Criminal Justice and Police Bill - continued        House of Commons
PART I, PROVISIONS FOR COMBATTING CRIME AND DISORDER - continued
Closure of unlicensed premises - continued

back to previous text
 
Enforcement of closure orders.     27. - (1) Where a closure order has been made, a constable or an authorised person may (if necessary using reasonable force)-
 
 
    (a) at any reasonable time enter the premises concerned; and
 
    (b) having so entered the premises, do anything reasonably necessary for the purpose of securing compliance with the order.
      (2) A constable or an authorised person seeking to enter any premises in exercise of his powers under subsection (1) shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority, before entering the premises.
 
      (3) Any person who intentionally obstructs a constable or an authorised person in the exercise of his powers under this section shall be guilty of an offence and shall be liable on summary conviction-
 
 
    (a) where the offence was committed in respect of a constable, to imprisonment for a term not exceeding one month or to a fine not exceeding level 5 on the standard scale or to both;
 
    (b) where the offence was committed in respect of an authorised person, to a fine not exceeding level 5 on the standard scale.
      (4) A person who, without reasonable excuse, permits premises to be open in contravention of a closure order shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both.
 
      (5) A person who, without reasonable excuse, otherwise fails to comply with, or does an act in contravention of, a closure order shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
 
      (6) In this section "an authorised person" means a person authorised for the purposes of this section by a local authority in respect of premises situated in the area of the authority.
 
Offences by body corporate.     28. - (1) Where an offence under section 27 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.
 
      (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
 
Service of notices.     29. - (1) Any document required or authorised by virtue of sections 21 to 28 to be served on any person may be served-
 
 
    (a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
 
    (b) if the person is a body corporate other than a limited liability partnership, by serving it in accordance with paragraph (a) on the secretary of the body;
 
    (c) if the person is a limited liability partnership, by serving it in accordance with paragraph (a) on a member of the partnership; or
 
    (d) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.
      (2) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that-
 
 
    (a) in the case of service on a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;
 
    (b) in the case of service on a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership;
 
    (c) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.
      (3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
 
      (4) Subsection (5) applies if a person to be served under sections 21 to 28 with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.
 
      (5) In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).
 
      (6) Where the address of the person on whom a document is to be served under sections 21 to 28 cannot be ascertained after reasonable inquiry, the document shall be taken to be duly served if a copy of it is fixed in a conspicuous position on the premises which are alleged to have been used for the unlicensed sale of intoxicating liquor.
 
      (7) Where the name of the person on whom a document is to be served under sections 21 to 28 cannot be ascertained after reasonable inquiry, the document shall be taken to be duly served if it is served in accordance with this section using an appropriate description for the person concerned.
 
      (8) This section does not apply to any document if rules of court make provision about its service.
 
Sections 21 to 29: interpretation.     30. - (1) In sections 21 to 29 and this section-
 
  "closure notice" means a notice under section 21(1) or (2);
 
  "closure order" means an order under section 23;
 
  "intoxicating liquor" has the same meaning as in the Licensing Act 1964;
 
  "notice" means notice in writing;
 
  "premises" includes any land or other place (whether enclosed or otherwise);
 
  "sale" includes exposure for sale; and
 
  "unlicensed sale" means any sale which is in contravention of section 160 of the Act of 1964 (selling liquor without licence).
 
      (2) In sections 21 to 29 "local authority" means-
 
 
    (a) in relation to England-
 
      (i) a county council;
 
      (ii) a district council;
 
      (iii) a London borough council;
 
      (iv) the Common Council of the City of London in its capacity as a local authority;
 
      (v) the Council of the Isles of Scilly;
 
    (b) in relation to Wales, a county council or a county borough council.
      (3) References in sections 21 to 29 to a person who has an interest in the premises are references to any person who is the owner, leaseholder or occupier of the premises.
 
 
Other provisions for combatting alcohol-related disorder
Confiscation of alcohol containers from young persons.     31. In section 1(1) of the Confiscation of Alcohol (Young Persons) Act 1997 (things to be surrendered to a constable) after "intoxicating liquor", where it appears for the third time, there shall be inserted "or a container for such liquor (other than a sealed container)".
 
Sale of intoxicating liquor to a person under eighteen.     32. - (1) In subsection (2) of section 169A of the Licensing Act 1964 (defence against charge of sale of intoxicating liquor to a person under eighteen) for the words from "to prove" to the end of the subsection there shall be substituted"to prove-
 
 
    (a) that he believed that the person was not under eighteen; and
 
    (b) either that he had taken all reasonable steps to establish the person's age or that nobody could reasonably have suspected from his appearance that the person was under eighteen.
      (2A) For the purposes of subsection (2) of this section a person shall be treated as having taken all reasonable steps to establish another person's age if he asks the other person for evidence of his age unless it is shown that the evidence was such that no reasonable person would have been convinced by it."
 
      (2) The amendment made by this section does not apply to any sale of intoxicating liquor made before the coming into force of this section.
 
Enforcement of certain offences relating to under-age drinking.     33. - (1) In section 169C of the Licensing Act 1964 (purchase of intoxicating liquor by a person under eighteen) after subsection (1) there shall be inserted-
 
 
    "(1A) Subsection (1) of this section does not apply where the person under eighteen buys or attempts to buy the intoxicating liquor at the request of-
 
 
    (a) a constable, or
 
    (b) an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985,
       who is acting in the course of his duty."
 
      (2) In section 169G of that Act (sending a person under eighteen to obtain intoxicating liquor) after subsection (3) there shall be inserted-
 
 
    "(4) Subsection (1) of this section does not apply where the person under eighteen is sent by-
 
 
    (a) a constable, or
 
    (b) an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985,
       who is acting in the course of his duty."
 
      (3) After section 169H of that Act there shall be inserted-
 
 
"Enforcement role for weights and measures authorities in relation to certain offences.     169I. - (1) It is the duty of every local weights and measures authority in England and Wales to enforce within their area the provisions of sections 169A and 169B of this Act.
 
    (2) A local weights and measures authority shall have power to make, or to authorise any person to make on their behalf, such purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of section 169A or 169B of this Act are being complied with.
 
      (3) In this section "local weights and measures authority" has the meaning given by section 69 of the Weights and Measures Act 1985 (local weights and measures authorities)."
 
Drunkenness or disorder on licensed premises.     34. - (1) In section 172(4) of the Licensing Act 1964 (licence holder not to permit drunkenness etc: offences) for "level 2" there shall be substituted "level 3".
 
      (2) After section 172 of that Act there shall be inserted-
 
 
"Other persons in authority not to permit drunkenness etc.     172A. - (1) A relevant person shall not permit drunkenness or any violent, quarrelsome or riotous conduct to take place in licensed premises.
 
    (2) If a relevant person is charged under subsection (1) of this section with permitting drunkenness, and it is proved that any person was drunk in the licensed premises, the burden of proving that the relevant person and any persons employed by him took all reasonable steps for preventing drunkenness in the premises shall lie upon him.
 
      (3) A relevant person shall not, in licensed premises, sell intoxicating liquor to a drunken person.
 
      (4) If any person contravenes this section he shall be liable to a fine not exceeding level 3 on the standard scale.
 
      (5) This section is without prejudice to the liability under section 172 of this Act of the holder of a justices' licence for acts or omissions of persons other than himself.
 
      (6) In this section "relevant person" means any person (other than the holder of the justices' licence for the licensed premises concerned) who-
 
 
    (a) in a case falling within subsection (1) of this section, works in the licensed premises in a capacity, whether paid or unpaid, which gives him authority to prevent the drunkenness or (as the case may be) conduct concerned;
 
    (b) in a case falling within subsection (3) of this section, works in the licensed premises in a capacity, whether paid or unpaid, which gives him authority to sell the intoxicating liquor concerned."
      (3) In section 174(1) of that Act (power to exclude drunkards, etc. from licensed premises)-
 
 
    (a) after "justices' licence" there shall be inserted "or a relevant person"; and
 
    (b) for "or", where it appears for the fourth time, there shall be substituted "and the holder of a justices' licence may refuse to admit to, or may expel from, the licensed premises any person".
      (4) In section 174(2) of that Act (offence of failing to leave licensed premises when requested if drunk or disorderly etc.) after "servant or" there shall be inserted "(as the case may be) the relevant person or any agent or servant of his or by".
 
      (5) In section 174(3) of that Act (requesting assistance from constable to exclude drunkards etc.) after "servant" there shall be inserted "or (as the case may be) a relevant person or any agent or servant of his".
 
      (6) After section 174(3) of that Act there shall be inserted-
 
 
    "(4) In this section "relevant person" means any person who works in licensed premises in a capacity, whether paid or unpaid, which gives him authority to prevent such drunkenness or such conduct as is mentioned in section 172A(1) of this Act."
 
      (7) The amendment made by subsection (1) above shall not apply to offences committed before the coming into force of that subsection.
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2001
Prepared 13 March 2001