STATUTORY INSTRUMENTS 2017 No. 411 LICENCES AND LICENSING The Licensing Act 2003 (Miscellaneous Amendments) Regulations 2017 Made - - - - Laid before Parliament Coming into force - 14th March 2017 16th March 2017 - 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. 3 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/2017/411 188
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