The Licensing Act 2003 (Miscellaneous Amendments) Regulations 2017

Made: 14th March 2017

Laid before Parliament: 16th March 2017

Coming into force: 6th April 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 25A(1)[^f00001], 37(3)(a), 47(2), 54, 71(5), 91, 100(4) and (5)[^f00002], 104A(2)(a)[^f00003], 106A(4)(a)[^f00004], 107(7), 125(4), 133, 169A(3), 178(1)(b), 193[^f00005] and 197(2) of the Licensing Act 2003[^f00006].

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[^f00007] 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[^f00008]—

• (a) in the heading, omit “or renewal”;

• (b) in paragraph (1), omit “or renewal”;

• (c) omit paragraph (2).

• (4) In regulation 7(c)[^f00009], substitute—

(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[^f00010], substitute the form in Schedule 1 to these Regulations.

• (7) Omit Schedule 2[^f00011].

• (8) For the form in Schedule 3[^f00012], 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[^f00013] 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[^f00014] 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[^f00015], substitute the form in Schedule 4 to these Regulations.

• (4) For the form in Schedule 3[^f00016], substitute the form in Schedule 5 to these Regulations.

• (5) For the form in Schedule 4[^f00017], substitute the form in Schedule 6 to these Regulations.

• (6) For the form in Schedule 4A[^f00018], substitute the form in Schedule 7 to these Regulations.

• (7) For the form in Schedule 4B[^f00019], 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[^f00020], substitute the form in Schedule 10 to these Regulations.

• (10) For the form in Schedule 7[^f00021], substitute the form in Schedule 11 to these Regulations.

• (11) For the form in Schedule 8[^f00022], substitute the form in Schedule 12 to these Regulations.

• (12) For the form in Schedule 9[^f00023], substitute the form in Schedule 13 to these Regulations.

• (13) For the form in Schedule 10[^f00024], 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.

Amendments to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005

5

• (1) The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005[^f00025] are amended as follows.

• (2) For the form in Schedule 1[^f00026], substitute the form in Schedule 16 to these Regulations.

• (3) For the form in Schedule 2[^f00027], substitute the form in Schedule 17 to these Regulations.

• (4) For the form in Schedule 3[^f00028], substitute the form in Schedule 18 to these Regulations.

• (5) For the form in Schedule 4[^f00029], 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[^f00030] are amended as follows.

• (2) For the form in the Schedule, substitute the form in Schedule 20 to these Regulations.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

SCHEDULE 13

SCHEDULE 14

SCHEDULE 15

SCHEDULE 16

SCHEDULE 17

SCHEDULE 18

SCHEDULE 19

SCHEDULE 20

Signed

Sarah Newton — Parliamentary Under Secretary of State — Home Office — 14th March 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: Section 25A was inserted by S.I. 2009/1724.

[^f00002]: Subsection (5)(b) was amended by section 115(1) and (2)(b) of the Police Reform and Social Responsibility Act 2011(c. 13).

[^f00003]: Section 104A was inserted by section 114(1) and (7) of the Police Reform and Social Responsibility Act 2011.

[^f00004]: Section 106A was inserted by section 113(1) and (3) of the Police Reform and Social Responsibility Act 2011.

[^f00005]: See the definitions of “prescribed” and “regulations”. There are amendments to section 193 which are not relevant to these Regulations.

[^f00006]: 2003 c. 17.

[^f00007]: S.I. 2005/41, amended by S.I. 2012/946 and S.I. 2014/3284.

[^f00008]: There are amendments to regulation 6 which are not relevant to these Regulations.

[^f00009]: There are amendments to regulation 7 which are not relevant to these Regulations.

[^f00010]: The form in Schedule 1 was substituted by S.I. 2012/946.

[^f00011]: The form in Schedule 2 was substituted by S.I. 2012/446 and S.I. 2014/3284.

[^f00012]: The form in Schedule 3 was substituted by S.I. 2012/446.

[^f00013]: S.I. 2005/79, amended by S.I. 2005/357 and S.I. 2009/1809.

[^f00014]: 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.

[^f00015]: The form in Schedule 2 was substituted by S.I. 2010/2851 and S.I. 2012/2290.

[^f00016]: The form in Schedule 3 was substituted by S.I. 2010/2851 and S.I. 2012/2290.

[^f00017]: The form in Schedule 4 was substituted by S.I. 2012/2290 and S.I. 2013/432.

[^f00018]: The form in Schedule 4A was inserted by S.I. 2009/1809.

[^f00019]: The form in Schedule 4B was inserted by S.I. 2009/1809 and substituted by S.I. 2012/2290.

[^f00020]: The form in Schedule 6 was substituted by S.I. 2010/2851 and S.I. 2012/955.

[^f00021]: The form in Schedule 7 was substituted by S.I. 2010/2851.

[^f00022]: The form in Schedule 8 was substituted by S.I. 2012/955.

[^f00023]: Part B of the form in Schedule 9 was substituted by S.I. 2012/2290.

[^f00024]: The form in Schedule 10 was substituted by S.I. 2012/2290 and 2013/432.

[^f00025]: S.I. 2005/2918.

[^f00026]: 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.

[^f00027]: The form in Schedule 2 was substituted by S.I. 2012/960.

[^f00028]: The form in Schedule 3 was inserted by S.I. 2012/960.

[^f00029]: The form in Schedule 4 was inserted by S.I. 2012/960.

[^f00030]: S.I. 2012/963.