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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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 56    Duty to keep and produce licence

     (1)    This section applies whenever premises in respect of which a premises licence

has effect are being used for one or more licensable activities authorised by the

licence.

     (2)    The holder of the premises licence must secure that the licence or a certified

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copy of it is kept at the premises in the custody or under the control of—

           (a)           the holder of the licence, or

           (b)           a person who works at the premises and whom the holder of the licence

has nominated in writing for the purposes of this subsection.

     (3)    The holder of the premises licence must secure that—

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           (a)           the summary of the licence or a certified copy of that summary, and

           (b)           a notice specifying the position held at the premises by any person

nominated for the purposes of subsection (2),

            are prominently displayed at the premises.

     (4)    The holder of a premises licence commits an offence if he fails, without

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reasonable excuse, to comply with subsection (2) or (3).

     (5)    A constable or an authorised person may require the person who, by virtue of

arrangements made for the purpose of subsection (2), is required to have the

premises licence (or a certified copy of it) in his custody or under his control to

produce the licence (or such a copy) for examination.

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     (6)    An authorised person exercising the power conferred by subsection (5) must,

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

     (7)    A person commits an offence if he fails, without reasonable excuse, to produce

a premises licence or certified copy of a premises licence in accordance with a

requirement under subsection (5).

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     (8)    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.

     (9)    In subsection (3) the reference to the summary of the licence is a reference to

the summary issued under section 22 or, where one or more summaries have

subsequently been issued under section 55, the most recent summary to have

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been so issued.

     (10)   Section 57 makes provision about certified copies of documents for the

purposes of this section.

 57    Provision supplementary to section 56

     (1)    Any reference in section 56 to a certified copy of any document is a reference

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to a copy of that document which is certified to be a true copy by—

           (a)           the relevant licensing authority,

           (b)           a solicitor or notary, or

           (c)           a person of a prescribed description.

     (2)    Any certified copy produced in accordance with a requirement under section

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56(5) must be a copy of the document in the form in which it exists at the time.

     (3)    A document which purports to be a certified copy of a document is to be taken

to be such a copy and to comply with the requirements of subsection (2) unless

the contrary is shown.

 

 

Licensing Bill [HL]
Part 4 — Clubs

    34

 

 58    Inspection of premises before grant of licence etc.

     (1)    In this section “relevant application” means an application under—

           (a)           section 17 (grant of licence),

           (b)           section 28 (provisional statement),

           (c)           section 33 (variation of licence), or

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           (d)           section 50 (review of licence).

     (2)    A constable or an authorised person may, at any reasonable time before the

determination of a relevant application, enter the premises to which the

application relates to assess—

           (a)           in a case within subsection (1)(a), (b) or (c), the likely effect of the grant

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of the application on the promotion of the licensing objectives, and

           (b)           in a case within subsection (1)(d), the effect of the activities authorised

by the premises licence on the promotion of those objectives.

     (3)    An authorised person exercising the power conferred by this section must, if so

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

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     (4)    A constable or an authorised person exercising the power conferred by this

section in relation to an application within subsection (1)(d) may, if necessary,

use reasonable force.

     (5)    A person commits an offence if he intentionally obstructs an authorised person

exercising a power conferred by this section.

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     (6)    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.

Part 4

Clubs

Introductory

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 59    Club premises certificate

     (1)    In this Act “club premises certificate” means a certificate granted under this

Part—

           (a)           in respect of premises occupied by, and habitually used for the

purposes of, a club,

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           (b)           granted by the relevant licensing authority, and

           (c)           certifying the matters specified in subsection (2).

     (2)    Those matters are—

           (a)           that the premises may be used by the club for one or more qualifying

club activities specified in the certificate, and

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           (b)           that the club is a qualifying club in relation to each of those activities

(see section 60).

 

 

Licensing Bill [HL]
Part 4 — Clubs

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Qualifying clubs

 60    Qualifying clubs

     (1)    This section applies for determining for the purposes of this Part whether a

club is a qualifying club in relation to a qualifying club activity.

     (2)    A club is a qualifying club in relation to the supply of alcohol to members or

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guests if it satisfies both—

           (a)           the general conditions in section 61, and

           (b)           the additional conditions in section 63.

     (3)    A club is a qualifying club in relation to the provision of regulated

entertainment if it satisfies the general conditions in section 61.

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 61    The general conditions

     (1)    The general conditions which a club must satisfy if it is to be a qualifying club

in relation to a qualifying club activity are the following.

     (2)    Condition 1 is that under the rules of the club persons may not—

           (a)           be admitted to membership, or

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           (b)           be admitted, as candidates for membership, to any of the privileges of

membership,

            without an interval of at least two days between their nomination or

application for membership and their admission.

     (3)    Condition 2 is that under the rules of the club persons becoming members

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without prior nomination or application may not be admitted to the privileges

of membership without an interval of at least two days between their becoming

members and their admission.

     (4)    Condition 3 is that the club is established and conducted in good faith as a club

(see section 62).

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     (5)    Condition 4 is that the club has at least 25 members.

     (6)    Condition 5 is that alcohol is not supplied, or intended to be supplied, to

members on the premises otherwise than by or on behalf of the club.

 62    Determining whether a club is established and conducted in good faith

     (1)    In determining for the purposes of condition 3 in subsection (4) of section 61

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whether a club is established and conducted in good faith as a club, the matters

to be taken into account are those specified in subsection (2).

     (2)    Those matters are—

           (a)           any arrangements restricting the club’s freedom of purchase of alcohol;

           (b)           any provision in the rules, or arrangements, under which—

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                  (i)                 money or property of the club, or

                  (ii)                any gain arising from the carrying on of the club,

                         is or may be applied otherwise than for the benefit of the club as a

whole or for charitable, benevolent or political purposes;

           (c)           the arrangements for giving members information about the finances of

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the club;

 

 

Licensing Bill [HL]
Part 4 — Clubs

    36

 

           (d)           the books of account and other records kept to ensure the accuracy of

that information;

           (e)           the nature of the premises occupied by the club.

     (3)    If a licensing authority decides for any purpose of this Act that a club does not

satisfy condition 3 in subsection (4) of section 61, the authority must give the

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club notice of the decision and of the reasons for it.

 63    The additional conditions for the supply of alcohol

     (1)    The additional conditions which a club must satisfy if it is to be a qualifying

club in relation to the supply of alcohol to members or guests are the following.

     (2)    Additional condition 1 is that (so far as not managed by the club in general

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meeting or otherwise by the general body of members) the purchase of alcohol

for the club, and the supply of alcohol by the club, are managed by a committee

whose members—

           (a)           are members of the club;

           (b)           have attained the age of 18 years; and

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           (c)           are elected by the members of the club.

            This subsection is subject to section 64 (which makes special provision for

industrial and provident societies, friendly societies etc.).

     (3)    Additional condition 2 is that no arrangements are, or are intended to be, made

for any person to receive at the expense of the club any commission, percentage

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or similar payment on, or with reference to, purchases of alcohol by the club.

     (4)    Additional condition 3 is that no arrangements are, or are intended to be, made

for any person directly or indirectly to derive any pecuniary benefit from the

supply of alcohol by or on behalf of the club to members or guests, apart

from—

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           (a)           any benefit accruing to the club as a whole, or

           (b)           any benefit which a person derives indirectly by reason of the supply

giving rise or contributing to a general gain from the carrying on of the

club.

 64    Industrial and provident societies, friendly societies etc.

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     (1)    Subsection (2) applies in relation to any club which is—

           (a)           a registered society, within the meaning of the Industrial and Provident

Societies Act 1965 (c. 12) (see section 74(1) of that Act),

           (b)           a registered society, within the meaning of the Friendly Societies Act

1974 (c. 46) (see section 111(1) of that Act), or

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           (c)           a registered friendly society, within the meaning of the Friendly

Societies Act 1992 (c. 40) (see section 116 of that Act).

     (2)    Any such club is to be taken for the purposes of this Act to satisfy additional

condition 1 in subsection (2) of section 63 if and to the extent that—

           (a)           the purchase of alcohol for the club, and

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           (b)           the supply of alcohol by the club,

            are under the control of the members or of a committee appointed by the

members.

     (3)    References in this Act, other than this section, to—

 

 

Licensing Bill [HL]
Part 4 — Clubs

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           (a)           subsection (2) of section 63, or

           (b)           additional condition 1 in that subsection,

            are references to it as read with subsection (1) of this section.

     (4)    Subject to subsection (5), this Act applies in relation to an incorporated friendly

society as it applies in relation to a club, and accordingly—

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           (a)           the premises of the society are to be treated as the premises of a club,

           (b)           the members of the society are to be treated as the members of the club,

and

           (c)           anything done by or on behalf of the society is to be treated as done by

or on behalf of the club.

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     (5)    In determining for the purposes of section 60 whether an incorporated friendly

society is a qualifying club in relation to a qualifying club activity, the society

is to be taken to satisfy the following conditions—

           (a)           condition 3 in subsection (4) of section 61,

           (b)           condition 5 in subsection (6) of that section,

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           (c)           the additional conditions in section 63.

     (6)    In this section “incorporated friendly society” has the same meaning as in the

Friendly Societies Act 1992 (c. 40) (see section 116 of that Act).

 65    Miners’ welfare institutes

     (1)    Subject to subsection (2), this Act applies to a relevant miners’ welfare institute

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as it applies to a club, and accordingly—

           (a)           the premises of the institute are to be treated as the premises of a club,

           (b)           the persons enrolled as members of the institute are to be treated as the

members of the club, and

           (c)           anything done by or on behalf of the trustees or managers in carrying

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on the institute is to be treated as done by or on behalf of the club.

     (2)    In determining for the purposes of section 60 whether a relevant miners’

welfare institute is a qualifying club in relation to a qualifying club activity, the

institute is to be taken to satisfy the following conditions—

           (a)           condition 3 in subsection (4) of section 61,

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           (b)           condition 4 in subsection (5) of that section,

           (c)           condition 5 in subsection (6) of that section,

           (d)           the additional conditions in section 63.

     (3)    For the purposes of this section—

           (a)           “miners’ welfare institute” means an association organised for the

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social well-being and recreation of persons employed in or about coal

mines (or of such persons in particular), and

           (b)           a miners’ welfare institute is “relevant” if it satisfies one of the

following conditions.

     (4)    The first condition is that—

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           (a)           the institute is managed by a committee or board, and

           (b)           at least two thirds of the committee or board consists—

                  (i)                 partly of persons appointed or nominated, or appointed or

elected from among persons nominated, by one or more

licensed operators within the meaning of the Coal Industry Act

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1994 (c. 21), and

 

 

Licensing Bill [HL]
Part 4 — Clubs

    38

 

                  (ii)                partly of persons appointed or nominated, or appointed or

elected from among persons nominated, by one or more

organisations representing persons employed in or about coal

mines.

     (5)    The second condition is that—

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           (a)           the institute is managed by a committee or board, but

           (b)           the making of—

                  (i)                 an appointment or nomination falling within subsection

(4)(b)(i), or

                  (ii)                an appointment or nomination falling within subsection

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(4)(b)(ii),

                         is not practicable or would not be appropriate, and

           (c)           at least two thirds of the committee or board consists—

                  (i)                 partly of persons employed, or formerly employed, in or about

coal mines, and

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                  (ii)                partly of persons appointed by the Coal Industry Social Welfare

Organisation or a body or person to which the functions of that

Organisation have been transferred under section 12(3) of the

Miners’ Welfare Act 1952 (c. 23).

     (6)    The third condition is that the premises of the institute are held on trusts to

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which section 2 of the Recreational Charities Act 1958 (c. 17) applies.

Interpretation

 66    Associate members and their guests

     (1)    Any reference in this Act (other than this section) to a guest of a member of a

club includes a reference to—

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           (a)           an associate member of the club, and

           (b)           a guest of an associate member of the club.

     (2)    For the purposes of this Act a person is an “associate member” of a club if—

           (a)           in accordance with the rules of the club, he is admitted to its premises

as being a member of another club, and

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           (b)           that other club is a recognised club (see section 188(1)).

 67    The relevant licensing authority

     (1)    For the purposes of this Part the “relevant licensing authority” in relation to

any premises is determined in accordance with this section.

     (2)    Subject to subsection (3), the relevant licensing authority is the authority in

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whose area the premises are situated.

     (3)    Where the premises are situated in the areas of two or more licensing

authorities, the relevant licensing authority is—

           (a)           the licensing authority in whose area the greater or greatest part of the

premises is situated, or

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           (b)           if there is no authority to which paragraph (a) applies, such one of those

authorities as is nominated in accordance with subsection (4).

 

 

Licensing Bill [HL]
Part 4 — Clubs

    39

 

     (4)    In a case within subsection (3)(b), an applicant for a club premises certificate

must nominate one of the licensing authorities as the relevant licensing

authority in relation to the application and any certificate granted as a result of

it.

 68    Authorised persons, interested parties and responsible authorities

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     (1)    In this Part in relation to any premises each of the following expressions has

the meaning given to it by this section—

                    “authorised person”,

                    “interested party”,

                    “responsible authority”.

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     (2)    “Authorised person” means any of the following—

           (a)           an officer of a licensing authority in whose area the premises are

situated who is authorised by that authority for the purposes of this

Act,

           (b)           an inspector appointed under section 18 of the Fire Precautions Act

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1971 (c. 40),

           (c)           an inspector appointed under section 19 of the Health and Safety at

Work etc. Act 1974 (c. 37),

           (d)           an officer of a local authority, in whose area the premises are situated,

who is authorised by that authority for the purposes of exercising one

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or more of its statutory functions in relation to minimising or

preventing the risk of pollution of the environment or of harm to

human health,

           (e)           in relation to a vessel, an inspector, or a surveyor of ships, appointed

under section 256 of the Merchant Shipping Act 1995 (c. 21),

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           (f)           a person prescribed for the purposes of this subsection.

     (3)    “Interested party” means any of the following—

           (a)           a person living in the vicinity of the premises,

           (b)           a body representing persons who live in that vicinity,

           (c)           a person involved in a business in that vicinity,

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           (d)           a body representing persons involved in such businesses.

     (4)    “Responsible authority” means any of the following—

           (a)           the chief officer of police for any police area in which the premises are

situated,

           (b)           the fire authority for any area in which the premises are situated,

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           (c)           the enforcing authority within the meaning given by section 18 of the

Health and Safety at Work etc. Act 1974 for any area in which the

premises are situated,

           (d)           the local authority by which statutory functions are exercisable in any

area in which the premises are situated in relation to minimising or

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preventing the risk of pollution of the environment or of harm to

human health,

           (e)           any licensing authority (other than the relevant licensing authority) in

whose area part of the premises is situated,

           (f)           in relation to a vessel—

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                  (i)                 a navigation authority (within the meaning of section 221(1) of

the Water Resources Act 1991 (c. 57)) having functions in

relation to the waters where the vessel is usually moored or

 

 

 
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