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Licensing Bill [HL]


Licensing Bill [HL]
Part 8 — Closure of premises

    90

 

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

holder of the premises licence, any responsible authority or any

interested party;

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

paragraph (b) to specify that period.

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     (5)    The relevant licensing authority must—

           (a)           hold a hearing to consider—

                  (i)                 the closure order and any extension of it,

                  (ii)                any order under section 162(2), and

                  (iii)               any relevant representations, and

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           (b)           take such of the steps mentioned in subsection (6) (if any) as it considers

necessary for the promotion of the licensing objectives.

     (6)    Those steps are—

           (a)           to modify the conditions of the premises licence,

           (b)           to exclude a licensable activity from the scope of the licence,

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           (c)           to remove the designated premises supervisor from the licence,

           (d)           to suspend the licence for a period not exceeding three months, or

           (e)           to revoke the licence;

            and for this purpose the conditions of a premises licence are modified if any of

them is altered or omitted or any new condition is added.

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     (7)    Subsection (5)(b) is subject to sections 19 and 20 (requirement to include certain

conditions in premises licences).

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

that the modification or exclusion is to have effect only for a specified period

(not exceeding three months).

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     (9)    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 (10).

     (10)   The requirements are—

           (a)           that the representations are made by the holder of the premises licence,

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a responsible authority or an interested party within the period

prescribed under subsection (4)(c),

           (b)           that they have not been withdrawn, and

           (c)           if they are made by an interested party (who is not also a responsible

authority), that they are not, in the opinion of the relevant licensing

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authority, frivolous or vexatious.

     (11)   Where the relevant licensing authority determines that any representations are

frivolous or vexatious, it must notify the person who made them of the reasons

for that determination.

     (12)   Where a licensing authority determines a review under this section it must

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notify the determination and its reasons for making it to—

           (a)           the holder of the licence,

           (b)           any person who made relevant representations, and

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

which the premises are situated.

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     (13)   Section 165 makes provision about when the determination takes effect.

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

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     (14)   In this section “interested party” and “responsible authority” have the same

meaning as in Part 3.

 165   Provision about decisions under section 164

     (1)    Subject to this section, a decision under section 164 does not have effect until

the relevant time.

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     (2)    In this section “the relevant time”, in relation to any decision, means—

           (a)           the end of the period given for appealing against the decision, or

           (b)           if the decision is appealed against, the time the appeal is disposed of.

     (3)    Subsections (4) and (5) apply where—

           (a)           the relevant licensing authority decides on a review under section 164

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to take one or more of the steps mentioned in subsection (6)(a) to (d) of

that section, and

           (b)           the premises to which the licence relates have been closed, by virtue of

an order under section 162(2)(b), (c) or (d), until that decision was

made.

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     (4)    The decision by the relevant licensing authority to take any of the steps

mentioned in section 164(6)(a) to (d) takes effect when it is notified to the

holder of the licence under section 164(12).

            This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of

magistrates’ court to suspend decision pending appeal).

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     (5)    The relevant licensing authority may, on such terms as it thinks fit, suspend the

operation of that decision (in whole or in part) until the relevant time.

     (6)    Subsection (7) applies where—

           (a)           the relevant licensing authority decides on a review under section 164

to revoke the premises licence, and

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           (b)           the premises to which the licence relates have been closed, by virtue of

an order under section 162(2)(b), (c) or (d), until that decision was

made.

     (7)    The premises must remain closed (but the licence otherwise in force) until the

relevant time.

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            This is subject to paragraph 18(4) of Schedule 5 (power of magistrates’ court to

modify closure order pending appeal).

     (8)    A person commits an offence if, without reasonable excuse, he allows premises

to be open in contravention of subsection (7).

     (9)    A person guilty of an offence under subsection (8) is liable on summary

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

not exceeding £20,000, or to both.

 166   Enforcement of closure order

A constable may use such force as may be necessary for the purposes of closing

premises in compliance with a closure order.

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Part 8 — Closure of premises

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 167   Exemption of police from liability for damages

     (1)    A constable is not liable for relevant damages in respect of any act or omission

of his in the performance or purported performance of his functions in relation

to a closure order or any extension of it.

     (2)    A chief officer of police is not liable for relevant damages in respect of any act

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or omission of a constable under his direction or control in the performance or

purported performance of a function of the constable’s in relation to a closure

order or any extension of it.

     (3)    But neither subsection (1) nor (2) applies—

           (a)           if the act or omission is shown to have been in bad faith, or

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           (b)           so as to prevent an award of damages in respect of an act or omission

on the grounds that the act or omission was unlawful as a result of

section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act

or omission with Convention rights).

     (4)    This section does not affect any other exemption from liability for damages

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(whether at common law or otherwise).

     (5)    In this section, “relevant damages” means damages awarded in proceedings

for judicial review, the tort of negligence or misfeasance in public office.

Interpretation

 168   Interpretation of Part 8

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     (1)    This section has effect for the purposes of this Part.

     (2)    Relevant premises are open if a person who is not within subsection (4) enters

the premises and—

           (a)           he buys or is otherwise supplied with food, drink or anything usually

sold on the premises, or

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           (b)           while he is on the premises, they are used for the provision of regulated

entertainment.

     (3)    But in determining whether relevant premises are open the following are to be

disregarded—

           (a)           where no premises licence has effect in respect of the premises, any use

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of the premises for activities (other than licensable activities) which do

not take place during an event period specified in a temporary event

notice having effect in respect of the premises,

           (b)           any use of the premises for a qualifying club activity under and in

accordance with a club premises certificate, and

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           (c)           any supply exempted under paragraph 3 of Schedule 2 (certain

supplies of hot food and drink by clubs, hotels etc. not a licensable

activity) in circumstances where a person will neither be admitted to

the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of

that paragraph, except by virtue of being a member of a recognised club

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or a guest of such a member.

     (4)    A person is within this subsection if he is—

           (a)           an appropriate person in relation to the premises,

           (b)           a person who usually lives at the premises, or

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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           (c)           a member of the family of a person within paragraph (a) or (b).

     (5)    The following expressions have the meanings given—

                    “appropriate person”, in relation to any relevant premises, means—

                  (a)                 any person who holds a premises licence in respect of the

premises,

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                  (b)                 any designated premises supervisor under such a licence,

                  (c)                 the premises user in relation to any temporary event notice

which has effect in respect of the premises, or

                  (d)                 a manager of the premises;

                    “closure order” has the meaning given in section 158(2);

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                    “extension”, in relation to a closure order, means an extension of the order

under section 159;

                    “manager”, in relation to any premises, means a person who works at the

premises in a capacity, whether paid or unpaid, which authorises him

to close them;

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

which a premises licence has effect, has the same meaning as in Part 3;

                    “relevant magistrates’ court”, in relation to any relevant premises, means

a magistrates’ court acting for the petty sessions area in which the

premises are situated;

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                    “relevant premises” has the meaning given in section 158(8);

                    “responsible senior police officer”, in relation to a closure order, means—

                  (a)                 the senior police officer who made the order, or

                  (b)                 if another senior police officer is designated for the purpose by

the chief officer of police for the police area in which the

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premises are situated, that other officer;

                    “senior police officer” has the meaning given in section 158(8).

     (6)    A temporary event notice has effect from the time it is given in accordance with

Part 5 until—

           (a)           the time it is withdrawn,

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           (b)           the time a counter notice is given under that Part, or

           (c)           the expiry of the event period specified in the temporary event notice,

            whichever first occurs.

Part 9

Miscellaneous and supplementary

35

Special occasions

 169   Relaxation of opening hours for special occasions

     (1)    Where the Secretary of State considers that a period (“the celebration period”)

marks an occasion of exceptional international, national, or local significance,

he may make a licensing hours order.

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     (2)    A licensing hours order is an order which provides that during the specified

relaxation period premises licences have effect (to the extent that it is not

already the case) as if specified times were included in the opening hours.

     (3)    An order under this section may—

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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           (a)           make provision generally or only in relation to premises in one or more

specified areas;

           (b)           make different provision in respect of different days during the

specified relaxation period;

           (c)           make different provision in respect of different licensable activities.

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     (4)    In this section—

                    “opening hours”, in relation to a premises licence, means the times during

which the premises may be used for licensable activities in accordance

with the licence;

                    “relaxation period” means—

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                  (a)                 if the celebration period does not exceed four days, that period,

or

                  (b)                 any part of that period not exceeding four days; and

                    “specified”, in relation to a licensing hours order, means specified in the

order.

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Exemptions etc.

 170   Activities in certain locations not licensable

     (1)    An activity is not a licensable activity if it is carried on—

           (a)           aboard an aircraft, hovercraft or railway vehicle engaged on a journey,

           (b)           aboard a vessel engaged on an international journey,

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           (c)           at an approved wharf at a designated port or hoverport,

           (d)           at an examination station at a designated airport,

           (e)           at a royal palace,

           (f)           at premises in respect of which a certificate issued under section 171

(exemption for national security) has effect, or

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           (g)           at such other place as may be prescribed.

     (2)    For the purposes of subsection (1) the period during which an aircraft,

hovercraft, railway vehicle or vessel is engaged on a journey includes—

           (a)           any period ending with its departure when preparations are being

made for the journey, and

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           (b)           any period after its arrival at its destination when it continues to be

occupied by those (or any of those) who made the journey (or any part

of it).

     (3)    The Secretary of State may by order designate a port, hoverport or airport for

the purposes of subsection (1), if it appears to him to be one at which there is a

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substantial amount of international passenger traffic.

     (4)    Any port, airport or hoverport where section 86A or 87 of the Licensing Act

1964 (c. 26) is in operation immediately before the commencement of this

section is, on and after that commencement, to be treated for the purposes of

subsection (1) as if it were designated.

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     (5)    But provision may by order be made for subsection (4) to cease to have effect

in relation to any port, airport or hoverport.

     (6)    For the purposes of this section—

                    “approved wharf” has the meaning given by section 20A of the Customs

and Excise Management Act 1979 (c. 2);

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Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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                    “designated” means designated by an order under subsection (3);

                    “examination station” has the meaning given by section 22A of that Act;

                    “international journey” means—

                  (a)                 a journey from a place in the United Kingdom to an immediate

destination outside the United Kingdom, or

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                  (b)                 a journey from a place outside the United Kingdom to an

immediate destination in the United Kingdom; and

                    “railway vehicle” has the meaning given by section 83 of the Railways Act

1993 (c. 43).

 171   Certifying of premises on grounds of national security

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     (1)    A Minister of the Crown may issue a certificate under this section in respect of

any premises, if he considers that it is appropriate to do so for the purposes of

safeguarding national security.

     (2)    A certificate under this section may identify the premises in question by means

of a general description.

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     (3)    A document purporting to be a certificate under this section is to be received

in evidence and treated as being a certificate under this section unless the

contrary is proved.

     (4)    A document which purports to be certified by or on behalf of a Minister of the

Crown as a true copy of a certificate given by a Minister of the Crown under

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this section is evidence of that certificate.

     (5)    A Minister of the Crown may cancel a certificate issued by him, or any other

Minister of the Crown, under this section.

     (6)    The powers conferred by this section on a Minister of the Crown may be

exercised only by a Minister who is a member of the Cabinet or by the Attorney

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General.

     (7)    In this section “Minister of the Crown” has the meaning given by the Ministers

of the Crown Act 1975 (c. 26).

 172   Exemption for raffle, tombola, etc.

     (1)    The conduct of a lottery which, but for this subsection, would to any extent

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constitute a licensable activity by reason of one or more of the prizes in the

lottery consisting of alcohol, is not (for that reason alone) to be treated as

constituting a licensable activity if—

           (a)           the lottery is promoted as an incident of an exempt entertainment,

           (b)           after the deduction of all relevant expenses, the whole proceeds of the

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entertainment (including those of the lottery) are applied for purposes

other than private gain, and

           (c)           subsection (2) does not apply.

     (2)    This subsection applies if—

           (a)           the alcohol consists of or includes alcohol not in a sealed container,

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           (b)           any prize in the lottery is a money prize, or

           (c)           a ticket or chance in the lottery is sold or issued, or the result of the

lottery is declared, other than at the premises where the entertainment

takes place and during the entertainment, or

 

 

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Part 9 — Miscellaneous and supplementary

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           (d)           the opportunity to participate in a lottery or in gaming is the only or

main inducement to attend the entertainment.

     (3)    For the purposes of subsection (1)(b), the following are relevant expenses—

           (a)           the expenses of the entertainment, excluding expenses incurred in

connection with the lottery,

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           (b)           the expenses incurred in printing tickets in the lottery,

           (c)           such reasonable and proper expenses as the promoters of the lottery

appropriate on account of any expenses they incur in buying prizes in

the lottery.

     (4)    In this section—

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                    “exempt entertainment” has the same meaning as in section 3(1) of the

Lotteries and Amusements Act 1976 (c. 32);

                    “gaming” has the meaning given by section 52 of the Gaming Act 1968

(c. 65);

                    “money” and “ticket” have the meaning given by section 23 of the

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Lotteries and Amusements Act 1976; and

                    “private gain”, in relation to the proceeds of an entertainment, is to be

construed in accordance with section 22 of that Act.

Service areas and garages etc.

 173   Prohibition of alcohol sales at service areas, garages etc.

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     (1)    No premises licence, club premises certificate or temporary event notice has

effect to authorise the sale by retail or supply of alcohol on or from excluded

premises.

     (2)    In this section “excluded premises” means—

           (a)           premises situated on land acquired or appropriated by a special road

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authority, and for the time being used, for the provision of facilities to

be used in connection with the use of a special road provided for the use

of traffic of class I (with or without other classes); or

           (b)           premises used primarily as a garage or which form part of premises

which are primarily so used.

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     (3)    The Secretary of State may by order amend the definition of excluded premises

in subsection (2) so as to include or exclude premises of such description as

may be specified in the order.

     (4)    For the purposes of this section—

           (a)           “special road” and “special road authority” have the same meaning as

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in the Highways Act 1980 (c. 66), except that “special road” includes a

trunk road to which (by virtue of paragraph 3 of Schedule 23 to that

Act) the provisions of that Act apply as if the road were a special road,

           (b)           “class I” means class I in Schedule 4 to the Highways Act 1980 as varied

from time to time by an order under section 17 of that Act, but if that

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Schedule is amended by such an order so as to add to it a further class

of traffic, the order may adapt the reference in subsection (2)(a) to traffic

of class I so as to take account of the additional class, and

           (c)           premises are used as a garage if they are used for one or more of the

following—

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                  (i)                 the retailing of petrol,

 

 

 
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