Statutory Instruments
2010 No. 2452
Licences And Licensing
Regulatory Reform
The Legislative Reform (Licensing) (Interim Authority Notices etc ) Order 2010
Made
30th September 2010
Coming into force in accordance with article 1(1)
The Secretary of State for Culture, Olympics, Media and Sport( 1 ) makes the following Order in exercise of the powers conferred by sections 1 and 2 of the Legislative and Regulatory Reform Act 2006( 2 ).
He considers that the conditions referred to in section 3(2) of that Act are, where relevant, satisfied in relation to each provision made in the Order.
The Secretary of State for Culture, Media and Sport has consulted in accordance with section 13(1) of that Act.
The Secretary of State for Culture, Media and Sport has laid a draft of the Order and an explanatory document before Parliament in accordance with section 14(1) of that Act.
Pursuant to section 15 of that Act, the affirmative resolution procedure (within the meaning of Part 1 of that Act) applies in relation to making of the Order.
In accordance with section 17(2) of the Act, the draft Order has been approved by resolution of each House of Parliament.
Citation, commencement and extent
1. —(1) This Order may be cited as the Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 and comes into force on the day after the day on which it is made.
(2) This Order extends to England and Wales only.
Reinstatement of premises licence following death etc. of licence holder
2. —(1) In section 47 of the Licensing Act 2003( 3 ) (“the Act”)—
(a) in subsections (2) and (7)(a) for “seven day” substitute “28 day”;
(b) in subsection (10)—
(i) for the definition of “initial seven day period” substitute—
“ “initial 28 day period”, in relation to a licence which lapses as mentioned in subsection (1), means the period of 28 days beginning with the day after the day the licence lapses; ” ;
(ii) in paragraph (a) of the definition of “interim authority period” for “two months” substitute “three months”.
(2) In section 48 of the Act—
(a) in subsection (1)(b) for “seven day” substitute “28 day”;
(b) in subsection (2) for “no later than 48 hours after” substitute “before the end of the second working day following the day on which”.
(3) In section 50(3)(a) of the Act, for “seven days” substitute “28 days”.
Objection to temporary event notice by police
3. In section 104(3) of the Act( 4 ), for “no later than 48 hours after” substitute “before the end of the second working day following the day on which”.
Transitional provision
4. Articles 2 and 3 do not apply in respect of any period of time that begins before those articles have effect.
John Penrose
Minister for Tourism and Heritage
Department for Culture, Olympics, Media and Sport
30th September 2010
See Secretary of State for Culture, Olympics, Media and Sport Order 2010 SI 2010/1551 . Article 6(2) provides that anything done (or having effect as if done) by or in relation to the Secretary of State for Culture, Media and Sport has effect, so far as necessary for continuing its effect after the coming into force of that Order, as if done by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.
2003 c. 17 . Section 47 was amended by paragraph 46(1) and (3)(a) of Schedule 6, and Schedule 7 to the Mental Capacity Act 2005 (c. 9) ; and by regulation 49(1) and (8) of S.I. 2009/2999 .
Section 104 was amended by regulation 49(1), (12) and (13) of S.I. 2009/2999 .