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Licensing Bill [HL]


Licensing Bill [HL]
Part 4 — Clubs

    43

 

 73    Prohibited conditions: associate members and their guests

     (1)    Where the rules of a club provide for the sale by retail of alcohol on any

premises by or on behalf of the club to, or to a guest of, an associate member of

the club, no condition may be attached to a club premises certificate in respect

of the sale by retail of alcohol on those premises by or on behalf of the club so

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as to prevent the sale by retail of alcohol to any such associate member or guest.

     (2)    Where the rules of a club provide for the provision of any regulated

entertainment on any premises by or on behalf of the club to, or to a guest of,

an associate member of the club, no condition may be attached to a club

premises certificate in respect of the provision of any such regulated

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entertainment on those premises by or on behalf of the club so as to prevent its

provision to any such associate member or guest.

 74    Prohibited conditions: plays

     (1)    In relation to a club premises certificate which authorises the performance of

plays, no condition may be attached to the certificate as to the nature of the

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plays which may be performed, or the manner of performing plays, under the

certificate.

     (2)    But subsection (1) does not prevent a licensing authority imposing, in

accordance with section 71(2)(a) or (3)(b), 83(3)(b) or 86(3), any condition which

it considers necessary on the grounds of public safety.

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 75    Grant or rejection of application for club premises certificate

     (1)    Where an application is granted under section 71, the relevant licensing

authority must forthwith—

           (a)           give a notice to that effect to—

                  (i)                 the applicant,

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                  (ii)                any person who made relevant representations in respect of the

application, and

                  (iii)               the chief officer of police for the police area (or each police area)

in which the premises are situated, and

           (b)           issue the club with the club premises certificate and a summary of it.

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     (2)    Where relevant representations were made in respect of the application, the

notice under subsection (1)(a) must specify the authority’s reasons for its

decision as to the steps (if any) to take under section 71(3)(b).

     (3)    Where an application is rejected under section 71, the relevant licensing

authority must forthwith give a notice to that effect, stating its reasons for that

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decision, to—

           (a)           the applicant,

           (b)           any person who made relevant representations in respect of the

application, and

           (c)           the chief officer of police for the police area (or each police area) in

40

which the premises are situated.

     (4)    In this section “relevant representations” has the meaning given in section

71(6).

 

 

Licensing Bill [HL]
Part 4 — Clubs

    44

 

 76    Form of certificate and summary

     (1)    A club premises certificate and the summary of such a certificate must be in the

prescribed form.

     (2)    Regulations under subsection (1) must, in particular, provide for the certificate

to—

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           (a)           specify the name of the club and the address which is to be its relevant

registered address, as defined in section 179(7);

           (b)           specify the address of the premises to which the certificate relates;

           (c)           include a plan of those premises;

           (d)           specify the qualifying club activities for which the premises may be

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used;

           (e)           specify the conditions subject to which the certificate has effect.

 77    Theft, loss etc. of certificate or summary

     (1)    Where a club premises certificate or summary is lost, stolen, damaged or

destroyed, the club may apply to the relevant licensing authority for a copy of

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the certificate or summary.

     (2)    Subsection (1) is subject to regulations under section 90(1) (power to prescribe

fee to accompany application).

     (3)    Where an application is made in accordance with this section, the relevant

licensing authority must issue the club with a copy of the certificate or

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summary (certified by the authority to be a true copy) if it is satisfied that—

           (a)           the certificate or summary has been lost, stolen, damaged or destroyed,

and

           (b)           where it has been lost or stolen, the club has reported the loss or theft

to the police.

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     (4)    The copy issued under this section must be a copy of the club premises

certificate or summary in the form in which it existed immediately before it

was lost, stolen, damaged or destroyed.

     (5)    This Act applies in relation to a copy issued under this section as it applies in

relation to an original club premises certificate or summary.

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Duration of certificate

 78    Period of validity of club premises certificate

     (1)    A club premises certificate has effect until such time as—

           (a)           it is withdrawn under section 86 or 88, or

           (b)           it lapses by virtue of section 79(3) (surrender).

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     (2)    But a club premises certificate does not have effect during any period when it

is suspended under section 86.

 79    Surrender of club premises certificate

     (1)    Where a club which holds a club premises certificate decides to surrender it,

the club may give the relevant licensing authority a notice to that effect.

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Licensing Bill [HL]
Part 4 — Clubs

    45

 

     (2)    The notice must be accompanied by the club premises certificate or, if that is

not practicable, by a statement of the reasons for the failure to produce the

certificate.

     (3)    Where a notice is given in accordance with this section, the certificate lapses on

receipt of the notice by the authority.

5

Duty to notify certain changes

 80    Notification of change of name or alteration of rules of club

     (1)    Where a club—

           (a)           holds a club premises certificate, or

           (b)           has made an application for a club premises certificate which has not

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been determined by the relevant licensing authority,

            the secretary of the club must give the relevant licensing authority notice of any

change in the name, or alteration made to the rules, of the club.

     (2)    Subsection (1) is subject to regulations under section 90(1) (power to prescribe

fee to accompany application).

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     (3)    A notice under subsection (1) by a club which holds a club premises certificate

must be accompanied by the certificate or, if that is not practicable, by a

statement of the reasons for the failure to produce the certificate.

     (4)    An authority notified under this section of a change in the name, or alteration

to the rules, of a club must amend the club premises certificate accordingly.

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     (5)    But nothing in subsection (4) requires or authorises the making of any

amendment to a club premises certificate so as to change the premises to which

the certificate relates (and no amendment made under that subsection to a club

premises certificate has effect so as to change those premises).

     (6)    If a notice required by this section is not given within the 28 days following the

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day on which the change of name or alteration to the rules is made, the

secretary of the club commits an offence.

     (7)    A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

 81    Change of relevant registered address of club

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     (1)    A club which holds a club premises certificate may give the relevant licensing

authority notice of any change desired to be made in the address which is to be

the club’s relevant registered address.

     (2)    If a club which holds a club premises certificate ceases to have any authority to

make use of the address which is its relevant registered address, it must as soon

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as reasonably practicable give to the relevant licensing authority notice of the

change to be made in the address which is to be the club’s relevant registered

address.

     (3)    Subsections (1) and (2) are subject to regulations under section 90(1) (power to

prescribe fee to accompany application).

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Licensing Bill [HL]
Part 4 — Clubs

    46

 

     (4)    A notice under subsection (1) or (2) must also be accompanied by the club

premises certificate or, if that is not practicable, by a statement of the reasons

for the failure to produce the certificate.

     (5)    An authority notified under subsection (1) or (2) of a change to be made in the

relevant registered address of a club must amend the club premises certificate

5

accordingly.

     (6)    If a club fails, without reasonable excuse, to comply with subsection (2) the

secretary commits an offence.

     (7)    A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

10

     (8)    In this section “relevant registered address” has the meaning given in section

179(7).

Variation of certificates

 82    Application to vary club premises certificate

     (1)    A club which holds a club premises certificate may apply to the relevant

15

licensing authority for variation of the certificate.

     (2)    Subsection (1) is subject to regulations under—

           (a)           section 89 (form etc. of applications);

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

     (3)    An application under this section must also be accompanied by the club

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premises certificate or, if that is not practicable, by a statement of the reasons

for the failure to provide the certificate.

     (4)    The power to make regulations under subsection (6) of section 70

(advertisement etc. of application) applies in relation to applications under this

section as it applies in relation to applications under that section.

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 83    Determination of application under section 82

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

           (a)           receives an application, made in accordance with section 82, to vary a

club premises certificate, and

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

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imposed by virtue of subsection (4) of that section.

     (2)    Subject to subsection (3) and section 84(4), the authority must grant the

application.

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

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

35

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—

 

 

Licensing Bill [HL]
Part 4 — Clubs

    47

 

           (a)           to modify the conditions of the certificate;

           (b)           to reject the whole or part of the application;

            and for this purpose the conditions of the certificate are modified if any of them

is altered or omitted or any new condition is added.

     (5)    In this section “relevant representations” means representations which—

5

           (a)           are about the likely effect of the grant of the application on the

promotion of the licensing objectives, and

           (b)           meet the requirements of subsection (6).

     (6)    The requirements are—

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

10

authority within the period prescribed under section 70(6)(c) by virtue

of section 82(4),

           (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

15

relevant licensing authority, frivolous or vexatious.

     (7)    Subsections (2) and (3) are subject to section 72 (requirement to include certain

conditions in club premises certificates).

 84    Supplementary provision about applications under section 82

     (1)    Where an application (or any part of an application) is granted under section

20

83, the relevant licensing authority must forthwith give a notice to that effect

to—

           (a)           the applicant,

           (b)           any person who made relevant representations in respect of the

application, and

25

           (c)           the chief officer of police for the police area (or each police area) in

which the premises are situated.

     (2)    Where relevant representations were made in respect of the application, the

notice under subsection (1) must specify the authority’s reasons for its decision

as to the steps (if any) to take under section 83(3)(b).

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     (3)    The notice under subsection (1) must specify the time when the variation in

question takes effect.

            That time is the time specified in the application or, if that time is before the

applicant is given the notice, such later time as the relevant licensing authority

specifies in the notice.

35

     (4)    Where an application (or any part of an application) is rejected under section

83, the relevant licensing authority must forthwith give a notice to that effect

stating its reasons for rejecting the application to—

           (a)           the applicant,

           (b)           any person who made relevant representations, and

40

           (c)           the chief officer of police for the police area (or each police area) in

which the premises are situated.

     (5)    Where the relevant licensing authority determines for the purposes of section

83(6)(c) that any representations are frivolous or vexatious, it must give the

person who made them its reasons for that determination.

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Licensing Bill [HL]
Part 4 — Clubs

    48

 

     (6)    A club premises certificate may not be varied under section 83 so as to vary

substantially the premises to which it relates.

     (7)    In discharging its duty under subsection (2) or (3) of that section, a licensing

authority may vary a club premises certificate so that it has effect subject to

different conditions in respect of—

5

           (a)           different parts of the premises concerned;

           (b)           different qualifying club activities.

     (8)    In this section “relevant representations” has the meaning given in section

83(5).

Review of certificates

10

 85    Application for review of club premises certificate

     (1)    Where a club holds a club premises certificate—

           (a)           an interested party,

           (b)           a responsible authority, or

           (c)           a member of the club,

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            may apply to the relevant licensing authority for a review of the certificate.

     (2)    Subsection (1) is subject to regulations under section 89 (form etc. of

applications).

     (3)    Regulations under this section may—

           (a)           require the applicant to give a notice containing details of the

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application to the club and each responsible authority within such

period as may be prescribed;

           (b)           require the authority to advertise the application, and invite

representations relating to it to be made, to the authority;

           (c)           prescribe the period during which representations may be made by the

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club, any responsible authority and any interested party;

           (d)           require any notice under paragraph (a) or advertisement under

paragraph (b) to specify that period.

     (4)    The relevant licensing authority may, at any time, reject any ground for review

specified in an application under this section if it is satisfied—

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           (a)           that the ground is not relevant to one or more of the licensing

objectives, or

           (b)           in the case of an application made by a person other than a responsible

authority, that—

                  (i)                 the ground is frivolous or vexatious, or

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                  (ii)                the ground is a repetition.

     (5)    For this purpose a ground for review is a repetition if—

           (a)           it is identical or substantially similar to—

                  (i)                 a ground for review specified in an earlier application for

review made in respect of the same club premises certificate and

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determined under section 86, or

                  (ii)                representations considered by the relevant licensing authority

in accordance with section 71, before it determined the

application for the club premises certificate under that section,

and

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Licensing Bill [HL]
Part 4 — Clubs

    49

 

           (b)           a reasonable interval has not elapsed since that earlier application or

that grant.

     (6)    Where the authority rejects a ground for review under subsection (4)(b), it

must notify the applicant of its decision and, if the ground was rejected because

it was frivolous or vexatious, the authority must notify him of its reasons for

5

making that decision.

     (7)    The application is to be treated as rejected to the extent that any of the grounds

for review are rejected under subsection (4).

            Accordingly, the requirements imposed under subsection (3)(a) and (b) and by

section 86 (so far as not already met) apply only to so much (if any) of the

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application as has not been rejected.

 86    Determination of application for review

     (1)    This section applies where—

           (a)           the relevant licensing authority receives an application made in

accordance with section 85,

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           (b)           the applicant has complied with any requirement imposed by virtue of

subsection (3)(a) or (d) of that section, and

           (c)           the authority has complied with any requirement imposed on it under

subsection (3)(b) or (d) of that section.

     (2)    Before determining the application, the authority must hold a hearing to

20

consider it and any relevant representations.

     (3)    The authority must, having regard to the application and any relevant

representations, take such of the steps mentioned in subsection (4) (if any) as it

considers necessary for the promotion of the licensing objectives.

     (4)    The steps are—

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           (a)           to modify the conditions of the certificate;

           (b)                                                                                                                                         to exclude a qualifying club activity from the scope of the certificate;

           (c)           to suspend the certificate for a period not exceeding three months;

           (d)           to withdraw the certificate;

            and for this purpose the conditions of the certificate are modified if any of them

30

is altered or omitted or any new condition is added.

     (5)    Subsection (3) is subject to section 72 (requirement to include certain conditions

in a club premises certificate).

     (6)    Where the authority takes a step within subsection (4)(a) or (b), it may provide

that the modification or exclusion is to have effect for only such period (not

35

exceeding three months) as it may specify.

     (7)    In this section “relevant representations” means representations which—

           (a)           are relevant to one or more of the licensing objectives, and

           (b)           meet the requirements of subsection (8).

     (8)    The requirements are—

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           (a)           that the representations are made by the club, a responsible authority

or an interested party within the period prescribed under section

85(3)(c),

           (b)           that they have not been withdrawn, and

 

 

 
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