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Statutory Instrument 2005 No. 40The Licensing Act 2003 (Transitional provisions) Order 2005(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2005 No. 40LICENCES AND LICENSINGThe Licensing Act 2003 (Transitional provisions) Order 2005
The Secretary of State, in exercise of the powers conferred upon her by paragraphs 2(4), (6) and (7), 6(8), 11(1), 12(1), 14(3), (5) and (6), 18(5) and 23(3) and (4) of Schedule 8 to the Licensing Act 2003[1], hereby makes the following Order: Citation, commencement and interpretation 1. - (1) This Order may be cited as the Licensing Act 2003 (Transitional provisions) Order 2005 and shall come into force on 7th February 2005. (2) In this Order -
Application for conversion of existing licence in respect of premises under paragraph 2 of Schedule 8
(b) the location of points of access to and egress from the premises; (c) if different from paragraph (3)(b), the location of escape routes from the premises; (d) in a case where the premises is used for more than one existing licensable activity, the area within the premises used for each activity; (e) in a case where an existing licensable activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol; (f) fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment; (g) in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor; (h) in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts; (i) in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms; (j) the location and type of any fire safety and any other safety equipment; and (k) the location of a kitchen, if any, on the premises. (4) The plan may include a legend through which the matters mentioned or referred to in paragraph (3) are sufficiently illustrated by the use of symbols on the plan.
(b) Cinematograph (Safety) Regulations 1955[3]; (c) Licensing Act 1964[4]; (d) Sporting Events (Control of Alcohol Etc) Act 1985[5]. Specified periods during which particular provisions apply to an application for the grant of a premises licence
(b) the location of points of access to and egress from the premises; (c) if different from paragraph (3)(b), the location of escape routes from the premises; (d) in a case where the premises is used for more than one existing qualifying club activity, the area within the premises used for each activity; (e) in a case where the existing qualifying club activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol; (f) fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exit or escape routes without impediment; (g) in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor; (h) in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts; (i) in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms; (j) the location and type of any fire safety and any other safety equipment; and (k) the location of a kitchen, if any, on the premises. (4) The plan may include a legend through which the matters mentioned or referred to in paragraph (3) are sufficiently illustrated by the use of symbols on the plan.
(b) Cinematograph (Safety) Regulations 1955; (c) Licensing Act 1964; (d) Sporting Events (Control of Alcohol Etc) Act 1985. Photograph of the applicant accompanying the application for the grant of a personal licence
(b) 45 millimetres by 35 millimetres, (c) full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering, (d) on photographic paper, and (e) endorsed, as referred to in paragraph 23(3)(b) of Schedule 8, by -
(ii) a solicitor or notary, (iii) a person of standing in the community; or (iv) an individual with a professional qualification. Provision of forms etc.
(b) in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on its website. Validity of forms etc. I, [insert first names and surname of prospective premises supervisor] hereby consents to being named as the premises supervisor in a new licence granted under paragraph 4 of Schedule 8 to the Licensing Act 2003 to [insert full name of applicant] in respect of the application to convert an existing justices' licence held by the applicant/where the holder of the licence has consented to the application being made by the applicant [delete as applicable] for [insert name and address of existing licensed premises] if that application is successful. Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I/We, [insert full name(s) of existing licence holder(s)], being the holder of an existing licence/existing licences [insert name of licence(s), the date of grant of the licence(s) and by whom the grant(s) was/were made] hereby consent(s) to the application by [insert full name or names of applicant] under paragraph 2 of Schedule 8 to the Licensing Act 2003 for the grant of a new licence under paragraph 4 of that Schedule to succeed the said existing licence(s) held by me in respect of [insert name and address of premises]. Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (This note is not part of the Order) This Order makes provision for the detailed requirements to be fulfilled by applicants to convert existing authorisations to use premises for the sale and supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment to new premises licences under Schedule 8 to the Licensing Act 2003 (c. 17) (the Act). Also, it makes provision for the detailed requirements to be fulfilled by a registered club under the Licensing Act 1964 (c. 26) (the 1964 Act) to convert authorisations under its existing registration certificate to a new club premises certificate under Schedule 8 to the Act. In both cases the Order prescribes the application form to be used by the applicant or club, the information to be supplied and the plan to accompany the application. Further it prescribes the form to be used in relation to a simultaneous application to vary any existing authorisations (articles 2, 3, 7 and 8). The Order requires the relevant licensing authority to provide application forms etc. for applicants and clubs on request and provides a discretion to provide these on its website (article 11). Further, for the purposes of paragraphs 6(8) and 18(5) of Schedule 8 to the Act, this Order specifies the Children and Young Persons Act 1933 (c. 12), the Cinematograph (Safety) Regulations 1955 (S.I. 1955/1129), the Licensing Act 1964 (c. 26) and the Sporting Events (Control of Alcohol Etc) Act 1985 (c. 57) as enactments containing restrictions affecting existing authorisations which must be imposed as conditions on the new premises licence and the new club premises certificate (articles 4 and 9). Further, for the purposes of paragraph 11 of Schedule 8 to the Act in respect of opening hours of premises, the Order specifies the period commencing on 7th February 2005 and ending on the second appointed day as the period during which a relevant licensing authority may not grant a premises licence subject to conditions which prevent the sale of alcohol on the premises during the permitted hours (subject to a minor disapplication); such hours being the hours during which the holder of a justices' licence is permitted to sell alcohol on the premises under Part 3 of the 1964 Act (article 5). In addition, for the purposes of paragraph 12 of Schedule 8 to the Act in respect of a provisional grant of a justices' licence under the 1964 Act, this Order specifies the period commencing on 7th February 2005 and ending on the first anniversary of the second appointed day as the period during which the relevant licensing authority must have regard to that provisional grant when determining an application for the grant of a premises licence under Part 3 of the Act (article 6). Finally, for the purposes of an application for a personal licence under Part 6 of the Act made by the holder of a justices' licence and for the purposes of paragraph 23 of Schedule 8 to the Act, the Order details the requirements in respect of a photograph to accompany the application (article 10). Regulatory Impact Assessment in relation to this Order has been placed in the libraries of both Houses of Parliament and copies may be obtained from the Alcohol and Entertainment Licensing Branch of the Department for Culture, Media and Sport, 3rd Floor, 2-4 Cockspur Street, London SW1Y 5DH or viewed on the Department's website, www.culture.gov.uk. Notes: [1]2003 c. 17.back [2]1933 c. 12.back [3]S.I 1955/1129.back [4]1964 c. 26.back [5]1985 c. 57.back [6]paragraph 1(1) of Schedule 8 to 2003 c. 17 contains a definition of "second appointed day".back ISBN0 11 051593 5 -- Back--
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