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Amended guidance issued under section 182 of the Licensing Act ...

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premises licences may be found ei<strong>the</strong>r on Business Link or <strong>the</strong> licensing authority’s ownwebsite. It remains acceptable to make an application in writing.ELECTRONIC APPLICATIONS8.21 Applicants may apply using <strong>the</strong> licence application forms available on <strong>the</strong> ElectronicApplication Facility (EAF) which is part <strong>of</strong> Business Link, or will be re-directed from BusinessLink to <strong>the</strong> licensing authority’s own electronic facility if one is available. Applicants mayalso apply directly to <strong>the</strong> licensing authority’s facility without going through Business Link.ELECTRONIC APPLICATIONS USING FORMS ON BUSINESS LINK8.22 Business Link will send a notification to <strong>the</strong> licensing authority when a completedapplication form is available for it to download from <strong>the</strong> ‘Electronic <strong>Licensing</strong> ManagementSystem’ (ELMS). This is <strong>the</strong> day that <strong>the</strong> application is taken to be ‘given’ to <strong>the</strong> licensingauthority, even if it is downloaded at a later stage, and <strong>the</strong> application must be advertisedfrom <strong>the</strong> day after that day (as for a written application). The Government recommendsthat licensing authorities request at least daily notification <strong>of</strong> completed application formsavailable on <strong>the</strong> ELMS to ensure that applications are processed promptly. The licensingauthority must acknowledge <strong>the</strong> application as quickly as possible, specifying <strong>the</strong> statutorytime period and giving details <strong>of</strong> <strong>the</strong> appeal procedure.8.23 The period <strong>of</strong> 28 consecutive days during which <strong>the</strong> application must be advertised on anotice outside <strong>the</strong> premises is, effectively, <strong>the</strong> statutory timescale by which <strong>the</strong> applicationmust be determined (unless representations are made). This will be published on BusinessLink and must also be published on <strong>the</strong> licensing authority’s own electronic facility if oneexists. If no representations are made during this period, <strong>the</strong> licensing authority mustnotify <strong>the</strong> applicant as quickly as possible that <strong>the</strong> licence has been granted. The licensingauthority must send <strong>the</strong> licence to <strong>the</strong> applicant as soon as possible after this, but <strong>the</strong>applicant may start <strong>the</strong> licensed activity as soon as <strong>the</strong>y have been notified that <strong>the</strong>application is granted. The licence may be supplied in electronic or written format as longas <strong>the</strong> applicant is aware which document constitutes ‘<strong>the</strong> licence’. If representations aremade, <strong>the</strong> <strong>guidance</strong> in Chapter 9 applies.REQUIREMENT TO COPY APPLICATION TO RESPONSIBLE AUTHORITIES8.24 The licensing authority must copy electronic applications, made via Business Link or its ownfacility, to responsible authorities no later than <strong>the</strong> first working day after <strong>the</strong> application isgiven. However, if an applicant submits any part <strong>of</strong> <strong>the</strong>ir application in writing, <strong>the</strong> applicantwill remain responsible for copying it to responsible authorities.APPLICATIONS VIA THE LOCAL AUTHORITY ELECTRONIC APPLICATION FACILITY8.25 Where applications are made on <strong>the</strong> licensing authority’s own electronic facility, <strong>the</strong>application will be taken to be ‘given’ when <strong>the</strong> applicant has submitted a completeapplication form and paid <strong>the</strong> fee. The application is given at <strong>the</strong> point at which itAMENDED GUIDANCE ISSUED UNDER SECTION <strong>182</strong> OF THE LICENSING ACT 200351

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