Licensing Act (Hansard, 27 October 2003)

§ Mr. Moss
To ask the Secretary of State for Culture, Media and Sport whether, under the Licensing Act 2003, a licensing authority which is aware that a bar or pub has been a source of complaint by nearby residents because of the playing of noisy recorded music, will be empowered to impose a noise-limiting condition on such premises when the licensee converts his existing licence to a new premises licence during the transition period. [133946]
75WS

§ Mr. Caborn
No. Following an application for conversion of an existing licence or licences to a premises licence during the transition period, the licensing authority must grant the application if it is made in accordance with the provisions of Part 1 of Schedule 8 to the Licensing Act 2003. This is unless an appeal is pending against a decision to revoke or reject an application for the renewal of an existing licence and the chief officer of the police to whom the application has been copied under paragraph 3(1) of Schedule 8 gives notice that he is satisfied that the conversion of the existing licence would undermine the crime prevention objective, or the chief officer of police is satisfied that there has been a material change in circumstances since the grant of the existing licence or its last renewal such that the conversion of the existing licence would undermine the crime prevention objective, in which case the application may be refused following a hearing.
The new premises licence will be subject only to conditions which reproduce the effect of the conditions or restrictions in the existing licence or licences as well as the mandatory conditions.
Following the second appointed day, any responsible authority or interested party, such as a local resident, may seek a review of the new licence, which could, if necessary for the promotion of the licensing objectives lead to the imposition of new Department for Culture, Media and Sport Parliamentary Unit 2–4 Cockspur Street London SW 1Y 5DH
www.culture.gov.uk conditions.

§ Mr. McLoughlin
To ask the Secretary of State for Culture, Media and Sport when she will issue the statutory guidance and regulations relating to the Licensing Act 2003. [133973]

§ Mr. Caborn
The statutory guidance relating to the Licensing Act 2003 will be presented to Parliament shortly.
The regulations relating to the Licensing Act 2003 will be issued over the next few months.