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Licensing Bill [HL]


Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 2 — Transitional provision: club premises certificates

    161

 

Provisional licences

  12      (1)      Where—

              (a)             during such period as may be specified the relevant licensing

authority receives an application in accordance with Part 3 of this Act

for the grant of a premises licence in respect of any premises (“the

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relevant premises”),

              (b)             under section 6 of the 1964 Act, a provisional grant of a justices’

licence has been made for—

                    (i)                   the relevant premises or a part of them, or

                    (ii)                  premises that are substantially the same as the relevant

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premises or a part of them, and

              (c)             the conditions of sub-paragraph (2) are satisfied,

                   the licensing authority must have regard to the provisional grant of the

justices’ licence when determining the application for the grant of the

premises licence.

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          (2)      The conditions are—

              (a)             that the provisional grant of the justices’ licence has not been

declared final, and

              (b)             that the premises to which the provisional grant relates have been

completed in a manner which substantially complies with the plans

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deposited under the 1964 Act or, as the case may be, with those plans

with modifications consented to under section 6(3) of that Act.

Part 2

Transitional provision: club premises certificates

Introductory

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  13      (1)      In this Part—

               “existing club certificate” means a certificate held by a club under Part

2 of the 1964 Act for any premises;

               “existing qualifying club activities” means the qualifying club

activities authorised by the relevant existing club certificate in

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respect of those premises;

               “first appointed day” means such day as may be specified as the first

appointed day for the purposes of this Part;

               “relevant existing club certificate”, in relation to an application under

paragraph 14, means the existing club certificate to which the

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application relates;

               “relevant licensing authority” has the same meaning as in Part 4 of this

Act (club premises certificates); and

               “second appointed day” means such day as may be specified as the

second appointed day for the purposes of this Part.

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          (2)      In the application of section 67 (relevant licensing authority in Part 4 of this

Act) for the purposes of this Part, the reference in subsection (4) of that

section to an applicant for a club premises certificate is to be read as a

reference to an applicant under paragraph 14 for the grant of a certificate

under paragraph 16.

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Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 2 — Transitional provision: club premises certificates

    162

 

Application for conversion of existing club certificate

  14      (1)      This paragraph applies where, in respect of any premises, a club holds an

existing club certificate on the first appointed day.

          (2)      The club may, within the period of six months beginning with the first

appointed day, apply to the relevant licensing authority for the grant of a

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certificate under paragraph 16 to succeed the existing club certificate so far

as it relates to those premises.

          (3)      An application under this Part must specify the existing qualifying club

activities and such other information as may be specified.

          (4)      The application must also be in the specified form and accompanied by—

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              (a)             the relevant documents, and

              (b)             the specified fee.

          (5)      The relevant documents are—

              (a)             the relevant existing club certificate (or a certified copy of it),

              (b)             a plan in the specified form of the premises to which that certificate

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relates, and

              (c)             such other documents as may be specified.

          (6)      In this paragraph any reference to a certified copy of a document is a

reference to a copy of that document certified to be a true copy—

              (a)             by the chief executive of the licensing justices for the licensing district

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in which the premises are situated,

              (b)             by a solicitor or notary, or

              (c)             by a person of a specified description.

          (7)      A document which purports to be a certified copy of an existing club

certificate is to be taken to be such a copy, and to comply with the

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requirements of sub-paragraph (6), unless the contrary is shown.

Police consultation

  15      (1)      Where a person makes an application under paragraph 14, he must give a

copy of the application (and any documents which accompany it) to the

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

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premises are situated no later than 48 hours after the application is made.

          (2)      Where—

              (a)             an appeal is pending against a decision to revoke, or to reject an

application for the renewal of, the relevant existing club certificate,

and

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              (b)             a chief officer of police who has received a copy of the application

under sub-paragraph (1) is satisfied that converting that existing

club certificate in accordance with this Part would undermine the

crime prevention objective,

                   he must give the relevant licensing authority and the applicant a notice to

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that effect.

          (3)      Where a chief officer of police who has received a copy of the application

under sub-paragraph (1) is satisfied that, because of a material change in

circumstances since the relevant time, converting the relevant existing club

certificate in accordance with this Part would undermine the crime

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Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 2 — Transitional provision: club premises certificates

    163

 

          (3)      prevention objective, he must give the relevant licensing authority and the

applicant a notice to that effect.

          (4)      For this purpose “the relevant time” means the time when the relevant

existing club certificate was granted or, if it has been renewed, the last time

it was renewed.

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          (5)      The chief officer of police may not give a notice under sub-paragraph (2) or

(3) after the end of the period of 28 days beginning with the day on which he

received a copy of the application under sub-paragraph (1).

Determination of application

  16      (1)      This paragraph applies where an application is made in accordance with

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paragraph 14 and the applicant complies with paragraph 15(1).

          (2)      Subject to sub-paragraphs (3) and (5), the licensing authority must grant the

application.

          (3)      Where a notice is given under paragraph 15(2) or (3) (and not withdrawn),

the authority must—

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

the chief officer of police who gave the notice agree that a hearing is

unnecessary, and

              (b)             having regard to the notice, reject the application if it considers it

necessary for the promotion of the crime prevention objective to do

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so.

          (4)      If the relevant licensing authority fails to determine the application within

the period of two months beginning with the day on which it received it,

then, subject to sub-paragraph (5), the application is to be treated as granted

by the authority under this paragraph.

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          (5)      An application must not be granted (and is not to be treated as granted

under sub-paragraph (4)) if the existing club certificate has ceased to have

effect at—

              (a)             the time of the determination of the application, or

              (b)             in a case within sub-paragraph (4), the end of the period mentioned

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in that sub-paragraph.

          (6)      Section 10 applies as if the relevant licensing authority’s functions under

sub-paragraph (3) were included in the list of functions in subsection (4) of

that section (functions which cannot be delegated to an officer of the

licensing authority).

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Notification of determination and issue of new certificate

  17      (1)      Where an application is granted under paragraph 16, the relevant licensing

authority must forthwith—

              (a)             give the applicant a notice to that effect, and

              (b)             issue the applicant with—

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                    (i)                   a certificate in respect of the premises (“the new certificate”)

in accordance with paragraph 18, and

                    (ii)                  a summary of the new certificate.

          (2)      Where an application is rejected under paragraph 16, the relevant licensing

authority must forthwith give the applicant a notice to that effect containing

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Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 2 — Transitional provision: club premises certificates

    164

 

          (2)      a statement of the authority’s reasons for its decision to reject the

application.

          (3)      The relevant licensing authority must give a copy of any notice it gives

under sub-paragraph (1) or (2) to the chief officer of police for the police area

(or each police area) in which the premises to which the notice relates are

5

situated.

The new certificate

  18      (1)      The new certificate is to be treated as if it were a club premises certificate (see

section 59), and sections 72 and 73 (mandatory conditions for club premises

certificates) apply in relation to it accordingly.

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          (2)      The new certificate takes effect on the second appointed day.

          (3)      The new certificate must authorise the premises to be used for the existing

qualifying club activities.

          (4)      Subject to sections 72 and 73, the new certificate must be granted subject to

such conditions as reproduce the effect of the conditions subject to which the

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relevant existing club certificate has effect at the time the application is

granted.

          (5)      The new certificate must also be granted subject to conditions which

reproduce the effect of any restriction imposed on the use of the premises for

the existing qualifying club activities by any enactment specified for the

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purposes of this Part.

          (6)      Nothing in sub-paragraph (4) or (5) requires the new certificate to be granted

for a limited period.

Variation of new certificate

  19      (1)      A person who makes an application under paragraph 14 may

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(notwithstanding that no certificate has yet been granted in consequence of

that application) at the same time apply under section 82 for a variation of

the certificate, and, for the purposes of such an application, the applicant is

to be treated as the holder of that certificate.

          (2)      In relation to an application within sub-paragraph (1), the relevant licensing

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authority may discharge its functions under section 83 only if, and when, the

application under this Part has been granted.

          (3)      Where an application within sub-paragraph (1) is not determined by the

relevant licensing authority within the period of two months beginning with

the day the application was received by the authority, it is to be treated as

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having been rejected by the authority under section 83 at the end of that

period.

Existing club certificate revoked after grant of new certificate

  20       Where the relevant licensing authority grants a new certificate under this

Part, that certificate lapses if and when—

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              (a)             the existing club certificate is revoked before the second appointed

day, or

              (b)             where an appeal against a decision to revoke it is pending

immediately before that day, the appeal is dismissed or abandoned.

 

 

Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 3 — Transitional provision: personal licences

    165

 

Appeals

  21      (1)      Where an application under paragraph 14 is rejected by the relevant

licensing authority, the applicant may appeal against that decision.

          (2)      Where a licensing authority grants such an application, any chief officer of

police who gave a notice under paragraph 15(2) or (3) (that was not

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withdrawn) may appeal against that decision.

          (3)      Section 176 and paragraph 15(1) and (2) of Schedule 5 (general provision

about appeals against decisions under Part 4 of this Act) apply in relation to

appeals under this paragraph as they apply in relation to appeals under Part

2 of that Schedule.

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          (4)      Paragraph 15(3) of that Schedule applies in relation to an appeal under sub-

paragraph (2).

False statements

  22      (1)      A person commits an offence if he knowingly or recklessly makes a false

statement in or in connection with an application under paragraph 14.

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          (2)      For the purposes of sub-paragraph (1) a person is to be treated as making a

false statement if he produces, furnishes, signs or otherwise makes use of a

document that contains a false statement.

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

conviction to a fine not exceeding level 5 on the standard scale.

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Part 3

Transitional provision: personal licences

Introductory

  23      (1)      Paragraphs 24 to 27 apply where—

              (a)             during the transitional period, the holder of a justices’ licence applies

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to the relevant licensing authority for the grant of a personal licence

under section 115,

              (b)             the application is accompanied by the documents mentioned in sub-

paragraph (3), and

              (c)             the applicant gives a copy of the application to the chief officer of

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police for the relevant licensing authority’s area within 48 hours

from the time the application is made.

          (2)      In this paragraph “transitional period” means such period (of not less than

six months) as may be specified for the purposes of this Part.

          (3)      The documents are—

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              (a)             the justices’ licence (or a certified copy of that licence),

              (b)             a photograph of the applicant in the specified form which is

endorsed, by a person of a specified description, with a statement

verifying the likeness of the photograph to the applicant,

              (c)             where the applicant has been convicted of any relevant offence or

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foreign offence on or after the relevant date, a statement giving

details of the offence.

 

 

Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 3 — Transitional provision: personal licences

    166

 

          (4)      In this paragraph any reference to a certified copy of a justices’ licence is to

a copy of that licence certified to be a true copy—

              (a)             by the chief executive of the licensing justices for the licensing district

concerned,

              (b)             by a solicitor or notary, or

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              (c)             by a person of a specified description.

          (5)      A document which purports to be a certified copy of a justices’ licence is to

be taken to be such a copy, unless the contrary is shown.

Section 118 disapplied

  24       Section 118 (determination of application for grant) does not apply in

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relation to the application.

Police objections

  25      (1)      Sub-paragraph (2) applies where—

              (a)             the applicant has been convicted of any relevant offences or foreign

offences on or after the relevant date, and

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              (b)             having regard to—

                    (i)                   any conviction of the applicant for a relevant offence, and

                    (ii)                  any conviction of his for a foreign offence which the chief

officer of police considers to be comparable to a relevant

offence,

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                              whether occurring before or after the relevant date, the chief officer

of police is satisfied that the exceptional circumstances of the case are

such that granting the application would undermine the crime

prevention objective.

          (2)      The chief officer of police must give a notice stating the reasons why he is so

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satisfied (an “objection notice”)—

              (a)             to the relevant licensing authority, and

              (b)             to the applicant.

          (3)      The objection notice must be given no later than 28 days after the day on

which the chief officer of police receives a copy of the application in

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accordance with paragraph 23(1)(c).

          (4)      For the purposes of this paragraph—

              (a)             “relevant offence” and “foreign offence” have the meaning given in

section 111, and

              (b)             section 112 (meaning of “conviction”) applies for the purposes of this

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paragraph as it applies for the purposes of section 118.

Determination of application

  26      (1)      The relevant licensing authority must grant the application if—

              (a)             it is satisfied that the applicant holds a justices’ licence, and

              (b)             no objection notice has been given within the period mentioned in

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paragraph 25(3) or any notice so given has been withdrawn.

          (2)      Where the authority is not satisfied that the applicant holds a justices’

licence, it must reject the application.

 

 

Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 3 — Transitional provision: personal licences

    167

 

          (3)      Where the authority is so satisfied, but sub-paragraph (1)(b) does not apply,

it—

              (a)             must hold a hearing to consider the objection notice, and

              (b)             having regard to the notice, must—

                    (i)                   reject the application if it considers it necessary for the

5

promotion of the crime prevention objective to do so, and

                    (ii)                  grant the application in any other case.

          (4)      If the authority fails to determine the application within the period of three

months beginning with the day on which it receives it, then, the application

is to be treated as granted by the authority under this paragraph.

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          (5)      Section 10 applies as if the relevant licensing authority’s functions under

sub-paragraph (3) were included in the list of functions in subsection (4) of

that section (functions which cannot be delegated to an officer of the

licensing authority).

          (6)      In the application of section 120 (notification of determinations) to a

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determination under this section, the references to an objection notice are to

be read as references to an objection notice within the meaning of paragraph

25(2).

Appeals

  27      (1)      Where a licensing authority rejects an application under paragraph 26, the

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applicant may appeal against that decision.

          (2)      Where a licensing authority grants an application for a personal licence

under paragraph 26(3), the chief officer of police who gave the objection

notice may appeal against that decision.

          (3)      Section 176 and paragraph 17(6) and (7) of Schedule 5 (general provision

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about appeals relating to personal licences) apply in relation to appeals

under this paragraph as they apply in relation to appeals under paragraph

17 of that Schedule.

          (4)      Paragraph 17(8) of that Schedule applies in relation to an appeal under sub-

paragraph (2) above.

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Interpretation of Part 3

  28       For the purposes of this Part—

                    “relevant date”, in relation to the holder of a justices’ licence, means—

                    (a)                   the date when the licence was granted, or

                    (b)                   where it has been renewed, the last date when it was

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renewed, or

                    (c)                   where it has been transferred to the holder and has not been

renewed since the transfer, the date when it was transferred;

and

                    “relevant licensing authority”, in relation to an application for a

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personal licence under section 115, means the authority to which the

application is made in accordance with that section.

 

 

 
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