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Licensing Bill [HL]


Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    133

 

          (5)      In subsection (5), for “licensing justices or a licensing board, the justices or

board” substitute “a licensing authority or a licensing board, the authority or

board”.

          (6)      In subsection (6) —

              (a)             for “the licensing justices or” substitute “the relevant licensing

5

authority or the”,

              (b)             for paragraph (a) substitute—

                           “(a)                             to the holder of the licence,”, and

              (c)             for “the police area” substitute “each police area”.

          (7)      After subsection (7) insert—

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              “(7A)                A function conferred by this section on a licensing authority is, for

the purposes of section 7 of the Licensing Act 2003 (exercise and

delegation by licensing authority of licensing functions), to be

treated as a licensing function within the meaning of that Act.”

          (8)      For subsection (8) substitute—

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              “(8)                In this section—

                                      “licensing area” has the same meaning as in the Licensing

(Scotland) Act 1976,

                                      “licensing authority” and “premises licence” have the same

meaning as in the Licensing Act 2003,

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                                      “relevant licensing authority”, in relation to premises in respect

of which a premises licence has effect, means the authority

determined in relation to those premises in accordance with

section 12 of that Act, and

                                      “supply of alcohol” has the meaning given in section 14 of that

25

Act.”

  50       For section 7(2) (offence to allow child to take part in gaming on licensed

premises) substitute—

              “(2)                Neither the holder of the licence which has effect in respect of

premises to which section 6 applies, nor anybody employed by him,

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may knowingly allow a person under 18 to take part on those

premises in gaming to which this Part applies.”

  51       For section 8(7) (penalty for contravention of section 7(2)) substitute—

              “(7)                Any person who contravenes section 7(2) is guilty of an offence

and—

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                    (a)                   where the offence is committed in England and Wales, the

person is liable on summary conviction to a fine not

exceeding level 5 on the standard scale, and

                    (b)                   where the offence is committed in Scotland, the provisions of

Schedule 5 to the Licensing (Scotland) Act 1976 are to have

40

effect as they have effect in relation to a contravention of

section 68(1) of that Act.”

  52      (1)      Schedule 9 (permits in respect of amusement machine premises) is amended

as follows.

          (2)      In paragraph 1 (interpretation), for paragraph (a) substitute—

45

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    134

 

                      “(a)                        in relation to any premises in England and Wales in respect

of which there is in force a premises licence authorising the

supply of alcohol for consumption on the premises, means

the relevant licensing authority in relation to those

premises;”.

5

          (3)      After that paragraph, insert—

          “1A                  A function conferred by this Schedule on a licensing authority is,

for the purposes of section 7 of the Licensing Act 2003 (exercise

and delegation by licensing authority of licensing functions), to be

treated as a licensing function within the meaning of that Act.”

10

          (4)      In paragraph 10A (condition in case of licensed premises, etc. that

amusement machine must be located in a bar), in sub-paragraph (2)(a), for

“has the same meaning as in the Licensing Act 1964” substitute “means any

place which, by virtue of a premises licence, may be used for the supply of

alcohol and which is exclusively or mainly used for the supply and

15

consumption of alcohol”.

          (5)      In paragraph 11—

              (a)             in sub-paragraphs (2) and (3) (appeals), for “proper officer of”

substitute “clerk to”, and

              (b)             omit sub-paragraph (5).

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          (6)      Omit paragraph 14 (payment of indemnity out of central funds).

          (7)      In paragraph 21 (fees), for “proper officer” substitute “clerk”.

          (8)      For paragraph 23 (interpretation of expressions relating to licensing)

substitute—

          “23                  In this Schedule—

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                                     “alcohol”, “licensing authority” and “premises licence” have

the same meaning as in the Licensing Act 2003;

                                     “hotel licence” and “public house licence” have the same

meaning as in Schedule 1 to the Licensing (Scotland) Act

1976;

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                                     “relevant licensing authority”, in relation to premises in

respect of which a premises licence is in force, means the

authority determined in relation to those premises in

accordance with section 12 of the Licensing Act 2003; and

                                     “supply of alcohol” is to be construed in accordance with

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section 14 of that Act.”

          (9)      Omit paragraph 24 (proper officer of an appropriate authority).

City of London (Various Powers) Act 1968 (c. xxxvii)

  53       For section 5(3) of the City of London (Various Powers) Act 1968

(entitlement of Corporation of London to apply for and hold licence to sell

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alcohol in arrangements for catering facilities) substitute—

              “(3)                The Corporation of London or any person appointed by them in that

behalf may, subject to section 16 of the Licensing Act 2003, for the

purposes of this section apply for and hold a premises licence under

that Act for the sale by retail of alcohol within the meaning of that

45

Act.”

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    135

 

Finance Act 1970 (c. 24)

  54       In section 6(2)(b) of the Finance Act 1970 (Angostura bitters)—

              (a)             omit the words “, the Licensing Act 1964”, and

              (b)             for “either of those Acts” substitute “that Act”.

Sunday Theatre Act 1972 (c.26)

5

  55       The Sunday Theatre Act 1972 ceases to have effect.

Local Government Act 1972 (c. 70)

  56       The Local Government Act 1972 is amended as follows.

  57       In section 78(1) (supplementary provision relating to changes in local

government areas), omit the definition of “public body”.

10

  58       In section 101 (arrangements for discharge of functions by local authorities),

after subsection (14) insert—

              “(15)                Nothing in this section applies in relation to any function under the

Licensing Act 2003 of a licensing authority (within the meaning of

that Act).”

15

  59       In section 145(4) (provision of entertainment), for “intoxicating liquor”

substitute “alcohol”.

  60       Section 204 (licensed premises) ceases to have effect.

  61      (1)      Schedule 12 (meetings and proceedings of local authorities) is amended as

follows.

20

          (2)      In the following provisions, for “premises licensed for the sale of

intoxicating liquor” substitute “premises which at the time of such a meeting

may, by virtue of a premises licence or temporary event notice under the

Licensing Act 2003, be used for the supply of alcohol (within the meaning of

section 14 of that Act)”—

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              (a)             paragraph 10(1) (location of parish council meetings),

              (b)             paragraph 26(1) (location of community council meetings).

          (3)      In the following provisions, for “premises licensed for the sale of

intoxicating liquor” substitute “premises which at the time of the meeting

may, by virtue of a premises licence or temporary event notice under the

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Licensing Act 2003, be used for the supply of alcohol (within the meaning of

section 14 of that Act)”—

              (a)             paragraph 14(5) (location of parish meetings),

              (b)             paragraph 32(2) (location of community meetings).

Lotteries and Amusements Act 1976 (c. 32)

35

  62       Schedule 3 to the Lotteries and Amusements Act 1976 (provision about

permits for commercial provision of amusements with prizes) is amended as

follows.

  63      (1)      Paragraph 1 (interpretation) is amended as follows.

          (2)      In sub-paragraph (1), for paragraph (a) substitute—

40

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    136

 

                      “(a)                        in relation to any premises in England and Wales in respect

of which there is in force a premises licence authorising the

supply of alcohol for consumption on the premises, the

relevant licensing authority in relation to those premises;”.

          (3)      In sub-paragraph (2)—

5

              (a)             for the definition of “justices’ on-licence”, “licensing district” and

“Part IV licence” substitute—

                                      ““alcohol”, “licensing authority” and “premises licence” have

the same meaning as in the Licensing Act 2003,”,

              (b)             omit the definition of “the proper officer of the authority”, and

10

              (c)             at the appropriate place, insert—

                                      ““relevant licensing authority”, in relation to premises in

respect of which a premises licence is in force, means the

licensing authority in relation to those premises

determined in accordance with section 12 of the Licensing

15

Act 2003;”, and

                                      ““supply of alcohol” has the same meaning as in section 14 of

the Licensing Act 2003;”.

          (4)      After that sub-paragraph insert—

                           “(3)                  A function conferred by this Schedule on a licensing authority is,

20

for the purposes of section 7 of the Licensing Act 2003 (exercise

and delegation by licensing authority of licensing functions), to be

treated as a licensing function within the meaning of that Act.”

  64       In paragraph 8 (appeals)—

              (a)             in sub-paragraphs (2) and (3), for “proper officer of” substitute “clerk

25

to”, and

              (b)             omit sub-paragraph (4).

  65       Omit paragraph 11 (payment of indemnity from central funds).

  66       In paragraph 18 (fees), for “proper officer” substitute “clerk”.

Rent Act 1977 (c. 42)

30

  67       In section 11 of the Rent Act 1977 (tenancy of licensed premises not to be

protected or statutory tenancy), for “premises licensed for the sale of

intoxicating liquors” substitute “premises which, by virtue of a premises

licence under the Licensing Act 2003, may be used for the supply of alcohol

(within the meaning of section 14 of that Act)”.

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Greater London Council (General Powers) Act 1978 (c. xiii)

  68       The Greater London Council (General Powers) Act 1978 is amended as

follows.

  69       Section 3 (human posing to be treated as entertainment) ceases to have

effect.

40

  70       In section 5(4)(a) (definition of “booking office”)—

              (a)             omit sub-paragraph (ii) and the word “or” immediately preceding it,

and

              (b)             for “sub-paragraphs (i) and (ii)” substitute “sub-paragraph (i)”.

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    137

 

Alcoholic Liquor Duties Act 1979 (c. 4)

  71       The Alcoholic Liquor Duties Act 1979 is amended as follows.

  72       In section 4 (interpretation)—

              (a)             in the definition of “justices’ licence” and “justices’ on-licence”, omit

paragraph (a), and

5

              (b)             in the definition of “registered club”, omit “which is for the time

being registered within the meaning of the Licensing Act 1964 or”.

  73       In section 71 (exception to penalty for misdescribing alcohol as spirits)—

              (a)             after subsection (4) insert—

                    “(4A)                      Nothing in this section as it applies to England and Wales

10

shall apply to any alcohol (within the meaning of the

Licensing Act 2003) which is prepared on any premises

which may be lawfully used for the supply of alcohol (within

the meaning of section 14 of that Act) for immediate

consumption there.”

15

              (b)             in subsection (5)—

                    (i)                   omit “England and Wales or”,

                    (ii)                  omit paragraph (c), and

                    (iii)                 for “, in that club or on board that aircraft, vessel or vehicle,”

substitute “or in that club”.

20

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

  74       In section 4(1) of the Licensed Premises (Exclusion of Certain Persons) Act

1980 (interpretation), in the definition of “licensed premises” for the words

“a justices’ on-licence (within the meaning of section 1 of the Licensing Act

1964)” substitute “a premises licence under the Licensing Act 2003

25

authorising the supply of alcohol (within the meaning of section 14 of that

Act) for consumption on the premises”.

Magistrates’ Courts Act 1980 (c. 43)

  75       In Part 3 of Schedule 6 to the Magistrates’ Courts Act 1980 (matters to which

provision relating to fees taken by clerks to justices does not apply),

30

paragraphs 3 and 5 are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

  76       The Local Government, Planning and Land Act 1980 is amended as follows.

  77       Sections 131 to 133 (licensing in new towns) cease to have effect.

  78       In section 146 (disposal of land by urban development corporation)—

35

              (a)             in subsection (3), for “intoxicating liquor” substitute “alcohol”, and

              (b)             in subsection (6), for ““intoxicating liquor” has the meaning assigned

by section 201 of the Licensing Act 1964” substitute ““alcohol” has

the meaning given by section 186 of the Licensing Act 2003”.

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    138

 

Indecent Displays (Control) Act 1981 (c. 42)

  79       In section 1(4) of the Indecent Displays (Control) Act 1981 (exemptions from

offence of displaying indecent matter)—

              (a)             for paragraph (d) substitute—

                           “(d)                             included in a performance of a play (within the

5

meaning of paragraph 12(1) of Schedule 1 to the

Licensing Act 2003) in England and Wales or of a play

(within the meaning of the Theatres Act 1968) in

Scotland;”, and

              (b)             in paragraph (e) for “included in a film exhibition as defined in the

10

Cinemas Act 1985” substitute “included in an exhibition of a film,

within the meaning of paragraph 13 of Schedule 1 to the Licensing

Act 2003, in England and Wales or a film exhibition, as defined in the

Cinemas Act 1985, in Scotland”.

New Towns Act 1981 (c. 64)

15

  80       In section 18 of the New Towns Act 1981 (disposal by development

corporation of land to occupiers of it before acquisition by corporation), in

subsection (3) for the words “intoxicating liquor (“intoxicating liquor”

having the meaning given in section 201(1) of the Licensing Act 1964)”

substitute “alcohol (within the meaning of section 186 of the Licensing Act

20

2003)”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

  81       The Local Government (Miscellaneous Provisions) Act 1982 is amended as

follows.

  82       The following provisions cease to have effect—

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              (a)             section 1 (licensing of public entertainment outside Greater London),

              (b)             sections 4 to 6 (controls on take-away food shops),

              (c)             Schedule 1 (licensing of public entertainment outside Greater

London).

  83       In section 10(11) (requirement that apparatus to be installed should be

30

provided with cut-off switch disapplied in relation to cinemas) for the words

“premises in respect of which a licence under section 1 of the Cinemas Act

1985 is for the time being in force” substitute “premises in respect of which

a premises licence under the Licensing Act 2003 has effect authorising the

use of the premises for an exhibition of a film, within the meaning of that

35

Act”.

  84      (1)      Schedule 3 (control of sex establishments) is amended as follows.

          (2)      In paragraph 3(2) (premises not to be treated as a sex cinema merely because

the exhibition of a film there must be authorised by a licence, etc.)—

              (a)             for paragraph (a) substitute—

40

                             “(a)                               if they may be used for an exhibition of a film

(within the meaning of paragraph 13 of Schedule 1

to the Licensing Act 2003) by virtue of an

authorisation (within the meaning of section 134 of

that Act), of their use in accordance with that

45

authorisation”, and

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    139

 

              (b)             in paragraph (b), for “that Act” substitute “the Cinemas Act 1985”.

          (3)      In paragraph 3A (exemption for theatres and cinemas from provisions about

sex encounter establishments) for paragraphs (i) and (ii) of the proviso

substitute—

                      “(i)                        for the time being, being used for the provision of

5

regulated entertainment (within the meaning of the

Licensing Act 2003), in circumstances where that use is

authorised under that Act; or

                      (ii)                        for the time being, being used for the purposes of late night

refreshment (within the meaning of that Act), in

10

circumstances where that use is so authorised; or”.

Representation of the People Act 1983 (c. 2)

  85       The Representation of the People Act 1983 is amended as follows.

  86       In section 185 (interpretation of Part relating to legal proceedings), for the

definition of “Licensing Acts” substitute—

15

                    ““Licensing Acts” means the Licensing (Scotland) Act 1976 and the

Licensing (Northern Ireland) Order 1996 (as that Act or Order may

from time to time have effect);”.

  87       In Schedule 7 (transitional and saving provision), omit paragraph 4.

Video Recordings Act 1984 (c. 39)

20

  88       In section 3(7) of the Video Recordings Act 1984 (exempted supply of video

recording)—

              (a)             before paragraph (a) insert

                           “(za)                             premises in England and Wales which, by virtue of an

authorisation within the meaning of section 134 of the

25

Licensing Act 2003, may be used for the exhibition of

a film within the meaning of paragraph 13 of

Schedule 1 to that Act,”, and

              (b)             in paragraphs (a) and (c) after “premises”, and in paragraph (b) after

the first “premises”, insert “in Scotland”.

30

Building Act 1984 (c. 55)

  89       The Building Act 1984 is amended as follows.

  90       In section 24(4) (provision of exits in buildings) for paragraph (c)

substitute—

                    “(c)                      premises in respect of which a club premises certificate has

35

effect under the Licensing Act 2003,”.

  91       In section 74(2) (exemption for certain premises from requirement for local

authority’s consent for cellars and rooms below subsoil water level), omit

paragraph (a) and the word “or” immediately following it.

 

 

 
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