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Licensing Bill [HL]


Licensing Bill [HL]
Part 4 — Clubs

    40

 

                  (i)                 berthed or any waters where it is, or is proposed to be,

navigated at a time when it is used for qualifying club activities,

                  (ii)                the Environment Agency,

                  (iii)               the British Waterways Board, or

                  (iv)                the Secretary of State,

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

     (5)    For the purposes of this section, “statutory function” means a function

conferred by or under any enactment.

 69    Other definitions relating to clubs

In this Part—

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                      “secretary”, in relation to a club, includes any person (whether or not an

officer of the club) performing the duties of a secretary;

                      “supply of alcohol to members or guests” means, in the case of any club,—

                  (a)                 the supply of alcohol by or on behalf of the club to, or to the

order of, a member of the club for consumption on the premises

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where the supply takes place, or

                  (b)                 the sale by retail of alcohol by or on behalf of the club to a guest

of a member of the club for consumption on the premises where

the sale takes place,

                      and related expressions are to be construed accordingly.

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Grant of club premises certificate

 70    Application for club premises certificate

     (1)    A club may apply for a club premises certificate in respect of any premises

which are occupied by, and habitually used for the purposes of, the club.

     (2)    Any application for a club premises certificate must be made to the relevant

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licensing authority.

     (3)    Subsection (2) is subject to regulations under—

           (a)           section 89 (form etc. of applications and notices under this Part);

           (b)           section 90 (fees to accompany applications and notices).

     (4)    An application under this section must also be accompanied by—

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           (a)           a club operating schedule,

           (b)           a plan of the premises to which the application relates, in the prescribed

form, and

           (c)           a copy of the rules of the club.

     (5)    A “club operating schedule” is a document which is in the prescribed form, and

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includes a statement of the following matters—

           (a)           the qualifying club activities to which the application relates (“the

relevant qualifying club activities”),

           (b)           the times during which it is proposed that the relevant qualifying club

activities are to take place,

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           (c)           any other times during which it is proposed that the premises are to be

open to members and their guests,

 

 

Licensing Bill [HL]
Part 4 — Clubs

    41

 

           (d)           the steps which it is proposed to take to promote the licensing

objectives, and

           (e)           such other matters as may be prescribed.

     (6)    Regulations may—

           (a)           require an applicant to advertise the application within the prescribed

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period—

                  (i)                 in the prescribed form, and

                  (ii)                in a manner which is prescribed and is likely to bring the

application to the attention of the interested parties likely to be

affected by it,

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           (b)           require an applicant to give notice of the application to each responsible

authority, and such other persons as may be prescribed within the

prescribed period,

           (c)           prescribe the period during which interested parties and responsible

bodies may make representations to the relevant licensing authority

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about the application.

 71    Determination of application for club premises certificate

     (1)    This section applies where the relevant licensing authority—

           (a)           receives an application for a club premises certificate made in

accordance with section 70, and

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           (b)           is satisfied that the applicant has complied with any requirement

imposed on the applicant under subsection (6) of that section.

     (2)    Subject to subsection (3), the authority must grant the certificate in accordance

with the application subject only to—

           (a)           such conditions as are consistent with the club operating schedule

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accompanying the application, and

           (b)           any condition which must under section 72 be included in the

certificate.

     (3)    Where relevant representations are made, the authority must—

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

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each person who has made such representations agree that a hearing is

unnecessary, and

           (b)           having regard to the representations, take such of the steps mentioned

in subsection (4) (if any) as it considers necessary for the promotion of

the licensing objectives.

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     (4)    The steps are—

           (a)           to grant the certificate subject to—

                  (i)                 the conditions mentioned in subsection (2)(a) modified to such

extent as the authority considers necessary for the promotion of

the licensing objectives, and

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                  (ii)                any condition which must under section 72 be included in the

certificate;

           (b)           to exclude from the scope of the certificate any of the qualifying club

activities to which the application relates;

           (c)           to reject the application.

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Licensing Bill [HL]
Part 4 — Clubs

    42

 

     (5)    For the purposes of subsection (4)(a)(i) the conditions mentioned in subsection

(2)(a) are modified if any of them is altered or omitted or any new condition is

added.

     (6)    For the purposes of this section, “relevant representations” means

representations which—

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           (a)           are about the likely effect of the grant of the certificate on the promotion

of the licensing objectives, and

           (b)           meet the requirements of subsection (7).

     (7)    The requirements are—

           (a)           that the representations were made by an interested party or

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responsible authority within the period prescribed under section

70(6)(c),

           (b)           that they have not been withdrawn, and

           (c)           in the case of representations made by an interested party (who is not

also a responsible authority), that they are not, in the opinion of the

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relevant licensing authority, frivolous or vexatious.

     (8)    Where the authority determines for the purposes of subsection (7)(c) that any

representations are frivolous or vexatious, it must notify the person who made

them of the reasons for its determination.

     (9)    In discharging its duty under subsection (2) or (3)(b) a licensing authority may

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grant a club premises certificate subject to different conditions in respect of—

           (a)           different parts of the premises concerned;

           (b)           different qualifying club activities.

 72    Mandatory conditions: door supervision

     (1)    Where a club premises certificate includes a condition that at specified times

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one or more individuals must be at the premises to carry out a security activity,

the licence must include a condition that each such individual must be licensed

by the Security Industry Authority.

     (2)    But nothing in subsection (1) requires such a condition to be imposed—

           (a)           in respect of premises within paragraph 8(3)(a) of Schedule 2 to the

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Private Security Industry Act 2001 (c. 12) (premises with premises

licences authorising plays or films), or

           (b)           in respect of premises in relation to—

                  (i)                 any occasion mentioned in paragraph 8(3)(b) or (c) of that

Schedule (premises being used exclusively by club with club

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premises certificate, under temporary event notice authorising

films or under a gaming licence), or

                  (ii)                any occasion within paragraph 8(3)(d) of that Schedule

(occasions prescribed by regulations under that Act).

     (3)    For the purposes of this section—

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           (a)           “security activity” means an activity to which paragraph 2(1)(a) of that

Schedule applies, and

           (b)           paragraph 8(5) of that Schedule (interpretation of references to an

occasion) applies as it applies in relation to paragraph 8 of that

Schedule.

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Licensing Bill [HL]
Part 4 — Clubs

    43

 

 73    Prohibited conditions: associate members and their guests

     (1)    Where the rules of a club provide for the sale by retail of alcohol on any

premises by or on behalf of the club to, or to a guest of, an associate member of

the club, no condition may be attached to a club premises certificate in respect

of the sale by retail of alcohol on those premises by or on behalf of the club so

5

as to prevent the sale by retail of alcohol to any such associate member or guest.

     (2)    Where the rules of a club provide for the provision of any regulated

entertainment on any premises by or on behalf of the club to, or to a guest of,

an associate member of the club, no condition may be attached to a club

premises certificate in respect of the provision of any such regulated

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entertainment on those premises by or on behalf of the club so as to prevent its

provision to any such associate member or guest.

 74    Prohibited conditions: plays

     (1)    In relation to a club premises certificate which authorises the performance of

plays, no condition may be attached to the certificate as to the nature of the

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plays which may be performed, or the manner of performing plays, under the

certificate.

     (2)    But subsection (1) does not prevent a licensing authority imposing, in

accordance with section 71(2)(a) or (3)(b), 83(3)(b) or 86(3), any condition which

it considers necessary on the grounds of public safety.

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 75    Grant or rejection of application for club premises certificate

     (1)    Where an application is granted under section 71, the relevant licensing

authority must forthwith—

           (a)           give a notice to that effect to—

                  (i)                 the applicant,

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                  (ii)                any person who made relevant representations in respect of the

application, and

                  (iii)               the chief officer of police for the police area (or each police area)

in which the premises are situated, and

           (b)           issue the club with the club premises certificate and a summary of it.

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     (2)    Where relevant representations were made in respect of the application, the

notice under subsection (1)(a) must specify the authority’s reasons for its

decision as to the steps (if any) to take under section 71(3)(b).

     (3)    Where an application is rejected under section 71, the relevant licensing

authority must forthwith give a notice to that effect, stating its reasons for that

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decision, to—

           (a)           the applicant,

           (b)           any person who made relevant representations in respect of the

application, and

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

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which the premises are situated.

     (4)    In this section “relevant representations” has the meaning given in section

71(6).

 

 

 
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