Part 2Licensing
CHAPTER 1Amendments of the Licensing Act 2003
Miscellaneous
122Licensing policy statements
1
Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended as set out in subsections (2) to (7).
2
In subsection (1)—
a
for “three” substitute “five”, and
b
in paragraph (b) omit “(a “licensing statement”)”.
3
Omit subsection (2).
4
In subsection (3), for “three” substitute “five”.
5
In subsection (4)—
a
for “three” substitute “five”, and
b
after “policy” insert “in respect of that period”.
6
After subsection (6) insert—
6A
Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—
a
determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and
b
publishing a statement of that policy before that date.
6B
Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).
6C
A licensing statement must specify the five year period to which it relates.
7
After subsection (7) insert—
8
In this section—
“five year period”, in relation to a licensing authority, means—
- a
if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or
- b
if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;
“licensing statement” means a statement published under subsection (1)(b) or (6A)(b).
8
Any policy determined, and any licensing policy statement published, under section 5(1) of the Licensing Act 2003 in respect of the period of three years beginning with 7 January 2011 is, on and after the commencement of this subsection, to be treated for all purposes as if—
a
it had been determined and published under that section (as amended by this section) in respect of the period of five years beginning with 7 January 2011, and
b
it specified the five year period to which it relates.
123Personal licences: relevant offences
1
Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as set out in subsections (2) to (4).
2
In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c) insert—
d
section 6(6) (failing to co-operate with a preliminary test).
3
The second paragraph 22 is renumbered as paragraph 22A.
4
After paragraph 23 insert—
24
An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence that is a relevant offence.
25
An offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence that is a relevant offence.
26
The offence at common law of conspiracy to defraud.
5
The amendments made by this section apply on and after the commencement of this section in relation to—
a
personal licences that are granted or renewed before, on or after the commencement of this section, and
b
offences committed before, on or after that commencement.