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Licensing Bill [HL]


Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    102

 

Interpretation

 185   Location of sales

     (1)    This section applies where the place where a contract for the sale of alcohol is

made is different from the place where the alcohol is appropriated to the

contract.

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     (2)    For the purposes of this Act the sale of alcohol is to be treated as taking place

where the alcohol is appropriated to the contract.

 186   Meaning of “alcohol”

     (1)    In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented,

distilled or spirituous liquor, but does not include—

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           (a)           alcohol which is of a strength not exceeding 0.5% at the time of the sale

or supply in question,

           (b)           perfume,

           (c)           flavouring essences recognised by the Commissioners of Customs and

Excise as not being intended for consumption as or with dutiable

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alcoholic liquor,

           (d)           the aromatic flavouring essence commonly known as Angostura

bitters,

           (e)           alcohol which is, or is included in, a medicinal product,

           (f)           denatured alcohol,

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           (g)           methyl alcohol,

           (h)           naphtha, or

           (i)           alcohol contained in liqueur confectionery.

     (2)    In this section—

                    “denatured alcohol” has the same meaning as in section 5 of the Finance

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Act 1995 (c. 4);

                    “dutiable alcoholic liquor” has the same meaning as in the Alcoholic

Liquor Duties Act 1979 (c. 4);

                    “liqueur confectionery” means confectionery which—

                  (a)                 contains alcohol in a proportion not greater than 0.2 litres of

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alcohol (of a strength not exceeding 57%) per kilogram of the

confectionery, and

                  (b)                 either consists of separate pieces weighing not more than 42g or

is designed to be broken into such pieces for the purpose of

consumption;

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                    “medicinal product” has the same meaning as in section 130 of the

Medicines Act 1968 (c. 67); and

                    “strength” is to be construed in accordance with section 2 of the Alcoholic

Liquor Duties Act 1979.

 187   Meaning of “sale by retail”

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     (1)    For the purposes of this Act “sale by retail”, in relation to any alcohol, means a

sale of alcohol to any person, other than a sale of alcohol that—

           (a)           is within subsection (2),

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    103

 

           (b)           is made from premises owned by the person making the sale, or

occupied by him under a lease to which the provisions of Part 2 of the

Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and

           (c)           if made for consumption off the premises.

     (2)    A sale of alcohol is within this subsection if it is—

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           (a)           to a trader for the purposes of his trade,

           (b)           to a club, which holds a club premises certificate, for the purposes of

that club,

           (c)           to the holder of a personal licence for the purpose of making sales

authorised by a premises licence,

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           (d)           to the holder of a premises licence for the purpose of making sales

authorised by that licence, or

           (e)           to the premises user in relation to a temporary event notice for the

purpose of making sales authorised by that notice.

 188   Other definitions

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In this Act—

                      “beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979

(c. 4);

                      “cider” has the same meaning as in that Act;

                      “crime prevention objective” means the licensing objective mentioned in

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section 4(2)(a) (prevention of crime and disorder);

                      “licensed premises” means premises in respect of which a premises

licence has effect;

                      “licensing functions” is to be construed in accordance with section 4(1);

                      “order”, except so far as the contrary intention appears, means an order

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made by the Secretary of State;

                      “premises” means any place and includes a vehicle, vessel or moveable

structure;

                      “prescribed” means prescribed by regulations;

                      “recognised club” means a club which satisfies conditions 1 to 3 of the

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general conditions in section 61;

                      “regulations” means regulations made by the Secretary of State;

                      “vehicle” means a vehicle intended or adapted for use on roads;

                      “vessel” includes a ship, boat, raft or other apparatus constructed or

adapted for floating on water;

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                      “wine” means—

                  (a)                 “wine” within the meaning of the Alcoholic Liquor Duties Act

1979, and

                  (b)                 “made-wine” within the meaning of that Act;

                      “working day” means any day other than a Saturday, a Sunday,

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Christmas Day, Good Friday or a day which is a bank holiday under the

Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.

 189   Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the

provisions indicated—

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Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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Expression

Interpretation provision

 
 

alcohol

section 186

 
 

associate member

section 66(2)

 
 

authorised person, in Part 3

section 13

 
 

authorised person, in Part 4

section 68

 

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beer

section 188

 
 

cider

section 188

 
 

club premises certificate

section 59

 
 

conviction (in Part 6)

section 112

 
 

crime prevention objective

section 188

 

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designated premises supervisor

section 15

 
 

foreign offence

section 111

 
 

given, in relation to a notice, etc.

section 179

 
 

guest

section 66

 
 

interested party, in Part 3

section 13

 

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interested party, in Part 4

section 68

 
 

interim authority notice

section 46

 
 

late night refreshment

Schedule 2

 
 

licensable activity

section 1(1)

 
 

licensed premises

section 188

 

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licensing authority

section 3(1)

 
 

licensing authority’s area

section 3(2)

 
 

licensing functions

sections 4(1) and 188

 
 

licensing objectives

section 4(2)

 
 

order

section 188

 

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permitted temporary activity

section 96

 
 

personal licence

section 109(1)

 
 

premises

section 188

 
 

premises licence

section 11

 
 

premises user, in relation to a temporary event

section 98(2)

 

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notice

  
 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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Expression

Interpretation provision

 
 

prescribed

section 188

 
 

provisional statement

section 28(3)

 
 

qualifying club

section 60

 
 

qualifying club activity

section 1(2)

 

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recognised club

section 188

 
 

regulated entertainment

Schedule 1

 
 

regulations

section 188

 
 

relevant licensing authority, in Part 3

section 12

 
 

relevant licensing authority, in Part 4

section 67

 

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relevant licensing authority, in Part 5

section 97

 
 

relevant licensing authority, in Part 6

section 110

 
 

relevant offence, in Part 6

section 111

 
 

responsible authority, in Part 3

section 13

 
 

responsible authority, in Part 4

section 68

 

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sale by retail, in relation to alcohol

section 187

 
 

secretary, in Part 4

section 69

 
 

supply of alcohol, in Part 3

section 14

 
 

supply of alcohol to members or guests, in

section 69

 
 

relation to a club, in Part 4

  

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temporary event notice

section 98(1)

 
 

vehicle

section 188

 
 

vessel

section 188

 
 

wine

section 188

 
 

working day

section 188

 

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Supplementary and general

 190   Crown application

     (1)    This Act binds the Crown and has effect in relation to land in which there is—

           (a)           an interest belonging to Her Majesty in right of the Crown,

           (b)           an interest belonging to a government department, or

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           (c)           an interest held in trust for Her Majesty for the purposes of such a

department.

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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     (2)    This Act also applies to—

           (a)           land which is vested in, but not occupied by, Her Majesty in right of the

Duchy of Lancaster, and

           (b)           land which is vested in, but not occupied by, the possessor for the time

being of the Duchy of Cornwall.

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     (3)    No contravention by the Crown of any provision made by or under this Act

makes the Crown criminally liable; but the High Court may declare unlawful

any act or omission of the Crown which constitutes such a contravention.

     (4)    Provision made by or under this Act applies to persons in the public service of

the Crown as it applies to other persons.

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     (5)    But nothing in this Act affects Her Majesty in Her private capacity.

 191   Removal of privileges and exemptions

No privilege or exemption mentioned in section 199(a) or (b) of the Licensing

Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of

London) operates to exempt any person from the requirements of this Act.

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 192   Regulations and orders

     (1)    Any power of the Secretary of State to make regulations or an order under this

Act is exercisable by statutory instrument.

     (2)    Regulations or an order under this Act—

           (a)           may include incidental, supplementary, consequential or transitional

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provision or savings;

           (b)           may make provision generally or only in relation to specified cases;

           (c)           may make different provision for different purposes.

     (3)    A statutory instrument containing regulations or an order under this Act, other

than one containing—

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           (a)           an order under section 5(2) (order appointing start of first period for

which statement of licensing policy to be prepared),

           (b)           an order under section 169 (relaxation of opening hours for special

occasions),

           (c)           an order under section 173(3) (order amending definition of “excluded

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premises” where alcohol sales are prohibited),

           (d)           an order under section 196 (commencement), or

           (e)           an order under paragraph 4 of Schedule 1 (power to amend meaning of

regulated entertainment),

            is subject to annulment in pursuance of a resolution of either House of

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Parliament.

     (4)    A statutory instrument containing an order within subsection (3)(b), (c) or (e)

is not to be made unless a draft of the instrument containing the order has been

laid before and approved by a resolution of each House of Parliament.

     (5)    If a draft of an order within subsection (3)(b) would, apart from this subsection,

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be treated for the purposes of the Standing Orders of either House of

Parliament as a hybrid instrument, it is to proceed in that House as if it were

not such an instrument.

 

 

 
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Revised 20 November 2002