LIQUOR LICENSING ACT 1997 - SECT 72
LIQUOR LICENSING ACT 1997 - SECT 72
72—Consent of lessor or owner required in certain cases
(1) Subject to this
section—
(a) the
licensing authority must not grant an application—
(i)
for a new licence; or
(ii)
for approval of an alteration or proposed alteration to
the licensed premises,
if the licensed premises or proposed licensed premises are occupied, or are to
be occupied, under a lease and the lessor has not consented to the
application;
(b) the
licensing authority must not grant an application for the removal of a licence
if the premises to which the licence is to be removed are held under lease and
the lessor has not consented to the application;
(c) the
licensing authority must not grant an application for transfer of a licence if
the licensed premises are occupied under a lease and the lessor has not
consented to the application.
(2) A lessor is taken
to have consented to an application for a licence or for the removal or
transfer of a licence if, before the lessor granted or approved the assignment
of the lease, the applicant gave the lessor written notice of the applicant's
intention to use the premises for trading in liquor.
(3) The licensing
authority may dispense with a consent required under this section if, in its
opinion, the consent has been capriciously or unreasonably withheld.
(4) A reference in
this section to the lessor of premises is, in relation to premises held from
the Crown under lease or licence, a reference to the Crown.