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Statutory Instrument 2005 No. 80The Licensing Act 2003 (Transitional conversions fees) Order 2005(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2005 No. 80LICENCES AND LICENSINGThe Licensing Act 2003 (Transitional conversions fees) Order 2005
The Secretary of State, in exercise of the powers conferred upon her by paragraphs 2(5) and 14(4) of Schedule 8 to the Licensing Act 2003[1], hereby makes the following Order: Citation and commencement 1.These Regulations may be cited as the Licensing Act 2003 (Transitional conversions fees) Order 2005 and shall come into force on 7th February 2005. Interpretation 2. - (1) In this Order -
(2) For the purposes of this Order, a reference to -
(b) a section shall be construed as a reference to the section in the Act. Bands for premises Fee to accompany application for conversion of existing licence 4. - (1) Subject to article 6, in respect of an application under paragraph 2 of Schedule 8 to the Act (application for conversion of existing licence), the fee to accompany the application shall be determined in accordance with the following provisions of this article. (2) Subject to paragraph (4), in a case where the application under paragraph 2 of Schedule 8 to the Act relates to -
(ii) the use of the premises exclusively or primarily for the carrying on on the premises of the supply of alcohol for consumption on the premises, the amount of the fee shall be -
(ii) in the case of premises in Band E, three times the amount of the fee applicable for that Band appearing in column 1 of the table in Schedule 2 specified in column 2 of that table. (3) Subject to paragraph (4), in all other cases, the fee to accompany the application shall be the fee applicable to the band appearing in column 1 of the table in Schedule 2 for the premises to which the application relates, determined in accordance with regulation 3, specified in column 2 of that table.
(b) has been constructed or structurally altered for the purpose, or for purposes which include the purpose, of enabling -
(ii) the premises to be modified temporarily from time to time, if relevant, for the premises to be used for the existing licensable activities referred to in the existing licence or licences; (iii) at least the number of persons the applicant proposes should, during the times when the licence authorises licensable activities to take place on the premises, be allowed on the premises, to be allowed on the premises at such times, and (iv) the premises to be used in a manner which is not inconsistent with the existing licence or licences accompanying the application. Fee to accompany application for conversion of existing club certificate 5.Subject to article 6, in respect of an application under paragraph 14 of Schedule 8 to the Act (application for conversion of existing club certificate), the fee to accompany the application shall be the fee applicable to the band appearing in column 1 of the table in Schedule 2 for the premises to which the application relates, determined in accordance with regulation 3, specified in column 2 of that table. 6. - (1) In respect of an application under paragraph 2 or 14 of Schedule 8 to the Act which relates to the provision of regulated entertainment only, no fee shall be payable and accompany the application if the conditions of this article are satisfied in respect of that application. (2) The conditions referred to in paragraph (1) are -
(ii) the provision of regulated entertainment on the premises is carried on by the educational institution for and on behalf of the purposes of the educational institution; or (b) that the application is in respect of premises that are or form part of a church hall, chapel hall or other similar building or a village hall, parish hall or community hall or other similar building.
(This note is not part of the Order) This Order makes provision for the determination of the fees to be paid in respect of premises for the conversion of existing licences and registered certificates to new premises licences and club premises certificates under paragraphs 2 or 14 of Schedule 8 to the Licensing Act 2003 (c.17) (the Act). Article 3 and Schedule 1 allocate premises to bands by reference to the non-domestic rateable value of premises and make provision about the relevant band in circumstances where the premises does not have a non-domestic rateable value and in other circumstances. Articles 4 and 5 and Schedule 2 make provision for the level of fee to be paid by reference to the band in which the premises is allocated and, for conversions to premises licences only, for a multiplier to be applied to the fee for higher banded premises. Article 4(4) and Schedule 3 make provision for an additional fee to be paid in respect of a conversion to a premises licence where the number of persons the applicant allows on the premises at any one time is 5,000 or more (article 4(5) sets out circumstances in which this additional fee is not payable in respect of premises which comprise a building). Article 6 makes provision for exemption from paying the fee in respect of applications to convert which relate to the provision of regulated entertainment only in specified circumstances. These relate to schools and colleges (defined in article 2) and to church halls, village halls and the like. This Order does not make provision for any other fees payable in respect of applications made or notices given under the Act. In particular it does not make provision for the fee in respect of applications to vary under sections 34, 37 or 84 of the Act made at the same time as the applications to convert covered by this Order. All other such fees are provided for in the Licensing Act 2003 (Fees) Regulations 2005 (S.I. 2005/79). A 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. See section 193 for the definitions of "prescribed" and "order".back [2]1998 c.41back [3]1996 c.56back [4]See section 16(3) of 2003 c.17 for the definition of "proprietor".back ISBN0 11 051679 6 -- Back--
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