Textual Amendments
F1Pt. 8 amendment to earlier affecting provision SI 2006/3272 Sch. 4 para. 54-66 (29.4.2007) by Gambling Act 2005 (Commencement and Transitional Provisions) (Amendment) Order 2007 (S.I. 2007/1157), arts. 1(1), 11
Modifications etc. (not altering text)
C1Pt. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 54-66 (as amended (16.8.2007) by S.I. 2007/2169, art. 11)
C2Pt. 8 modified by SI 2006/3272 art. 8(1)(3) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)
(1)This section applies where—
(a)a licensing authority issue a provisional statement in respect of premises, and
(b)an application is made under section 159 for a premises licence in respect of the premises.
(2)The licensing authority shall disregard any representations made in relation to the application for the premises licence unless they think that the representations—
(a)address matters that could not have been addressed in representations in relation to the application for the provisional statement, or
(b)reflect a change in the applicant's circumstances.
(3)The licensing authority may refuse the application, or grant it on terms or conditions not included in the provisional statement, only by reference to matters which—
(a)the authority have considered in reliance on subsection (2)(a), or
(b)in the authority's opinion reflect a change in the applicant's circumstances.
(4)But subsections (2) and (3) do not apply in the case of a provisional statement issued in response to an application under section 204(1)(a) or (b) if the licensing authority think that the premises have been constructed or altered otherwise than in accordance with the plans and information included with the application for the provisional statement in accordance with section 204(3).
Commencement Information
I1S. 205 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)