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Licensing Bill [HL]


Licensing Bill [HL]
Part 6 — Personal licences

    69

 

Conviction of licence holder for relevant offence

 126   Duty to notify court of personal licence

     (1)    Where the holder of a personal licence is charged with a relevant offence, he

must, no later than the time he makes his first appearance in a magistrates’

court in connection with that offence—

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           (a)           produce to the court the personal licence, or

           (b)           if that is not practicable, notify the court of the existence of the personal

licence and the identity of the relevant licensing authority and of the

reasons why he cannot produce the licence.

     (2)    Subsection (3) applies where a person charged with a relevant offence is

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granted a personal licence—

           (a)           after his first appearance in a magistrates’ court in connection with that

offence, but

           (b)           before—

                  (i)                 his conviction, and sentencing for the offence, or his acquittal,

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or,

                  (ii)                where an appeal is brought against his conviction, sentence or

acquittal, the disposal of that appeal.

     (3)    At his next appearance in court in connection with that offence, that person

must—

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           (a)           produce to the court the personal licence, or

           (b)           if that is not practicable, notify the court of the existence of the personal

licence and the identity of the relevant licensing authority and of the

reasons why he cannot produce the licence.

     (4)    Where—

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           (a)           a person charged with a relevant offence has produced his licence to, or

notified, a court under subsection (1) or (3), and

           (b)           before he is convicted of and sentenced for, or acquitted of, that offence,

a notifiable event occurs in respect of the licence,

            he must, at his next appearance in court in connection with that offence, notify

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the court of that event.

     (5)    For this purpose a “notifiable event” in relation to a personal licence means any

of the following—

           (a)           the making or withdrawal of an application for renewal of the licence;

           (b)           the surrender of the licence under section 114;

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           (c)           the renewal of the licence under section 119;

           (d)           the revocation of the licence under section 122.

     (6)    A person commits an offence if he fails, without reasonable excuse, to comply

with this section.

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

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

 127   Forfeiture or suspension of licence on conviction for relevant offence

     (1)    This section applies where the holder of a personal licence is convicted of a

relevant offence by or before a court in England and Wales.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

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     (2)    The court may—

           (a)           order the forfeiture of the licence, or

           (b)           order its suspension for a period not exceeding six months.

     (3)    In determining whether to make an order under subsection (2), the court may

take account of any previous conviction of the holder for a relevant offence.

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     (4)    Where a court makes an order under this section it may suspend the order

pending an appeal against it.

     (5)    Subject to subsection (4) and section 128, an order under this section takes

effect immediately after it is made.

 128   Powers of appellate court to suspend order under section 127

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     (1)    This section applies where—

           (a)           a person (“the offender”) is convicted of a relevant offence, and

           (b)           an order is made under section 127 in respect of that conviction (“the

section 127 order”).

     (2)    In this section any reference to the offender’s sentence includes a reference to

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the section 127 order and to any other order made on his conviction and,

accordingly, any reference to an appeal against his sentence includes a

reference to an appeal against any order forming part of his sentence.

     (3)    Where the offender—

           (a)           appeals to the Crown Court, or

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           (b)           appeals or applies for leave to appeal to the Court of Appeal,

            against his conviction or his sentence, the Crown Court or, as the case may be,

the Court of Appeal may suspend the section 127 order.

     (4)    Where the offender appeals or applies for leave to appeal to the House of

Lords—

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           (a)           under section 1 of the Administration of Justice Act 1960 (c. 65) from

any decision of the High Court which is material to his conviction or

sentence, or

           (b)           under section 33 of the Criminal Appeal Act 1968 (c. 19) from any

decision of the Court of Appeal which is material to his conviction or

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sentence,

            the High Court or, as the case may require, the Court of Appeal may suspend

the section 127 order.

     (5)    Where the offender makes an application in respect of the decision of the court

in question under section 111 of the Magistrates’ Courts Act 1980 (c. 43)

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(statement of case by magistrates’ court) or section 28 of the Supreme Court Act

1981 (c. 54) (statement of case by Crown Court) the High Court may suspend

the section 127 order.

     (6)    Where the offender—

           (a)           applies to the High Court for a quashing order to remove into the High

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Court any proceedings of a magistrates’ court or of the Crown Court,

being proceedings in or in consequence of which he was convicted or

his sentence was passed, or

           (b)           applies to the High Court for permission to make such an application,

            the High Court may suspend the section 127 order.

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Licensing Bill [HL]
Part 6 — Personal licences

    71

 

     (7)    Any power of a court under this section to suspend the section 127 order is a

power to do so on such terms as the court thinks fit.

     (8)    Where, by virtue of this section, a court suspends the section 127 order it must

send notice of the suspension to the relevant licensing authority.

     (9)    Where the section 127 order is an order for forfeiture of the licence, an order

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under this section to suspend that order has effect to reinstate the licence for

the period of the suspension.

 129   Court’s duty to notify licensing authority of convictions

     (1)    This section applies where a person who holds a personal licence (“the relevant

person”) is convicted, by or before a court in England and Wales, of a relevant

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offence in a case where—

           (a)           the relevant person has given notice under section 126 (notification of

personal licence), or

           (b)           the court is, for any other reason, aware of the existence of that personal

licence.

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     (2)    But it does not apply in a case where—

           (a)           the relevant offence is within section 112(3),

           (b)           a custodial sentence of at least 30 months was not imposed in respect of

it, and

           (c)           the court has not made an order under section 127.

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     (3)    The appropriate officer of the court must (as soon as reasonably practicable)—

           (a)           send to the relevant licensing authority a notice specifying—

                  (i)                 the name and address of the relevant person,

                  (ii)                the nature and date of the conviction, and

                  (iii)               any sentence passed in respect of it, including any order made

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under section 127, and

           (b)           send a copy of the notice to the relevant person.

     (4)    Where, on an appeal against the relevant person’s conviction for the relevant

offence or against the sentence imposed on him for that offence, his conviction

is quashed or a new sentence is substituted for that sentence, the court which

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determines the appeal must (as soon as reasonably practicable) arrange—

           (a)           for notice of the quashing of the conviction or the substituting of the

sentence to be sent to the relevant licensing authority, and

           (b)           for a copy of the notice to be sent to the relevant person.

     (5)    Where the case is referred to the Court of Appeal under section 36 of the

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Criminal Justice Act 1988 (c. 33) (review of lenient sentence), the court must

cause—

           (a)           notice of any action it takes under subsection (1) of that section to be

sent to the relevant licensing authority, and

           (b)           a copy of the notice to be sent to the relevant person.

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     (6)    For the purposes of subsection (3) “the appropriate officer” is—

           (a)           in the case of a magistrates’ court, the clerk of the court, and

           (b)           in the case of the Crown Court, the appropriate officer;

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    72

 

            and section 141 of the Magistrates’ Courts Act 1980 (c. 43) (meaning of “clerk

of a magistrates’ court”) applies in relation to this subsection as it applies in

relation to that section.

 130   Licence holder’s duty to notify licensing authority of convictions

     (1)    Subsection (2) applies where the holder of a personal licence—

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           (a)           is convicted of a relevant offence, in a case where—

                  (i)                 section 129(1) does not apply, and

                  (ii)                if the offence is an offence within section 112(3), a custodial

sentence of at least 30 months was imposed, or

           (b)           is convicted of a foreign offence.

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     (2)    The holder must—

           (a)           as soon as reasonably practicable after the conviction, give the relevant

licensing authority a notice containing details of the nature and date of

the conviction, and any sentence imposed on him in respect of it, and

           (b)           as soon as reasonably practicable after the determination of any appeal

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against the conviction or sentence, or of any reference under section 36

of the Criminal Justice Act 1988 (c. 33) in respect of the case, give the

relevant licensing authority a notice containing details of the

determination.

     (3)    A notice under subsection (2) must be accompanied by the personal licence or,

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if that is not practicable, a statement of the reasons for the failure to provide the

licence.

     (4)    A person commits an offence if he fails, without reasonable excuse, to comply

with this section.

     (5)    A person guilty of an offence under subsection (4) is liable on summary

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

General provision

 131   Form etc. of applications and notices under Part 6

     (1)    In relation to any application under section 115 or notice under this Part,

regulations may prescribe—

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           (a)           its form,

           (b)           the manner in which it is to be made or given, and

           (c)           the information and documents that must accompany it.

     (2)    Regulations may also—

           (a)           require applications under section 115 or 124 or notices under section

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125 to be accompanied by a fee, and

           (b)           prescribe the amount of the fee.

 132   Licensing authority’s duty to update licence document

     (1)    Where—

           (a)           the relevant licensing authority makes a determination under section

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119 or 122(4),

           (b)           it receives a notice under section 121(1), 125, 129 or 130, or

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    73

 

           (c)           an appeal against a decision under this Part is disposed of,

            in relation to a personal licence, the authority must make the appropriate

amendments (if any) to the licence.

     (2)    Where, under section 129, notice is given of the making of an order under

section 127, the relevant licensing authority must make an endorsement on the

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licence stating the terms of the order.

     (3)    Where, under section 129, notice is given of the quashing of such an order, any

endorsement previously made under subsection (2) in respect of it must be

cancelled.

     (4)    Where a licensing authority is not in possession of a personal licence, it may,

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for the purposes of discharging its obligations under this section, require the

holder of the licence to produce it to the authority within 14 days beginning

with the day on which he is notified of the requirement.

     (5)    A person commits an offence if he fails, without reasonable excuse, to comply

with a requirement under subsection (4).

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     (6)    A person guilty of an offence under subsection (5) is liable on summary

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

Production of licence

 133   Licence holder’s duty to produce licence

     (1)    This section applies where the holder of a personal licence is on premises to

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make or authorise the supply of alcohol, and such supplies—

           (a)           are authorised by a premises licence in respect of those premises, or

           (b)           are a permitted temporary activity on the premises by virtue of a

temporary event notice given under Part 5 in respect of which he is the

premises user.

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     (2)    Any constable or authorised officer may require the holder of the personal

licence to produce that licence for examination.

     (3)    An authorised officer exercising the power conferred by subsection (2) must, if

so requested, produce evidence of his authority to exercise the power.

     (4)    A person who fails, without reasonable excuse, to comply with a requirement

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under subsection (2) is guilty of an offence.

     (5)    A person guilty of an offence under subsection (4) is liable on summary

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

     (6)    In this section “authorised officer” means an officer of a licensing authority

authorised by the authority for the purposes of this Act.

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Licensing Bill [HL]
Part 7 — Offences

    74

 

Part 7

Offences

Unauthorised licensable activities

 134   Unauthorised licensable activities

     (1)    A person commits an offence if—

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           (a)           he carries on or attempts to carry on a licensable activity on or from any

premises otherwise than under and in accordance with an

authorisation, or

           (b)           he knowingly allows a licensable activity to be so carried on.

     (2)    A person guilty of an offence under this section is liable on summary

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conviction to imprisonment for a term not exceeding six months or to a fine not

exceeding £20,000, or to both.

     (3)    In this Part “authorisation” means—

           (a)           a premises licence,

           (b)           a club premises certificate, or

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           (c)           a temporary event notice in respect of which the conditions of section

96(2) to (4) are satisfied.

 135   Exposing alcohol for unauthorised sale

     (1)    A person commits an offence if, on any premises, he exposes for sale by retail

any alcohol in circumstances where the sale by retail of that alcohol on those

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premises would be an unauthorised licensable activity.

     (2)    For that purpose a licensable activity is unauthorised unless it is under and in

accordance with an authorisation.

     (3)    A person guilty of an offence under this section is liable on summary

conviction to imprisonment for a term not exceeding six months or to a fine not

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exceeding £20,000, or to both.

     (4)    The court by which a person is convicted of an offence under this section may

order the alcohol in question, and any container for it, to be forfeited and either

destroyed or dealt with in such other manner as the court may order.

 136   Keeping alcohol on premises for unauthorised sale

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     (1)    A person commits an offence if he has in his possession or under his control

alcohol which he intends to sell by retail or supply in circumstances where that

activity would be an unauthorised licensable activity.

     (2)    For that purpose a licensable activity is unauthorised unless it is under and in

accordance with an authorisation.

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     (3)    In subsection (1) the reference to the supply of alcohol is a reference to the

supply of alcohol by or on behalf of a club to, or to the order of, a member of

the club.

     (4)    A person guilty of an offence under this section is liable on summary

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

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Licensing Bill [HL]
Part 7 — Offences

    75

 

     (5)    The court by which a person is convicted of an offence under this section may

order the alcohol in question, and any container for it, to be forfeited and either

destroyed or dealt with in such other manner as the court may order.

 137   Defence of due diligence

     (1)    In proceedings against a person for an offence to which subsection (2) applies,

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it is a defence that—

           (a)           his act was due to a mistake, or to reliance on information given to him,

or to an act or omission by another person, or to some other cause

beyond his control, and

           (b)           he took all reasonable precautions and exercised all due diligence to

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avoid committing the offence.

     (2)    This section applies to an offence under—

           (a)           section 134(1)(a) (carrying on unauthorised licensable activity),

           (b)           section 135 (exposing alcohol for unauthorised sale), or

           (c)           section 136 (keeping alcohol on premises for unauthorised sale).

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Drunkenness and disorderly conduct

 138   Allowing disorderly conduct on licensed premises etc.

     (1)    A person to whom subsection (2) applies commits an offence if he knowingly

allows disorderly conduct on relevant premises.

     (2)    This subsection applies—

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           (a)           to any person who works at the premises in a capacity, whether paid or

unpaid, which authorises him to prevent the conduct,

           (b)           in the case of licensed premises, to—

                  (i)                 the holder of a premises licence in respect of the premises, and

                  (ii)                the designated premises supervisor (if any) under such a

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licence,

           (c)           in the case of premises in respect of which a club premises certificate

has effect, to any member or officer of the club which holds the

certificate who at the time the conduct takes place is present on the

premises in a capacity which enables him to prevent it, and

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           (d)           in the case of premises which may be used for a permitted temporary

activity by virtue of Part 5, to the premises user in relation to the

temporary event notice in question.

     (3)    A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

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 139   Sale of alcohol to a person who is drunk

     (1)    A person to whom subsection (2) applies commits an offence if, on relevant

premises, he knowingly—

           (a)           sells or attempts to sell alcohol to a person who is drunk, or

           (b)           allows alcohol to be sold to such a person.

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     (2)    This subsection applies—

 

 

 
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