ANNEX 5

Legislation and Policy Considerations

Review of Premises Licence

1.      The following provisions of the Licensing Act 2003 apply to this application:  S4 general duties of licensing authorities; s51 Application for review of premises licence; s52 Determination of application for review; s53 Supplementary provision about review.     

2.      The following provisions of the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005 apply to this application:  Regulation 42, Part 2 (Premises licences) and Part 4 (General) relating to applications, notices and representations and advertising of reviews.

3.      The following provisions of the Secretary of State’s guidance apply to this application:  Chapter 10 Conditions attached to premises licences and club premises certificates and Chapter 11 Reviews. 

4.      The following paragraphs of the licensing authority’s statement of licensing policy apply to this application:  8.0 Licensing Hours;11.0 Review of licences.

5.      The Committee is reminded of their duty under the Crime and Disorder Act 1998 to consider the crime and disorder implications of their decisions and the authority’s responsibility to co-operate in the reduction of crime and disorder in the city.

6.      The Committee is reminded that the Human Rights Act 1998 guarantees the right to a fair hearing for all parties in the determination of their civil rights.  The Act also provides for the protection of property, which may include licences in existence, and the protection of private and family life.

(amended 27/02/19)