Sale and Supply of Alcohol Act 2012

402 Content of fees regulations

(1)

Regulations under section 397(1)(b) or (c)

(a)

may do anything reasonably necessary to ensure that, so far as is practicable, the total costs of the licensing authority are recovered out of the fees paid to it under this Act:

(b)

may do anything reasonably necessary to ensure that, so far as is practicable, the following are recovered out of the fees paid to territorial authorities under this Act:

(i)

the total costs to territorial authorities of the performance by their district licensing committees of their functions:

(ii)

the total costs to territorial authorities of inspectors employed or contracted by them (or, where inspectors employed or contracted by them perform both the functions of an inspector and other functions, the appropriate proportion of the total costs of those inspectors):

(iii)

the total costs to territorial authorities (in addition to those referred to in subparagraph (ii)) of their undertaking (directly or by agents or contractors) of enforcement activities under this Act:

(c)

may provide for different fees to be payable in respect of the performance of the same functions in relation to different premises, on the basis of factors such as—

(i)

the kinds of premises involved (whether premises for which licences of different kinds are held, premises of different kinds or descriptions for which licences of the same kind are held, or both); and

(ii)

the kinds of licence held for the premises involved; and

(iii)

the capacity and likely patronage of the premises; and

(iv)

the trading hours (or intended trading hours) of the premises; and

(v)

any actual or proposed activities, arrangements, or systems that may reduce the risk of alcohol-related harm arising from the operation of the premises; and

(vi)

the previous conduct or performance of the licensee or proposed licensee (or any person involved or likely to be involved in the operation of the premises with or on behalf of the licensee or proposed licensee), whether in relation to the premises concerned or in relation to other premises:

(d)

may prescribe maximum or minimum fees or both:

(e)

may provide for full or partial refunds of fees in the case of clerical error, or a change in the level of fees prescribed by regulation:

(f)

may prescribe annual fees:

(g)

may prescribe a penalty fee (of not more than half the annual fee concerned) for the late payment of any annual fee:

(h)

may provide for the full or partial waiver of fees (or fees of particular kinds) in the case of particular financial hardship of the persons required to pay them:

(i)

may prescribe the manner in which fees are to be collected or paid (either generally, or in particular circumstances).

(2)

Subparagraphs (i) to (vi) of paragraph (c) of subsection (1) do not limit or affect the generality of that paragraph.

(3)

Subsection (1) does not limit or affect the generality of section 397(1)(b) or (c).