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Licensing Bill [HL]


Licensing Bill [HL]
Part 6 — Personal licences

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           (b)           where it has been lost or stolen, the premises user has reported that loss

or theft to the police.

     (5)    The copy issued under this section must be a copy of the notice in the form it

existed immediately before it was lost, stolen, damaged or destroyed.

     (6)    This Act applies in relation to a copy issued under this section as it applies in

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relation to an original notice.

Part 6

Personal licences

Introductory

 109   Personal licence

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     (1)    In this Act “personal licence” means a licence which—

           (a)           is granted by a licensing authority to an individual, and

           (b)           authorises that individual to supply alcohol, or authorise the supply of

alcohol, in accordance with a premises licence.

     (2)    In subsection (1)(b) the reference to an individual supplying alcohol is to him—

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           (a)           selling by retail alcohol, or

           (b)           supplying alcohol by or on behalf of a club to, or to the order of, a

member of the club.

 110   The relevant licensing authority

For the purposes of this Part the “relevant licensing authority”, in relation to a

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personal licence, is the licensing authority which granted the licence.

 111   Meaning of “relevant offence” and “foreign offence”

     (1)    In this Part “relevant offence” means an offence listed in Schedule 4.

     (2)    The Secretary of State may by order amend that list so as to add, modify or omit

any entry.

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     (3)    In this Part “foreign offence” means an offence (other than a relevant offence)

under the law of any place outside England and Wales.

 112   Meaning of “conviction”

     (1)    For the purposes of this Part a conviction for a relevant offence or a foreign

offence must be disregarded if it is spent for the purposes of the Rehabilitation

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of Offenders Act 1974 (c. 53).

     (2)    For the purposes of sections 118, 119, 121, 122 and 123 a conviction for a

relevant offence to which subsection (3) applies must be disregarded if a

custodial sentence of at least 30 months was not imposed in respect of it.

     (3)    The relevant offences to which this subsection applies are—

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           (a)           any sexual offence, within the meaning of section 161(2) of the Powers

of Criminal Courts (Sentencing) Act 2000 (c. 6),

 

 

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Part 6 — Personal licences

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           (b)           any violent offence, within the meaning of section 161(3) of that Act,

           (c)           any relevant offence under the Theft Act 1968 (c. 60) or the Theft Act

1978 (c. 31), and

           (d)           any relevant offence under the Forgery and Counterfeiting Act 1981

(c. 45).

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     (4)    In subsection (2) “custodial sentence” has the same meaning as in section 76 of

the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

 113   Period of validity of personal licence

     (1)    A personal licence—

           (a)           has effect for an initial period of ten years beginning with the date on

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which it is granted, and

           (b)           may be renewed in accordance with this Part for further periods of ten

years at a time.

     (2)    Subsection (1) is subject to subsections (3) and (4) and to—

           (a)           section 114 (surrender),

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           (b)           section 117 (continuation of licence pending renewal), and

           (c)           paragraph 17 of Schedule 5 (continuation of licence pending disposal of

appeal).

     (3)    A personal licence ceases to have effect when it is revoked under section 122 or

forfeited under section 127.

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     (4)    And a personal licence does not have effect during any period when it is

suspended under section 127.

     (5)    Subsections (3) and (4) are subject to any court order under sections 127(4) or

128.

 114   Surrender of personal licence

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     (1)    Where the holder of a personal licence wishes to surrender his licence he may

give the relevant licensing authority a notice to that effect.

     (2)    The notice must be accompanied by the personal licence or, if that is not

practicable, by a statement of the reasons for the failure to provide the licence.

     (3)    Where a notice of surrender is given in accordance with this section, the

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personal licence lapses on receipt of the notice by the authority.

Grant and renewal of licences

 115   Application for grant or renewal of personal licence

     (1)    An individual may apply—

           (a)           for the grant of a personal licence, or

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           (b)           for the renewal of a personal licence held by him.

     (2)    An application for the grant of a personal licence—

           (a)           must, if the applicant is ordinarily resident in the area of a licensing

authority, be made to that authority, and

           (b)           may, in any other case, be made to any licensing authority.

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Part 6 — Personal licences

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     (3)    An application for the renewal of a personal licence must be made to the

relevant licensing authority.

     (4)    Where the application is for renewal of a personal licence, the application must

be accompanied by the personal licence or, if that is not practicable, by a

statement of the reasons for the failure to provide the licence.

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     (5)    Subsection (1) is subject to regulations under section 131 (form etc. of

applications and notices under this Part).

     (6)    An application for renewal may be made only during the period of two months

beginning three months before the time the licence would expire in accordance

with section 113(1) if no application for renewal were made.

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 116   Individual permitted to hold only one personal licence

     (1)    An individual who makes an application for the grant of a personal licence

under section 115 (“the initial application”) may not make another such

application until the initial application has been determined by the licensing

authority to which it was made or has been withdrawn.

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     (2)    A personal licence is void if, at the time it is granted, the individual to whom it

is granted already holds a personal licence.

 117   Licence continued pending renewal

     (1)    Where—

           (a)           an application for renewal is made in accordance with section 115, and

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           (b)           the application has not been determined before the time the licence

would, in the absence of this section, expire,

            then, by virtue of this section, the licence continues to have effect for the period

beginning with that time and ending with the determination or withdrawal of

the application.

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     (2)    Subsection (1) is subject to section 113(3) and (4) (revocation, forfeiture and

suspension) and section 114 (surrender).

 118   Determination of application for grant

     (1)    This section applies where an application for the grant of a personal licence is

made to a licensing authority in accordance with section 115.

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     (2)    The authority must grant the licence if it appears to it that—

           (a)           the applicant is aged 18 or over,

           (b)           he possesses a licensing qualification or is a person of a prescribed

description,

           (c)           no personal licence held by him has been forfeited in the period of five

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years ending with the day the application was made, and

           (d)           he has not been convicted of any relevant offence or any foreign

offence.

     (3)    The authority must reject the application if it appears to it that the applicant

fails to meet the condition in paragraph (a), (b) or (c) of subsection (2).

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     (4)    If it appears to the authority that the applicant meets the conditions in

paragraphs (a), (b) and (c) of that subsection but fails to meet the condition in

 

 

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     (4)    paragraph (d) of that subsection, the authority must give the chief officer of

police for its area a notice to that effect.

     (5)    Where, having regard to—

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

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

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police considers to be comparable to a relevant offence,

            the chief officer of police is satisfied that granting the licence would undermine

the crime prevention objective, he must, within the period of 14 days beginning

with the day he received the notice under subsection (4), give the authority a

notice stating the reasons why he is so satisfied (“an objection notice”).

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     (6)    Where no objection notice is given within that period (or the notice is

withdrawn), the authority must grant the application.

     (7)    In any other case, the authority—

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

applicant, the chief officer of police and the authority agree that it is

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unnecessary, and

           (b)           having regard to the notice, must—

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

promotion of the crime prevention objective to do so, and

                  (ii)                grant the application in any other case.

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     (8)    In this section “licensing qualification” means—

           (a)           a qualification—

                  (i)                 accredited at the time of its award, and

                  (ii)                awarded by a body accredited at that time,

           (b)           a qualification awarded before the coming into force of this section

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which the Secretary of State certifies is to be treated for the purposes of

this section as if it were a qualification within paragraph (a), or

           (c)           a qualification obtained in Scotland or Northern Ireland or in an EEA

State (other than the United Kingdom) which is equivalent to a

qualification within paragraph (a) or (b).

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     (9)    For this purpose—

                    “accredited” means accredited by the Secretary of State; and

                    “EEA State” means a state which is a contracting party to the Agreement

on the European Economic Area signed at Oporto on 2nd May 1992, as

adjusted by the Protocol signed at Brussels on 17th March 1993.

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 119   Determination of application for renewal

     (1)    This section applies where an application for the renewal of a personal licence

is made to the relevant licensing authority in accordance with section 115.

     (2)    If it appears to the authority that the applicant has been convicted of any

relevant offence or foreign offence since the relevant time, the relevant

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licensing authority must give notice to that effect to the chief officer of police

for its area.

     (3)    Where, having regard to—

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

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

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police considers to be comparable to a relevant offence,

 

 

Licensing Bill [HL]
Part 6 — Personal licences

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            the chief officer of police is satisfied that renewing the licence would

undermine the crime prevention objective, he must, within the period of 14

days beginning with the day he received the notice under subsection (2), give

the authority a notice stating the reasons why he is so satisfied (“an objection

notice”).

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     (4)    For the purposes of subsection (3)(a) and (b) it is irrelevant whether the

conviction occurred before or after the relevant time.

     (5)    Where no objection notice is given within that period (or any such notice is

withdrawn), the authority must grant the application.

     (6)    In any other case, the authority—

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           (a)           must hold a hearing to consider the objection notice unless the

applicant, the chief officer of police and the authority agree that it is

unnecessary, and

           (b)           having regard to the notice, must—

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

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promotion of the crime prevention objective to do so, and

                  (ii)                grant the application in any other case.

     (7)    In this section “the relevant time” means—

           (a)           if the personal licence has not been renewed since it was granted, the

time it was granted, and

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           (b)           if it has been renewed, the last time it was renewed.

 120   Notification of determinations

     (1)    Where a licensing authority grants an application—

           (a)           it must give the applicant and the chief officer of police for its area a

notice to that effect, and

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           (b)           if the chief officer of police gave an objection notice (which was not

withdrawn), the notice under paragraph (a) must contain a statement

of the licensing authority’s reasons for granting the application.

     (2)    A licensing authority which rejects an application must give the applicant and

the chief officer of police for its area a notice to that effect containing a

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statement of the authority’s reasons for rejecting the application.

     (3)    In this section—

                    “application” means an application for the grant or renewal of a personal

licence; and

                    “objection notice” has the meaning given in section 118 or 119, as the case

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may be.

 121   Duty to notify licensing authority of convictions during application period

     (1)    Where an applicant for the grant or renewal of a personal licence is convicted

of a relevant offence or a foreign offence during the application period, he must

as soon as reasonably practicable notify the conviction to the authority to

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whom the application is made.

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

with subsection (1).

 

 

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

conviction to a fine not exceeding level 4 on the standard scale.

     (4)    In this section “the application period” means the period that—

           (a)           begins when the application for grant or renewal is made, and

           (b)           ends when the application is determined or withdrawn.

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 122   Convictions coming to light after grant or renewal

     (1)    This section applies where, after a licensing authority has granted or renewed

a personal licence, it becomes aware (whether by virtue of section 121(1), 129

or 130 or otherwise) that the holder of a personal licence (“the offender”) was

convicted during the application period of any relevant offence or foreign

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offence.

     (2)    The licensing authority must give a notice to that effect to the chief officer of

police for its area.

     (3)    Where, having regard to—

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

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

police considers to be comparable to a relevant offence,

            which occurred before the end of the application period, the chief officer of

police is satisfied that continuation of the licence would undermine the crime

prevention objective, he must, within the period of 14 days beginning with the

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day he received the notice under subsection (2), give the authority a notice

stating the reasons why he is so satisfied (“an objection notice”).

     (4)    Where an objection notice is given within that period (and not withdrawn), the

authority—

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

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of the licence, the chief officer of police and the authority agree it is

unnecessary, and

           (b)           having regard to the notice, must revoke the licence if it considers it

necessary for the promotion of the crime prevention objective to do so.

     (5)    Where the authority revokes or decides not to revoke a licence under

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subsection (4) it must notify the offender and the chief officer of police of the

decision and its reasons for making it.

     (6)    A decision under this section does not have effect—

           (a)           until the end of the period given for appealing against the decision, or

           (b)           if the decision is appealed against, until the appeal is disposed of.

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     (7)    In this section “application period”, in relation to the grant or renewal of a

personal licence, means the period that—

           (a)           begins when the application for the grant or renewal is made, and

           (b)           ends at the time of the grant or renewal.

 123   Form of personal licence

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     (1)    Where a licensing authority grants a personal licence, it must forthwith issue

the applicant with the licence.

     (2)    The licence must—

 

 

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Part 6 — Personal licences

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           (a)           specify the holder’s name and address, and

           (b)           identify the licensing authority which granted it.

     (3)    It must also contain a record of each relevant offence and each foreign offence

of which the holder has been convicted, the date of each conviction and the

sentence imposed in respect of it.

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     (4)    Subject to subsections (2) and (3), the licence must be in the prescribed form.

 124   Theft, loss, etc. of personal licence

     (1)    Where a personal licence is lost, stolen, damaged or destroyed, the holder of

the licence may apply to the relevant licensing authority for a copy of the

licence.

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     (2)    Subsection (1) is subject to regulations under section 131(2) (power to prescribe

fee to accompany application).

     (3)    Where the relevant licensing authority receives an application under this

section, it must issue the licence holder with a copy of the licence (certified by

the authority to be a true copy) if it is satisfied that—

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           (a)           the licence has been lost, stolen, damaged or destroyed, and

           (b)           where it has been lost or stolen, the holder of the licence has reported

the loss or theft to the police.

     (4)    The copy issued under this section must be a copy of the licence in the form in

which it existed immediately before it was lost, stolen, damaged or destroyed.

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     (5)    This Act applies in relation to a copy issued under this section as it applies in

relation to an original licence.

Duty to notify certain changes

 125   Duty to notify change of name or address

     (1)    The holder of a personal licence must, as soon as reasonably practicable, notify

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the relevant licensing authority of any change in his name or address as stated

in the personal licence.

     (2)    Subsection (1) is subject to regulations under section 131(2) (power to prescribe

fee to accompany notice).

     (3)    A notice under subsection (1) must also be accompanied by the personal

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licence or, if that is not practicable, by a statement of the reasons for the failure

to provide the licence.

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

with this section.

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

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

 

 

 
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