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STATUTORY INSTRUMENTS

2005 No. 80

LICENCES AND LICENSING

The Licensing Act 2003 (Transitional conversions fees) Order 2005

  Made 20th January 2005 
  Laid before Parliament 20th January 2005 
  Coming into force 7th February 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:



PART 1

GENERAL

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 - 

Bands for premises
     3.  - (1) In a case where a premises has a rateable value specified in column 1 of the table in Schedule 1, the premises shall be in the band specified for that rateable value in column 2 of that table.

    (2) In all other cases, the premises shall be in Band A.

    (3) For the purposes of this article, in a case where the premises forms part only of a hereditament in the local non-domestic rating list for the purposes of Part III of the Local Government Finance Act 1988, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament of which it forms part.

    (4) For the purposes of this article, in a case where the premises comprises two or more hereditaments in the local non-domestic rating list, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament with the highest rateable value.



PART 2

PREMISES LICENCES

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 -

    (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.

    (4) Subject to paragraph (5), where the maximum number of persons the applicant, during the times when the existing licence authorises licensable activities to take place on the premises, may allow on the premises at the same time is 5,000 or more, an application under paragraph (1) must be accompanied by an additional fee, the amount of which shall be the fee corresponding to the range of number of persons within which falls the maximum number of persons so allowed in column 1 of the table in Schedule 3 specified in column 2 of that table.

    (5) Paragraph (4) does not apply where the premises in respect of which the application has been made - 



PART 3

CLUB PREMISES CERTIFICATES

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.



PART 4

MISCELLANEOUS EXEMPTIONS

     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 -


Andrew McIntosh
Minister of State Department for Culture, Media and Sport

20th January 2005



SCHEDULE 1
article 3


RATEABLE VALUES AND BANDS


Column 1 Column 2
RATEABLE VALUE BAND
No rateable value to £4300 A
£4300 to £33,000 B
£33,001 to £87,000 C
£87,001 to £125,000 D
£125,001 and above E



SCHEDULE 2
article 4(2), (3), 5


PREMISES LICENCES AND CLUB PREMISES CERTIFICATES


Column 1 Column 2
BAND FEE
A pound;100
B £190
C £315
D £450
E £635



SCHEDULE 3
article 4(4)


ADDITIONAL FEE


Column 1 Column 2
Number Additional fee
5,000 to 9,999 £1,000
10,000 to 14,999 £2,000
15,000 to 19,999 £4,000
20,000 to 29,999 £8,000
30,000 to 39,999 £16,000
40,000 to 49,999 £24,000
50,000 to 59,999 £32,000
60,000 to 69,999 £40,000
70,000 to 79,999 £48,000
80,000 to 89,999 £56,000
90,000 and over £64,000


EXPLANATORY NOTE

(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


ISBN 0 11 051679 6


  © Crown copyright 2005

Prepared 10 February 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050080.html