Part 3Licensing trusts, community trusts, and other matters
Other matters: Transitional matters
408Certain otherwise ineligible applications may be granted for limited period
This section applies to an application if—
- it is an application for an off-licence for premises for which an off-licence cannot be issued under this Act but could have been granted under the 1989 Act; or
- it is an application for the renewal of an off-licence for premises for which an off-licence cannot be issued under this Act; or
- it is an application for a licence of a kind that (in the opinion of the licensing authority or District Licensing Agency, reached after considering all the particular circumstances),—
- by virtue of the criteria stated in this Act for the issue of licences of that kind, would not be, or would be unlikely to be, issued if the application had been made under this Act; but
- can appropriately be issued under the 1989 Act; or
- by virtue of the criteria stated in this Act for the issue of licences of that kind, would not be, or would be unlikely to be, issued if the application had been made under this Act; but
- it is an application for the renewal of a licence of a kind that (in the opinion of the licensing authority or District Licensing Agency, reached after considering all the particular circumstances),—
- by virtue of the criteria stated in this Act for the renewal of licences of that kind, would not be, or would be unlikely to be, renewed if the application had been made under this Act; but
- could appropriately be renewed under the 1989 Act if the criteria for renewal included the manner in which the applicant has sold alcohol.
- by virtue of the criteria stated in this Act for the renewal of licences of that kind, would not be, or would be unlikely to be, renewed if the application had been made under this Act; but
Where this section applies to an application,—
- the licence concerned may be granted or renewed; but
- the grant or renewal must be for a period that ends no more than 2 years after the day of assent.
This section is subject to section 406.