Published: by Jonathan Smith
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Changes to the Licensing Act 2003, under The Policing and Crime Act 2017
• Definition of alcohol extended to alcohol “in any state”;
• A second “appeal” against Interim Steps taken at the initial hearing by the Licensing Authority only possible by a Premises Licence Holder where there has been a “material change in circumstances”;
• A Licensing Authority must review any Interim Steps taken at the hearing of the full review, and decide what Interim Steps should apply and until when, being a period no later than the date the appeal is disposed of;
• The Interim Steps which continue after the full review can be appealed by the Premises Licence Holder or Police, such appeal to be heard within 28 days of the date the appeal was commenced;
• A Licensing Authority can suspend, for up to 6 months, or revoke a Personal Licence upon a Personal Licence Holder being convicted of a Relevant Offence on or after 6th April 2017, with or without a hearing, but with the Personal Licence Holder having the opportunity to make representations and, likewise, the Police having the opportunity to make representations if the Licensing Authority is not minded to suspend or revoke, such decision having no effect until the appeal period has expired;
• Additional “Relevant Offences” have been added, to include additional offences of a sexual or violent nature, and fraud offences.
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