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Licensing Bill [HL]


Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    104

 

                      “working day” means any day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a day which is a bank holiday under the

Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.

 189   Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the

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provisions indicated—

 

Expression

Interpretation provision

 
 

alcohol

section 186

 
 

associate member

section 66(2)

 
 

authorised person, in Part 3

section 13

 

10

 

authorised person, in Part 4

section 68

 
 

beer

section 188

 
 

cider

section 188

 
 

club premises certificate

section 59

 
 

conviction (in Part 6)

section 112

 

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crime prevention objective

section 188

 
 

designated premises supervisor

section 15

 
 

foreign offence

section 111

 
 

given, in relation to a notice, etc.

section 179

 
 

guest

section 66

 

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interested party, in Part 3

section 13

 
 

interested party, in Part 4

section 68

 
 

interim authority notice

section 46

 
 

late night refreshment

Schedule 2

 
 

licensable activity

section 1(1)

 

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licensed premises

section 188

 
 

licensing authority

section 3(1)

 
 

licensing authority’s area

section 3(2)

 
 

licensing functions

sections 4(1) and 188

 
 

licensing objectives

section 4(2)

 

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order

section 188

 
 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    105

 
 

Expression

Interpretation provision

 
 

permitted temporary activity

section 96

 
 

personal licence

section 109(1)

 
 

premises

section 188

 
 

premises licence

section 11

 

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premises user, in relation to a temporary event

section 98(2)

 
 

notice

  
 

prescribed

section 188

 
 

provisional statement

section 28(3)

 
 

qualifying club

section 60

 

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qualifying club activity

section 1(2)

 
 

recognised club

section 188

 
 

regulated entertainment

Schedule 1

 
 

regulations

section 188

 
 

relevant licensing authority, in Part 3

section 12

 

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relevant licensing authority, in Part 4

section 67

 
 

relevant licensing authority, in Part 5

section 97

 
 

relevant licensing authority, in Part 6

section 110

 
 

relevant offence, in Part 6

section 111

 
 

responsible authority, in Part 3

section 13

 

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responsible authority, in Part 4

section 68

 
 

sale by retail, in relation to alcohol

section 187

 
 

secretary, in Part 4

section 69

 
 

supply of alcohol, in Part 3

section 14

 
 

supply of alcohol to members or guests, in

section 69

 

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relation to a club, in Part 4

  
 

temporary event notice

section 98(1)

 
 

vehicle

section 188

 
 

vessel

section 188

 
 

wine

section 188

 

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working day

section 188

 
 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    106

 

Supplementary and general

 190   Crown application

     (1)    This Act binds the Crown and has effect in relation to land in which there is—

           (a)           an interest belonging to Her Majesty in right of the Crown,

           (b)           an interest belonging to a government department, or

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           (c)           an interest held in trust for Her Majesty for the purposes of such a

department.

     (2)    This Act also applies to—

           (a)           land which is vested in, but not occupied by, Her Majesty in right of the

Duchy of Lancaster, and

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           (b)           land which is vested in, but not occupied by, the possessor for the time

being of the Duchy of Cornwall.

     (3)    No contravention by the Crown of any provision made by or under this Act

makes the Crown criminally liable; but the High Court may declare unlawful

any act or omission of the Crown which constitutes such a contravention.

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     (4)    Provision made by or under this Act applies to persons in the public service of

the Crown as it applies to other persons.

     (5)    But nothing in this Act affects Her Majesty in Her private capacity.

 191   Removal of privileges and exemptions

No privilege or exemption mentioned in section 199(a) or (b) of the Licensing

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Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of

London) operates to exempt any person from the requirements of this Act.

 192   Regulations and orders

     (1)    Any power of the Secretary of State to make regulations or an order under this

Act is exercisable by statutory instrument.

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     (2)    Regulations or an order under this Act—

           (a)           may include incidental, supplementary, consequential or transitional

provision or savings;

           (b)           may make provision generally or only in relation to specified cases;

           (c)           may make different provision for different purposes.

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     (3)    A statutory instrument containing regulations or an order under this Act, other

than one containing—

           (a)           an order under section 5(2) (order appointing start of first period for

which statement of licensing policy to be prepared),

           (b)           an order under section 169 (relaxation of opening hours for special

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occasions),

           (c)           an order under section 173(3) (order amending definition of “excluded

premises” where alcohol sales are prohibited),

           (d)           an order under section 196 (commencement), or

           (e)           an order under paragraph 4 of Schedule 1 (power to amend meaning of

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regulated entertainment),

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    107

 

            is subject to annulment in pursuance of a resolution of either House of

Parliament.

     (4)    A statutory instrument containing an order within subsection (3)(b), (c) or (e)

is not to be made unless a draft of the instrument containing the order has been

laid before and approved by a resolution of each House of Parliament.

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     (5)    If a draft of an order within subsection (3)(b) would, apart from this subsection,

be treated for the purposes of the Standing Orders of either House of

Parliament as a hybrid instrument, it is to proceed in that House as if it were

not such an instrument.

 193   Minor and consequential amendments

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     (1)    Schedule 6 (which makes minor and consequential amendments) has effect.

     (2)    The Secretary of State may, in consequence of any provision of this Act or of

any instrument made under it, by order make such amendments (including

repeals or revocations) as appear to him to be appropriate in—

           (a)           any Act passed, or

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           (b)           any subordinate legislation (within the meaning of the Interpretation

Act 1978 (c. 30)) made,

            before that provision comes into force.

 194   Repeals

The enactments mentioned in Schedule 7 (which include provisions that are

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spent) are repealed to the extent specified.

 195   Transitional provision etc.

Schedule 8 (which makes transitional and transitory provision and savings)

has effect.

 196   Short title, commencement and extent

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     (1)    This Act may be cited as the Licensing Act 2003.

     (2)    The preceding provisions (and the Schedules) come into force in accordance

with provision made by order.

     (3)    Subject to subsections (4) and (5), this Act extends to England and Wales only.

     (4)    Section 152(1) also extends to Northern Ireland.

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     (5)    An amendment or repeal contained in Schedule 6 or 7 has the same extent as

the enactment to which it relates.

 

 

 
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