsibility Act 2011.
(d) Section 106A was inserted by section 113(1) and (3) of the Police Reform and Social Responsibility Act 2011.
(e) See the definitions of “prescribed” and “regulations”. There are amendments to section 193 which are not relevant to these
Regulations.
(f) 2003 c. 17.
(g) S.I. 2005/41, amended by S.I. 2012/946 and S.I. 2014/3284.
(h) There are amendments to regulation 6 which are not relevant to these Regulations.
(i) There are amendments to regulation 7 which are not relevant to these Regulations.
“(c) a declaration by the applicant, in the form set out in Schedule 3, that the
applicant—
(i) has not been convicted of a relevant offence or a foreign offence,
(ii) has not been required to pay an immigration penalty, or
(iii) has been convicted of such an offence or required to pay such a penalty,
accompanied by details of the nature and date of the conviction or penalty and
any sentence in respect of such conviction.”.
(5) Omit regulation 8.
(6) For the form in Schedule 1(a), substitute the form in Schedule 1 to these Regulations.
(7) Omit Schedule 2(b).
(8) For the form in Schedule 3(c), substitute the form in Schedule 2 to these Regulations.
(9) Omit Schedule 4.
Amendment to the Licensing Act 2003 (Fees) Regulations 2005
3.—(1) The Licensing Act 2003 (Fees) Regulations 2005(d) are amended as follows.
(2) In the table in Schedule 6, in the thirteenth row of Column 1, omit “or renewal”.
Amendments to the Licensing Act 2003 (Premises licences and club premises certificates)
Regulations 2005
4.—(1) The Licensing Act 2003 (Premises licences and club premises certificates) Regulations
2005(e) are amended as follows.
(2) For the form in Schedule 1, substitute the form in Schedule 3 to these Regulations.
(3) For the form in Schedule 2(f), substitute the form in Schedule 4 to these Regulations.
(4) For the form in Schedule 3(g), substitute the form in Schedule 5 to these Regulations.
(5) For the form in Schedule 4(h), substitute the form in Schedule 6 to these Regulations.
(6) For the form in Schedule 4A(i), substitute the form in Schedule 7 to these Regulations.
(7) For the form in Schedule 4B(j), substitute the form in Schedule 8 to these Regulations.
(8) For the form in Schedule 5, substitute the form in Schedule 9 to these Regulations.
(9) For the form in Schedule 6(k), substitute the form in Schedule 10 to these Regulations.
(10) For the form in Schedule 7(l), substitute the form in Schedule 11 to these Regulations.
(11) For the form in Schedule 8(m), substitute the form in Schedule 12 to these Regulations.
(12) For the form in Schedule 9(n), substitute the form in Schedule 13 to these Regulations.
(13) For the form in Schedule 10(o), substitute the form in Schedule 14 to these Regulations.
(14) For the form in Schedule 11, substitute the form in Schedule 15 to these Regulations.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
The form in Schedule 1 was substituted by S.I. 2012/946.
The form in Schedule 2 was substituted by S.I. 2012/446 and S.I. 2014/3284.
The form in Schedule 3 was substituted by S.I. 2012/446.
S.I. 2005/79, amended by S.I. 2005/357 and S.I. 2009/1809.
S.I. 2005/42, amended by S.I. 2009/1809, S.I. 3159, S.I. 2010/2851, S.I. 2012/955, S.I. 2012/2290 and S.I. 2013/432.
The form in Schedule 2 was substituted by S.I. 2010/2851 and S.I. 2012/2290.
The form in Schedule 3 was substituted by S.I. 2010/2851 and S.I. 2012/2290.
The form in Schedule 4 was substituted by S.I. 2012/2290 and S.I. 2013/432.
The form in Schedule 4A was inserted by S.I. 2009/1809.
The form in Schedule 4B was inserted by S.I. 2009/1809 and substituted by S.I. 2012/2290.
The form in Schedule 6 was substituted by S.I. 2010/2851 and S.I. 2012/955.
The form in Schedule 7 was substituted by S.I. 2010/2851.
The form in Schedule 8 was substituted by S.I. 2012/955.
Part B of the form in Schedule 9 was substituted by S.I. 2012/2290.
The form in Schedule 10 was substituted by S.I. 2012/2290 and 2013/432.
2
Amendments to the Licensing Act 2003 (Permitted Temporary Activities) (Notices)
Regulations 2005
5.—(1) The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations
2005(a) are amended as follows.
(2) For the form in Schedule 1(b), substitute the form in Schedule 16 to these Regulations.
(3) For the form in Schedule 2(c), substitute the form in Schedule 17 to these Regulations.
(4) For the form in Schedule 3(d), substitute the form in Schedule 18 to these Regulations.
(5) For the form in Schedule 4(e), substitute the form in Schedule 19 to these Regulations.
Amendments to the Licensing Act 2003 (Persistent Selling of Alcohol to Children)
(Prescribed Form of Closure Notice) Regulations 2012
6.—(1) The Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of
Closure Notice) Regulations 2012(f) are amended as follows.
(2) For the form in the Schedule, substitute the form in Schedule 20 to these Regulations.
Sarah Newton
Parliamentary Under Secretary of State
Home Office
14th March 2017
(a)
(b)
(c)
(d)
(e)
(f)
S.I. 2005/2918.
The form in Schedule 1 was substituted by S.I. 2010/2851, 2012/960, S.I. 2012/2290, S.I. 2014/2417 and S.I. 2016/20.
The form in Schedule 2 was substituted by S.I. 2012/960.
The form in Schedule 3 was inserted by S.I. 2012/960.
The form in Schedule 4 was inserted by S.I. 2012/960.
S.I. 2012/963.
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SCHEDULE 1
4
Regulation 2(6)
5
6
7
8
9
SCHEDULE 2
10
Regulation 2(8)
11
12
13
SCHEDULE 3
14
Regulation 4(2)
15
16
17
18
SCHEDULE 4
19
Regulation 4(3)
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
SCHEDULE 5
43
Regulation 4(4)
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
SCHEDULE 6
63
Regulation 4(5)
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
SCHEDULE 7
83
Regulation 4(6)
84
85
86
87
SCHEDULE 8
88
Regulation 4(7)
89
90
91
92
93
94
95
96
SCHEDULE 9
97
Regulation 4(8)
98
99
100
SCHEDULE 10
101
Regulation 4(9)
102
103
104
105
106
107
108
109
SCHEDULE 11
110
Regulation 4(10)
111
112
113
114
115
116
117
SCHEDULE 12
118
Regulation 4(11)
119
120
121
122
123
124
SCHEDULE 13
125
Regulation 4(12)
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
SCHEDULE 14
148
Regulation 4(13)
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
SCHEDULE 15
166
Regulation 4(14)
167
SCHEDULE 16
168
Regulation 5(2)
169
170
171
172
173
174
175
176
177
178
179
180
SCHEDULE 17
181
Regulation 5(3)
SCHEDULE 18
182
Regulation 5(4)
183
SCHEDULE 19
184
Regulation 5(5)
SCHEDULE 20
185
Regulation 6(2)
186
187
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Licensing Act 2003 (Personal licences) Regulations 2005 (S.I.
2005/41) and the Licensing Act 2003 (Fees) Regulations 2005 (S.I. 2005/79) so as to remove
references to the renewal of personal licences and the accompanying fee. Section 68 of the
Deregulation Act 2015 (c. 20) removes the need for the holders of personal licences to apply to
renew them.
These Regulations also amend the Licensing Act 2003 (Premises Licences and Club Premises
Certificates) Regulations 2005 (S.I. 2005/42), the Licensing Act 2003 (Permitted Temporary
Activities)(Notices) Regulations 2005 (S.I. 2005/2918) and the Licensing Act 2003 (Persistent
Selling of Alcohol to Children)(Prescribed Form of Closure Notice) Regulations 2012 (S.I.
2012/963) so as to replace certain forms in those Regulations in order to reflect the following
changes in legislation. Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10) removes the limit on the amount of a fine that a magistrates’ court can impose. The
Immigration Act 2016 (c. 19) introduces measures to regulate the granting of personal licences to
those convicted of certain immigration offences or who have been required to pay a civil
immigration penalty, and to prevent those without an entitlement to live and work in the UK from
holding a personal or premises licence. These changes are made by way of amendment to the
Licensing Act 2003 (c. 17). The Legislative Reform (Entertainment Licensing) Order 2014 (S.I.
2014/3253) also amends the Licensing Act 2003 so that in certain circumstances the provision of
regulated entertainment no longer needs to be authorised under the 2003 Act.
A full impact assessment has not been produced for this instrument as no or no significant impact
on the private, voluntary or public sectors is foreseen.
© Crown copyright 2017
Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo,
Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament.
UK201703154 03/2017 19585
http://www.legislation.gov.uk/id/uksi/2017/411
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