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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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           (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

1971 (c. 40),

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           (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

or more of its statutory functions in relation to minimising or

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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),

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

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     (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,

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

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           (e)           the Member of the European Parliament, the Member of Parliament

and the local ward councillors for the constituency or ward in which

the premises are situated.

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

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

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situated,

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

           (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,

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

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

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

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whose area part of the premises is situated,

           (f)           in relation to a vessel—

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

navigated at a time when it is used for licensable 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.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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 14    Meaning of “supply of alcohol”

For the purposes of this Part the “supply of alcohol” means—

           (a)           the sale by retail of alcohol, or

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

member of the club.

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 15    Meaning of “designated premises supervisor”

     (1)    In this Act references to the “designated premises supervisor”, in relation to a

premises licence, are to the individual for the time being specified in that

licence as the premises supervisor.

     (2)    Nothing in this Act prevents an individual who holds a premises licence from

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also being specified in the licence as the premises supervisor.

Grant of premises licence

 16    Applicant for premises licence

     (1)    The following persons may apply for a premises licence—

           (a)           a person who carries on, or proposes to carry on, a business which

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involves the use of the premises for the licensable activities to which the

application relates,

           (b)           a person who makes the application pursuant to—

                  (i)                 any statutory function discharged by that person which relates

to those licensable activities, or

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                  (ii)                any function discharged by that person by virtue of Her

Majesty’s prerogative,

           (c)           a recognised club,

           (d)           a charity,

           (e)           the proprietor of an educational institution,

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           (f)           a health service body,

           (g)           a person who is registered under Part 2 of the Care Standards Act 2000

(c. 14) in respect of an independent hospital,

           (h)           a member of the armed forces of the Crown who is in command of a

naval, military or air force establishment,

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           (i)           the chief officer of police of a police force in England and Wales,

           (j)           a person of such other description as may be prescribed.

     (2)    But an individual may not apply for a premises licence unless he is aged 18 or

over.

     (3)    In this section—

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                    “charity” has the same meaning as in section 96(1) of the Charities Act

1993 (c. 10);

                    “educational institution” means—

                  (a)                 a school, or an institution within the further or higher education

sector, within the meaning of section 4 of the Education Act

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1996 (c. 56), or

                  (b)                 a college (including any institution in the nature of a college),

school, hall or other institution of a university, in circumstances

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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                  (b)                 where the university receives financial support under section 65

of the Further and Higher Education Act 1992 (c. 13);

                    “health service body” means—

                  (a)                 an NHS trust established by virtue of section 5 of the National

Health Service and Community Care Act 1990 (c. 19),

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                  (b)                 a Primary Care Trust established by virtue of section 16A of the

National Health Service Act 1977 (c. 49), or

                  (c)                 a Local Health Board established by virtue of section 16BA of

that Act;

                    “independent hospital” has the same meaning as in section 2(2) of the

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Care Standards Act 2000 (c. 14);

                    “proprietor”—

                  (a)                 in relation to a school within the meaning of section 4 of the

Education Act 1996 (c. 56), has the same meaning as in section

579(1) of that Act, and

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                  (b)                 in relation to an educational institution other than such a school,

means the governing body of that institution within the

meaning of section 90(1) of the Further and Higher Education

Act 1992 (c. 13); and

                    “statutory function” means a function conferred by or under any

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enactment.

 17    Application for premises licence

     (1)    An application for a premises licence must be made to the relevant licensing

authority.

     (2)    Subsection (1) is subject to regulations under—

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           (a)           section 53 (form etc. of applications etc.);

           (b)           section 54 (fees to accompany applications etc.).

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

           (a)           by an operating schedule,

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

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prescribed form, and

           (c)           if the licensable activities to which the application relates (“the relevant

licensable activities”) include the supply of alcohol, by a form of

consent in the prescribed form given by the individual whom the

applicant wishes to have specified in the premises licence as the

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premises supervisor.

     (4)    An “operating schedule” is a document which is in the prescribed form and

includes a statement of the following matters—

           (a)           the relevant licensable activities,

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

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activities are to take place,

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

open to the public,

           (d)           where the applicant wishes the licence to have effect for a limited

period, that period,

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           (e)           where the relevant licensable activities include the supply of alcohol,

prescribed information in respect of the individual whom the applicant

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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           (e)           wishes to have specified in the premises licence as the premises

supervisor,

           (f)           where the relevant licensable activities include the supply of alcohol,

whether the supplies are proposed to be for consumption on the

premises or off the premises, or both,

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

objectives,

           (h)           such other matters as may be prescribed.

     (5)    Regulations may—

           (a)           require an applicant to advertise his 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 his 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

authorities may make representations to the relevant licensing

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authority about the application.

 18    Determination of application for premises licence

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

           (a)           receives an application for a premises licence made in accordance with

section 17, and

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

imposed on him under subsection (5) of that section.

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

with the application subject only to—

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

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accompanying the application, and

           (b)           any conditions which must under section 19 or 20 be included in the

licence.

     (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 licence 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 19 or 20 be included in

the licence;

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    12

 

           (b)           to exclude from the scope of the licence any of the licensable activities

to which the application relates;

           (c)           to refuse to specify a person in the licence as the premises supervisor;

           (d)           to reject the application.

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

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(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—

           (a)           are about the likely effect of the grant of the premises licence on the

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promotion of the licensing objectives,

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

           (c)           if they relate to the identity of the person named in the application as

the proposed premises supervisor, meet the requirements of subsection

(9), and

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           (d)           are not excluded representations by virtue of section 31 (restriction on

making representations following issue of provisional statement).

     (7)    The requirements of this subsection are—

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

responsible authority within the period prescribed under section

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17(5)(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

relevant licensing authority, frivolous or vexatious.

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     (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)    The requirements of this subsection are that the representations—

           (a)           were made by a chief officer of police for a police area in which the

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premises are situated, and

           (b)           include a statement that, due to the exceptional circumstances of the

case, he is satisfied that the designation of the person concerned as the

premises supervisor under the premises licence would undermine the

crime prevention objective.

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

grant a licence under this section subject to different conditions in respect of—

           (a)           different parts of the premises concerned;

           (b)           different licensable activities.

 19    Mandatory conditions where licence authorises supply of alcohol

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     (1)    Where a premises licence authorises the supply of alcohol, the licence must

include the following conditions.

     (2)    The first condition is that no supply of alcohol may be made under the

premises licence—

           (a)           at a time when there is no designated premises supervisor in respect of

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the premises licence, or

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    13

 

           (b)           at a time when the designated premises supervisor does not hold a

personal licence or his personal licence is suspended.

     (3)    The second condition is that every supply of alcohol under the premises licence

must be made or authorised by a person who holds a personal licence.

 20    Mandatory condition: door supervision

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     (1)    Where a premises licence includes a condition that at specified times 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—

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

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

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Schedule (premises being used exclusively by club with club

premises certificate, under a temporary event notice

authorising plays or 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).

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     (3)    For the purposes of this section—

           (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

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Schedule.

 21    Prohibited conditions: plays

     (1)    In relation to a premises licence which authorises the performance of plays, no

condition may be attached to the licence as to the nature of the plays which

may be performed, or the manner of performing plays, under the licence.

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

accordance with section 18(2)(a) or (3)(b), 34(3)(b) or 51(3), any condition which

it considers necessary on the grounds of public safety.

 22    Grant or rejection of application

     (1)    Where an application is granted under section 18, the relevant licensing

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authority must forthwith—

           (a)           give a notice to that effect to—

                  (i)                 the applicant,

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

application, and

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

in which the premises are situated, and

           (b)           issue the applicant with the licence and a summary of it.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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

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

as to the steps (if any) to take under section 18(3)(b).

     (3)    Where an application is rejected under section 18, the relevant licensing

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

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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

18(6).

 23    Form of licence and summary

     (1)    A premises licence and the summary of a premises licence must be in the

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prescribed form.

     (2)    Regulations under subsection (1) must, in particular, provide for the licence

to—

           (a)           specify the name and address of the holder;

           (b)           include a plan of the premises to which the licence relates;

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           (c)           if the licence has effect for a limited period, specify that period;

           (d)           specify the licensable activities for which the premises may be used;

           (e)           if the licensable activities include the supply of alcohol, specify the

name and address of the individual (if any) who is the premises

supervisor in respect of the licence;

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           (f)           specify the conditions subject to which the licence has effect.

 24    Theft, loss, etc. of premises licence or summary

     (1)    Where a premises licence or summary is lost, stolen, damaged or destroyed,

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

copy of the licence or summary.

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     (2)    Subsection (1) is subject to regulations under section 54(1) (fee to accompany

applications).

     (3)    Where an application is made in accordance with this section, the relevant

licensing authority must issue the holder of the licence with a copy of the

licence or summary (certified by the authority to be a true copy) if it is satisfied

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that—

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

and

           (b)           where it has been lost or stolen, the holder has reported that loss or theft

to the police.

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     (4)    The copy issued under this section must be a copy of the premises licence or

summary in the form in which it existed immediately before it was lost, stolen,

damaged or destroyed.

 

 

 
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