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Licensing Bill [HL]


Licensing Bill [HL]
Part 4 — Clubs

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     (3)    The references in subsection (2) to the required number of members are

references to the minimum number of members required by condition 4 in

section 61(5) (25 at the passing of this Act).

     (4)    Nothing in subsection (2) prevents the giving of a further notice of withdrawal

under this section at any time.

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     (5)    Where a justice of the peace is satisfied, on information on oath, that there are

reasonable grounds for believing—

           (a)           that a club which holds a club premises certificate does not satisfy the

conditions for being a qualifying club in relation to a qualifying club

activity to which the certificate relates, and

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           (b)           that evidence of that fact is to be obtained at the premises to which the

certificate relates,

            he may issue a warrant authorising a constable to enter the premises, if

necessary by force, at any time within one month from the time of the issue of

the warrant, and search them.

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     (6)    A person who enters premises under the authority of a warrant under

subsection (5) may seize and remove any documents relating to the business of

the club in question.

General provision

 89    Form etc. of applications and notices under Part 4

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In relation to any application or notice under this Part, regulations may

prescribe—

           (a)           its form;

           (b)           the manner in which it is to be made or given;

           (c)           information and documents that must accompany it.

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 90    Fees

     (1)    Regulations may—

           (a)           require applications under any provision of this Part (other than section

85) to be accompanied by a fee, and

           (b)           prescribe the amount of the fee.

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     (2)    Regulations may also require the payment of an annual fee to the relevant

licensing authority by or on behalf of a club which holds a club premises

certificate.

     (3)    Regulations under subsection (2) may include provision—

           (a)           imposing liability for the making of the payment on the secretary or

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such other officers or members of the club as may be prescribed,

           (b)           prescribing the amount of any such fee, and

           (c)           prescribing the time at which any such fee is due.

     (4)    Any fee which is owed to a licensing authority under subsection (2) may be

recovered as a debt due to the authority from any person liable to make the

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payment by virtue of subsection (3)(a).

 

 

Licensing Bill [HL]
Part 4 — Clubs

    52

 

Production of certificate, rights of entry, etc.

 91    Licensing authority’s duty to update club premises certificate

     (1)    Where—

           (a)           the relevant licensing authority, in relation to a club premises

certificate, makes a determination or receives a notice under this Part,

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or

           (b)           an appeal against a decision under this Part is disposed of,

            the relevant licensing authority must make the appropriate amendments (if

any) to the certificate and, if necessary, issue a new summary of the certificate.

     (2)    Where a licensing authority is not in possession of the club premises certificate,

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it may, for the purpose of discharging its obligations under subsection (1),

require the secretary of the club to produce the certificate to the authority

within 14 days from the date on which the club is notified of the requirement.

     (3)    A person commits an offence if he fails, without reasonable excuse, to comply

with a requirement under subsection (2).

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     (4)    A person guilty of an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

 92    Duty to keep and produce certificate

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

certificate has effect are being used for one or more qualifying club activities

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authorised by the certificate.

     (2)    The secretary of the club must secure that the certificate, or a certified copy of

it, is kept at the premises in the custody or under the control of a person (the

“nominated person”) who—

           (a)           falls within subsection (3),

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           (b)           has been nominated for the purpose by the secretary in writing, and

           (c)           has been identified to the relevant licensing authority in a notice given

by the secretary.

     (3)    The persons who fall within this subsection are—

           (a)           the secretary of the club,

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           (b)           any member of the club,

           (c)           any person who works at the premises for the purposes of the club.

     (4)    The nominated person must secure that—

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

           (b)           a notice specifying the position which he holds at the premises,

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            are prominently displayed at the premises.

     (5)    The secretary commits an offence if he fails, without reasonable excuse, to

comply with subsection (2).

     (6)    The nominated person commits an offence if he fails, without reasonable

excuse, to comply with subsection (4).

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     (7)    A constable or an authorised person may require the nominated person to

produce the club premises certificate (or certified copy) for examination.

 

 

Licensing Bill [HL]
Part 4 — Clubs

    53

 

     (8)    An authorised person exercising the power conferred by subsection (7) must,

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

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

a club premises certificate or certified copy of a club premises certificate in

accordance with a requirement under subsection (7).

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     (10)   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.

     (11)   In subsection (4) the reference to the summary of the certificate is a reference to

the summary issued under section 75 or, where one or more summaries have

subsequently been issued under section 91, the most recent summary to be so

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issued.

     (12)   Section 93 makes provision about certified copies of club premises certificates

and of summaries of club premises certificates for the purposes of this section.

 93    Provision supplementary to section 92

     (1)    Any reference in section 92 to a certified copy of a document is a reference to a

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copy of the 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

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subsection 92(7) 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.

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 94    Inspection of premises before grant of certificate etc.

     (1)    Subsection (2) applies where—

           (a)           a club applies for a club premises certificate in respect of any premises,

           (b)           a club applies under section 82 for the variation of a club premises

certificate held by it, or

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           (c)           an application is made under section 85 for review of a club premises

certificate.

     (2)     On production of his authority—

           (a)           an authorised person, or

           (b)           a constable authorised by the chief officer of police,

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            may enter and inspect the premises.

     (3)    Any entry and inspection under this section must take place at a reasonable

time on a day—

           (a)           which is not more than 14 days after the making of the application in

question, and

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           (b)           which is specified in the notice required by subsection (4).

     (4)    Before an authorised person or constable enters and inspects any premises

under this section, at least 48 hours’ notice must be given to the club.

 

 

Licensing Bill [HL]
Part 5 — Permitted temporary activities

    54

 

     (5)    Any person obstructing an authorised person in the exercise of the power

conferred by this section commits an offence.

     (6)    A person guilty of an offence under subsection (5) is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

     (7)    The relevant licensing authority may, on the application of a responsible

5

authority, extend by not more than 7 days the time allowed for carrying out an

entry and inspection under this section.

     (8)    The relevant licensing authority may allow such an extension of time only if it

appears to the authority that—

           (a)           reasonable steps had been taken for an authorised person or constable

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authorised by the applicant to inspect the premises in good time, but

           (b)           it was not possible for the inspection to take place within the time

allowed.

 95    Other powers of entry and search

     (1)    Where a club premises certificate has effect in respect of any premises, a

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constable may enter and search the premises if he has reasonable cause to

believe—

           (a)           that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs

Act 1971 (c. 38) (supplying or offering to supply, or being concerned in

supplying or making an offer to supply, a controlled drug) has been, is

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being, or is about to be, committed there, or

           (b)           that there is likely to be a breach of the peace there.

     (2)    A constable exercising any power conferred by this section may, if necessary,

use reasonable force.

Part 5

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Permitted temporary activities

Introductory

 96    Meaning of “permitted temporary activity”

     (1)    A licensable activity is a permitted temporary activity by virtue of this Part if—

           (a)           it is carried on in accordance with a notice given in accordance with

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section 98, and

           (b)           the following conditions are satisfied.

     (2)    The first condition is that the requirements of sections 100 (acknowledgement

of notice) and 102(1) (notification of police) are met in relation to the notice.

     (3)    The second condition is that the notice has not been withdrawn under this Part.

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     (4)    The third condition is that no counter notice has been given under this Part in

respect of the notice.

 

 

 
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