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Licensing Act 2003

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This is the original version (as it was originally enacted).

131Court’s duty to notify licensing authority of convictions

This section has no associated Explanatory Notes

(1)This section applies where a person who holds a personal licence (“the relevant person”) is convicted, by or before a court in England and Wales, of a relevant offence in a case where—

(a)the relevant person has given notice under section 128 (notification of personal licence), or

(b)the court is, for any other reason, aware of the existence of that personal licence.

(2)The appropriate officer of the court must (as soon as reasonably practicable)—

(a)send to the relevant licensing authority a notice specifying—

(i)the name and address of the relevant person,

(ii)the nature and date of the conviction, and

(iii)any sentence passed in respect of it, including any order made under section 129, andsend a copy of the notice to the relevant person.

(3)Where, on an appeal against the relevant person’s conviction for the relevant offence or against the sentence imposed on him for that offence, his conviction is quashed or a new sentence is substituted for that sentence, the court which determines the appeal must (as soon as reasonably practicable) arrange—

(a)for notice of the quashing of the conviction or the substituting of the sentence to be sent to the relevant licensing authority, and

(b)for a copy of the notice to be sent to the relevant person.

(4)Where the case is referred to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (c. 33) (review of lenient sentence), the court must cause—

(a)notice of any action it takes under subsection (1) of that section to be sent to the relevant licensing authority, and

(b)a copy of the notice to be sent to the relevant person.

(5)For the purposes of subsection (2) “the appropriate officer” is—

(a)in the case of a magistrates' court, the clerk of the court, and

(b)in the case of the Crown Court, the appropriate officer;

and section 141 of the Magistrates' Courts Act 1980 (c. 43) (meaning of “clerk of a magistrates' court”) applies in relation to this subsection as it applies in relation to that section.

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