UK Offence Report

Advertisement of applications by licensing authority

regulation 26C(4) of The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

4 In all cases, the notice referred to in regulation 26B shall state—

a the name of the applicant or club;

b the postal address of the premises or club premises, if any, or if there is no postal address for the premises

a description of those premises sufficient to enable the location and extent of the premises or club premises to be identified;

c the postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and where and when the record of the application may be inspected;

d the date by which

a responsible authority or any other person may make representations to the relevant licensing authority;

e that representations must be made in writing; and

f that it is an offence knowingly or recklessly to make

a false statement in connection with an application and the maximum fine for which

a person is liable on summary conviction for the offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
an authority
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly, knowingly or recklessly, recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly, recklessly, knowingly or recklessly.

What would breach regulation 26C(4)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Entering a figure on a form or return that is known to be wrong under the Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2012.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Not determined
Maximum prison (summary)
Not determined

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
24 March 2012
In force from
25 April 2012
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations amend the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42) (“the 2005 Regulations) to give effect to certain amendments made to the Licensing Act 2003 (“the 2003 Act”) by the Police Reform and Social Responsibility Act 2011. The category of “interested party” is removed from the 2003 Act to enable any person to participate in the various processes set out in that Act, regardless of their physical proximity to the premises concerned. Moreover, the Secretary of State must by regulations require licensing authorities to advertise certain applications in a prescribed form and in a prescribed manner which is likely to bring the application to the attention of persons likely to be affected by it. These Regulations prescribe new requirements in relation to the applications, notices and representations given or made under Parts 3 and 4 of the 2003 Act. Regulations 3, 4, 6, 7 and 9 amend regulations 2, 22, 26, 26A, 37 and 39 of the 2005 Regulations so as to replace references in them to interested parties with references to any person. Regulation 5 amends the heading to regulation 25 of the 2005 regulations so as to clarify the subject to which this provision relates. Regulation 8 inserts new regulations 26B and 26C into the 2005 Regulations. Regulation 26B sets out the requirement on a licensing authority to advertise an application for the grant or variation of a licence or certificate, or the application for a provisional statement. The licensing authority must advertise the application for the period of 28 days starting on the day after the day on which it receives the application, and it must publish a notice on its website containing the information set out in regulation 26C. Under regulation 26C, that information depends on the type of application being made but, in all cases, must include the applicant’s name, certain addresses, the date by which persons can make representations and the manner in which such representations should be made. Under regulations 10 and 11, the forms prescribed in Schedules 1 and 2 to these Regulations replace the forms prescribed respectively in Schedules 6 and 8 to the 2005 Regulations. Regulation 10 has the effect of removing a minor error in the preceding version of the form. Regulation 11 has the effect of removing a reference to an interested party from the preceding version of the form. An impact assessment has not been produced for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens; the provision states liability on summary conviction
Confidence
0.90 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source