The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005

• (1) The requirement in regulation 21 is satisfied in relation to an application or notice if the information comprising the application or notice is transmitted to the recipient by means of a relevant electronic facility.

• (2) A plan or other document that accompanies an application or notice, and which is capable of being transmitted by means of a relevant electronic facility, may be transmitted to the recipient by means of that facility, together with the application or notice.

• (3) Subject to paragraph (4) where information comprising an application or notice is transmitted by means of a relevant electronic facility the application or notice is to be taken as given at the time the information comprising it, and any accompanying plan or document, becomes accessible to the recipient by means of that facility.

• (4) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.

Applications, notices and representations given by other electronic means

21B

• (1) In the case of an application for review under section 51 or section 87, or of representations, the requirement in regulation 21 is satisfied if—

• (a) the information comprising the application or representations is—

• (i) transmitted by electronic means (other than a relevant electronic facility),

• (ii) capable of being accessed by the recipient,

• (iii) clear and legible in all material respects, and

• (iv) capable of being—

• (aa) read and reproduced in written form, and

• (bb) used for subsequent reference

• by the recipient;the person to whom the application is to be given, or to whom the representations are to be made has agreed in advance to the use of electronic means for that purpose; andforthwith on sending the information comprising the application or representations by electronic means the application is, or the representations are, given to the recipient in writing.

• (2) Paragraph (1)(c) does not apply in respect of an application or representations if the recipient has agreed in advance that the application or representations need not be given in writing.

• (3) A plan or other document that accompanies an application given or representations made pursuant to paragraph (1) may be given by electronic means, provided that the requirements of that paragraph are met in relation to the information contained in the plan or document.

• (4) Subject to paragraph (5), where information comprising an application or representations (“the information”) is transmitted by electronic means pursuant to paragraph (1) the application is, or the representations are, to be taken as given at the time the requirements of paragraph (1)(a) and (b) are satisfied with respect to—

• (a) the information, and

• (b) any accompanying plan or document.

• (5) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.

Representations

Plans

Consents

Advertisement of applications

Advertisement of applications: minor variations

Notice to responsible authority: applications made by means of relevant facility

Notice to responsible authority: other cases

27A

In the case of—

• (a) an application of a kind referred to in regulation 27(2) made otherwise than as described in regulation 27(1), or

• (b) an application for a review under section 51 or section 87,

Notice to chief officer of police etc.

Notification of review

Notices given by licensing authority: applications given by means of relevant electronic facility

39B

• (1) Where a notice or statement to which this regulation applies is given by a relevant licensing authority in connection with an application made in accordance with regulation 21A, the notice must be given by means of the relevant electronic facility through which the application was transmitted to the authority.

• (2) This regulation applies to—

• (a) a notice given to an applicant under section 23(1)(a)(i) or (3)(a), 36(1)(a) or (4)(a), 39(4)(a), 41C, 44(7), 45(1)(a), 50(6)(a), 77(1)(a)(i) or (3)(a), 86(1)(a) or (4)(a) or 86C;

• (b) a statement issued to an applicant under section 31(2) or (3)(c);

• (c) a notice given to a club under section 63(3).

Provision of forms, notices and applications

Validity of forms, notices and application

Acknowledgement of notification of an interest

Advertisement of applications by applicant

Advertisement of applications by licensing authority

26B

In the case of an application for a premises licence under section 17, for a provisional statement under section 29, to vary a premises licence under section 34 (except where the only variation sought is the inclusion of the alternative licence condition), for a club premises certificate under section 71 or to vary a club premises certificate under section 84, the relevant licensing authority shall advertise the application—

• (a) for a period of no less than 28 consecutive days starting on the day after the day on which the application was given to the relevant licensing authority;

• (b) by publication of a notice on its website containing the information set out in regulation 26C.

26C

• (1) In the case of an application for a premises licence or a club premises certificate, the notice referred to in regulation 26B shall contain a statement of the relevant licensable activities or relevant qualifying club activities as the case may require which it is proposed will be carried on on or from the premises.

• (2) In the case of an application for a provisional statement, the notice referred to in regulation 26B—

• (a) shall state that representations are restricted after the issue of a provisional statement; and

• (b) where known, may state the relevant licensable activities which it is proposed will be carried on on or from the premises.

• (3) In the case of an application to vary a premises licence or a club premises certificate, the notice referred to in regulation 26B shall briefly describe the proposed variation.

• (4) In all cases, the notice referred to in regulation 26B shall state—

• (a) the name of the applicant or club;

• (b) the postal address of the premises or club premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises or club premises to be identified;

• (c) the postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and where and when the record of the application may be inspected;

• (d) the date by which a responsible authority or any other person may make representations to the relevant licensing authority;

• (e) that representations must be made in writing; and

• (f) that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

Notice to responsible authority: applications made by means of relevant facility

Notice to responsible authority: other cases

Notice to chief officer of police etc.

Notification of review

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