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Licensing Bill [HL]


Licensing Bill [HL]
Part 4 — Clubs

    39

 

     (4)    In a case within subsection (3)(b), an applicant for a club premises certificate

must nominate one of the licensing authorities as the relevant licensing

authority in relation to the application and any certificate granted as a result of

it.

 68    Authorised persons, interested parties and responsible authorities

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     (1)    In this Part in relation to any premises each of the following expressions has

the meaning given to it by this section—

                    “authorised person”,

                    “interested party”,

                    “responsible authority”.

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     (2)    “Authorised person” means any of the following—

           (a)           an officer of a licensing authority in whose area the premises are

situated who is authorised by that authority for the purposes of this

Act,

           (b)           an inspector appointed under section 18 of the Fire Precautions Act

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1971 (c. 40),

           (c)           an inspector appointed under section 19 of the Health and Safety at

Work etc. Act 1974 (c. 37),

           (d)           an officer of a local authority, in whose area the premises are situated,

who is authorised by that authority for the purposes of exercising one

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or more of its statutory functions in relation to minimising or

preventing the risk of pollution of the environment or of harm to

human health,

           (e)           in relation to a vessel, an inspector, or a surveyor of ships, appointed

under section 256 of the Merchant Shipping Act 1995 (c. 21),

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           (f)           a person prescribed for the purposes of this subsection.

     (3)    “Interested party” means any of the following—

           (a)           a person living in the vicinity of the premises,

           (b)           a body representing persons who live in that vicinity,

           (c)           a person involved in a business in that vicinity,

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           (d)           a body representing persons involved in such businesses.

     (4)    “Responsible authority” means any of the following—

           (a)           the chief officer of police for any police area in which the premises are

situated,

           (b)           the fire authority for any area in which the premises are situated,

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           (c)           the enforcing authority within the meaning given by section 18 of the

Health and Safety at Work etc. Act 1974 for any area in which the

premises are situated,

           (d)           the local authority by which statutory functions are exercisable in any

area in which the premises are situated in relation to minimising or

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preventing the risk of pollution of the environment or of harm to

human health,

           (e)           any licensing authority (other than the relevant licensing authority) in

whose area part of the premises is situated,

           (f)           in relation to a vessel—

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                  (i)                 a navigation authority (within the meaning of section 221(1) of

the Water Resources Act 1991 (c. 57)) having functions in

relation to the waters where the vessel is usually moored or

 

 

Licensing Bill [HL]
Part 4 — Clubs

    40

 

                  (i)                 berthed or any waters where it is, or is proposed to be,

navigated at a time when it is used for qualifying club activities,

                  (ii)                the Environment Agency,

                  (iii)               the British Waterways Board, or

                  (iv)                the Secretary of State,

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           (g)           a person prescribed for the purposes of this subsection.

     (5)    For the purposes of this section, “statutory function” means a function

conferred by or under any enactment.

 69    Other definitions relating to clubs

In this Part—

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                      “secretary”, in relation to a club, includes any person (whether or not an

officer of the club) performing the duties of a secretary;

                      “supply of alcohol to members or guests” means, in the case of any club,—

                  (a)                 the supply of alcohol by or on behalf of the club to, or to the

order of, a member of the club for consumption on the premises

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where the supply takes place, or

                  (b)                 the sale by retail of alcohol by or on behalf of the club to a guest

of a member of the club for consumption on the premises where

the sale takes place,

                      and related expressions are to be construed accordingly.

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Grant of club premises certificate

 70    Application for club premises certificate

     (1)    A club may apply for a club premises certificate in respect of any premises

which are occupied by, and habitually used for the purposes of, the club.

     (2)    Any application for a club premises certificate must be made to the relevant

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licensing authority.

     (3)    Subsection (2) is subject to regulations under—

           (a)           section 89 (form etc. of applications and notices under this Part);

           (b)           section 90 (fees to accompany applications and notices).

     (4)    An application under this section must also be accompanied by—

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           (a)           a club operating schedule,

           (b)           a plan of the premises to which the application relates, in the prescribed

form, and

           (c)           a copy of the rules of the club.

     (5)    A “club operating schedule” is a document which is in the prescribed form, and

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includes a statement of the following matters—

           (a)           the qualifying club activities to which the application relates (“the

relevant qualifying club activities”),

           (b)           the times during which it is proposed that the relevant qualifying club

activities are to take place,

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           (c)           any other times during which it is proposed that the premises are to be

open to members and their guests,

 

 

Licensing Bill [HL]
Part 4 — Clubs

    41

 

           (d)           the steps which it is proposed to take to promote the licensing

objectives, and

           (e)           such other matters as may be prescribed.

     (6)    Regulations may—

           (a)           require an applicant to advertise the application within the prescribed

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period—

                  (i)                 in the prescribed form, and

                  (ii)                in a manner which is prescribed and is likely to bring the

application to the attention of the interested parties likely to be

affected by it,

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           (b)           require an applicant to give notice of the application to each responsible

authority, and such other persons as may be prescribed within the

prescribed period,

           (c)           prescribe the period during which interested parties and responsible

bodies may make representations to the relevant licensing authority

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about the application.

 71    Determination of application for club premises certificate

     (1)    This section applies where the relevant licensing authority—

           (a)           receives an application for a club premises certificate made in

accordance with section 70, and

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           (b)           is satisfied that the applicant has complied with any requirement

imposed on the applicant under subsection (6) of that section.

     (2)    Subject to subsection (3), the authority must grant the certificate in accordance

with the application subject only to—

           (a)           such conditions as are consistent with the club operating schedule

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accompanying the application, and

           (b)           any condition which must under section 72 be included in the

certificate.

     (3)    Where relevant representations are made, the authority must—

           (a)           hold a hearing to consider them, unless the authority, the applicant and

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each person who has made such representations agree that a hearing is

unnecessary, and

           (b)           having regard to the representations, take such of the steps mentioned

in subsection (4) (if any) as it considers necessary for the promotion of

the licensing objectives.

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     (4)    The steps are—

           (a)           to grant the certificate subject to—

                  (i)                 the conditions mentioned in subsection (2)(a) modified to such

extent as the authority considers necessary for the promotion of

the licensing objectives, and

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                  (ii)                any condition which must under section 72 be included in the

certificate;

           (b)           to exclude from the scope of the certificate any of the qualifying club

activities to which the application relates;

           (c)           to reject the application.

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Licensing Bill [HL]
Part 4 — Clubs

    42

 

     (5)    For the purposes of subsection (4)(a)(i) the conditions mentioned in subsection

(2)(a) are modified if any of them is altered or omitted or any new condition is

added.

     (6)    For the purposes of this section, “relevant representations” means

representations which—

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           (a)           are about the likely effect of the grant of the certificate on the promotion

of the licensing objectives, and

           (b)           meet the requirements of subsection (7).

     (7)    The requirements are—

           (a)           that the representations were made by an interested party or

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responsible authority within the period prescribed under section

70(6)(c),

           (b)           that they have not been withdrawn, and

           (c)           in the case of representations made by an interested party (who is not

also a responsible authority), that they are not, in the opinion of the

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relevant licensing authority, frivolous or vexatious.

     (8)    Where the authority determines for the purposes of subsection (7)(c) that any

representations are frivolous or vexatious, it must notify the person who made

them of the reasons for its determination.

     (9)    In discharging its duty under subsection (2) or (3)(b) a licensing authority may

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grant a club premises certificate subject to different conditions in respect of—

           (a)           different parts of the premises concerned;

           (b)           different qualifying club activities.

 72    Mandatory conditions: door supervision

     (1)    Where a club premises certificate includes a condition that at specified times

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one or more individuals must be at the premises to carry out a security activity,

the licence must include a condition that each such individual must be licensed

by the Security Industry Authority.

     (2)    But nothing in subsection (1) requires such a condition to be imposed—

           (a)           in respect of premises within paragraph 8(3)(a) of Schedule 2 to the

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Private Security Industry Act 2001 (c. 12) (premises with premises

licences authorising plays or films), or

           (b)           in respect of premises in relation to—

                  (i)                 any occasion mentioned in paragraph 8(3)(b) or (c) of that

Schedule (premises being used exclusively by club with club

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premises certificate, under temporary event notice authorising

films or under a gaming licence), or

                  (ii)                any occasion within paragraph 8(3)(d) of that Schedule

(occasions prescribed by regulations under that Act).

     (3)    For the purposes of this section—

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           (a)           “security activity” means an activity to which paragraph 2(1)(a) of that

Schedule applies, and

           (b)           paragraph 8(5) of that Schedule (interpretation of references to an

occasion) applies as it applies in relation to paragraph 8 of that

Schedule.

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Revised 20 November 2002