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Licensing Bill [HL]


Licensing Bill [HL]
Part 7 — Offences

    83

 

                  (ii)                any individual aged 18 or over who is authorised for the

purposes of this section by the premises user.

 151   Enforcement role for weights and measures authorities

     (1)    It is the duty of every local weights and measures authority in England and

Wales to enforce within its area the provisions of sections 143 and 144, so far as

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they apply to sales of alcohol made on or from premises to which the public

have access.

     (2)    A weights and measures inspector may make, or authorise any person to make

on his behalf, such purchases of goods as appear expedient for the purpose of

determining whether those provisions are being complied with.

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Confiscation of alcohol

 152   Confiscation of sealed containers of alcohol

     (1)    In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

(right to require surrender of alcohol)—

           (a)           in subsection (1), omit the words “(other than a sealed container)”,

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           (b)           after that subsection insert—

                  “(1A)                    But a constable may not under subsection (1) require a person

to surrender any sealed container unless the constable

reasonably believes that the person is, or has been, consuming,

or intends to consume, alcohol in any relevant place.”, and

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           (c)           in subsection (6), after “subsection (1)” insert “and (1A)”.

     (2)    In section 12(2)(b) of the Criminal Justice and Police Act 2001 (c. 16) (right to

require surrender of alcohol), omit the words “(other than a sealed container)”.

Vehicles and trains

 153   Prohibition on sale of alcohol on moving vehicles

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     (1)    A person commits an offence under this section if he sells by retail alcohol on

or from a vehicle at a time when the vehicle is not permanently or temporarily

parked.

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

conviction to imprisonment for a term not exceeding three months or to a fine

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not exceeding £20,000, or to both.

     (3)    In proceedings against a person for an offence under this section, it is a defence

that—

           (a)           his act was due to a mistake, or to reliance on information given to him,

or to an act or omission by another person, or to some other cause

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beyond his control, and

           (b)           he took all reasonable precautions and exercised all due diligence to

avoid committing the offence.

 

 

Licensing Bill [HL]
Part 7 — Offences

    84

 

 154   Power to prohibit sale of alcohol on trains

     (1)    A magistrates’ court acting for a petty sessions area may make an order

prohibiting the sale of alcohol, during such period as may be specified, on any

railway vehicle—

           (a)           at such station or stations as may be specified, being stations in that

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area, or

           (b)           travelling between such stations as may be specified, at least one of

which is in that area.

     (2)    A magistrates’ court may make an order under this section only on the

application of a senior police officer.

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     (3)    A magistrates’ court may not make not make such an order unless it is satisfied

that the order is necessary to prevent disorder.

     (4)    Where an order is made under this section, the responsible senior police officer

must, forthwith, serve a copy of the order on the train operator (or each train

operator) affected by the order.

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     (5)    A person commits an offence if he knowingly—

           (a)           sells or attempts to sell alcohol in contravention of an order under this

section, or

           (b)           allows the sale of alcohol in contravention of such an order.

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

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conviction to imprisonment for a term not exceeding three months or to a fine

not exceeding £20,000, or to both.

     (7)    In this section—

                    “railway vehicle” has the meaning given by section 83 of the Railways Act

1993 (c. 43);

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                    “responsible senior police officer”, in relation to an order under this

section, means the senior police officer who applied for the order or, if

the chief officer of police of the force in question has designated another

senior police officer for the purpose, that other officer;

                    “senior police officer” means a police officer of, or above, the rank of

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inspector;

                    “specified” means specified in the order under this section;

                    “station” has the meaning given by section 83 of the Railways Act 1993;

and

                    “train operator” means a person authorised by a licence under section 8 of

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that Act to operate railway assets (within the meaning of section 6 of

that Act).

False statement relating to licensing etc.

 155   False statements made for the purposes of this Act

     (1)    A person commits an offence if he knowingly or recklessly makes a false

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statement in or in connection with—

           (a)           an application for the grant, variation, transfer or review of a premises

licence or club premises certificate,

           (b)           an application for a provisional statement,

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

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           (c)           a temporary event notice, an interim authority notice or any other

notice under this Act, or

           (d)           an application for the grant or renewal of a personal licence.

     (2)    For the purposes of subsection (1) a person is to be treated as making a false

statement if he produces, furnishes, signs or otherwise makes use of a

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document that contains a false statement.

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

conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

 156   Interpretation of Part 7

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In this Part—

                      “authorisation” has the meaning given in section 134(3);

                      “relevant premises” means—

                  (a)                 licensed premises, or

                  (b)                 premises in respect of which there is in force a club premises

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certificate, or

                  (c)                 premises which may be used for a permitted temporary activity

by virtue of Part 5;

                      “table meal” means a meal eaten by a person seated at a table, or at a

counter or other structure which serves the purpose of a table and is not

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used for the service of refreshments for consumption by persons not

seated at a table or structure serving the purpose of a table; and

                      “weights and measures inspector” means an inspector of weights and

measures appointed under section 72(1) of the Weights and Measures

Act 1985 (c. 72).

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Part 8

Closure of premises

Closure of premises in an identified area

 157   Orders to close premises in area experiencing disorder

     (1)    Where there is or is expected to be disorder in any petty sessions area, a

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magistrates’ court acting for the area may make an order requiring all

premises—

           (a)           which are situated at or near the place of the disorder or expected

disorder, and

           (b)           in respect of which a premises licence or a temporary event notice has

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effect,

            to be closed for a period, not exceeding 24 hours, specified in the order.

     (2)    A magistrates’ court may make an order under this section only on the

application of a police officer who is of the rank of superintendent or above.

     (3)    A magistrates’ court may not make such an order unless it is satisfied that it is

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necessary to prevent disorder.

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

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     (4)    Where an order is made under this section, a person to whom subsection (5)

applies commits an offence if he knowingly keeps any premises to which the

order relates open, or allows any such premises to be kept open, during the

period of the order.

     (5)    This subsection applies—

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           (a)           to any manager of the premises,

           (b)           in the case of licensed premises, to—

                  (i)                 the holder of a premises licence in respect of the premises, and

                  (ii)                the designated premises supervisor (if any) under such a

licence, and

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           (c)           in the case of premises in respect of which a temporary event notice has

effect, to the premises user in relation to that notice.

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

conviction to a fine not exceeding level 3 on the standard scale.

     (7)    A constable may use such force as may be necessary for the purpose of closing

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premises ordered to be closed under this section.

Closure of identified premises

 158   Closure orders for identified premises

     (1)    A senior police officer may make a closure order in relation to any relevant

premises if he reasonably believes that—

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           (a)           there is, or is likely imminently to be, disorder on, or in the vicinity of

and related to, the premises and their closure is necessary in the

interests of public safety, or

           (b)           a public nuisance is being caused by noise coming from the premises

and the closure of the premises is necessary to prevent that nuisance.

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     (2)    A closure order is an order under this section requiring relevant premises to be

closed for a period not exceeding 24 hours beginning with the coming into

force of the order.

     (3)    In determining whether to make a closure order in respect of any premises, the

senior police officer must have regard, in particular, to the conduct of each

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appropriate person in relation to the disorder or disturbance.

     (4)    A closure order must—

           (a)           specify the premises to which it relates,

           (b)           specify the period for which the premises are to be closed,

           (c)           specify the grounds on which it is made, and

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           (d)           state the effect of sections 159 to 165.

     (5)    A closure order in respect of any relevant premises comes into force at the time

a constable gives notice of it to an appropriate person who is connected with

any of the activities to which the disorder or nuisance relates.

     (6)    A person commits an offence if, without reasonable excuse, he permits relevant

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premises to be open in contravention of a closure order or any extension of it.

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

conviction to imprisonment for a term not exceeding three months or to a fine

not exceeding £20,000, or to both.

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

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     (8)    In this section—

                    “relevant premises” means premises in respect of which one or more of

the following have effect—

                  (a)                 a premises licence,

                  (b)                 a temporary event notice; and

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                    “senior police officer” means a police officer of, or above, the rank of

inspector.

 159   Extension of closure order

     (1)    Where, before the end of the period for which relevant premises are to be

closed under a closure order or any extension of it (“the closure period”), the

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responsible senior police officer reasonably believes that—

           (a)           a relevant magistrates’ court will not have determined whether to

exercise its powers under section 162(2) in respect of the closure order,

and any extension of it, by the end of the closure period, and

           (b)           the conditions for an extension are satisfied,

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            he may extend the closure period for a further period not exceeding 24 hours

beginning with the end of the previous closure period.

     (2)    The conditions for an extension are that—

           (a)           in the case of an order made by virtue of section 158(1)(a), closure is

necessary in the interests of public safety because of disorder or likely

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disorder on, or in the vicinity of and related to, the premises,

           (b)           in the case of an order made by virtue of section 158(1)(b), closure is

necessary to ensure that no public nuisance is, or is likely to be, caused

by noise coming from the premises.

     (3)    An extension in relation to any relevant premises comes into force when a

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constable gives notice of it to an appropriate person connected with any of the

activities to which the disorder or nuisance relates or is expected to relate.

     (4)    But the extension does not come into force unless the notice is given before the

end of the previous closure period.

 160   Cancellation of closure order

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     (1)    The responsible senior police officer may cancel a closure order and any

extension of it at any time—

           (a)           after the making of the order, but

           (b)           before a relevant magistrates’ court has determined whether to exercise

its powers under section 162(2) in respect of the order and any

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extension of it.

     (2)    The responsible senior police officer must cancel a closure order and any

extension of it if he does not reasonably believe that—

           (a)           in the case of an order made by virtue of section 158(1)(a), closure is

necessary in the interests of public safety because of disorder or likely

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disorder on, or in the vicinity of and related to, the premises,

           (b)           in the case of an order made by virtue of section 158(1)(b), closure is

necessary to ensure that no public nuisance is, or is likely to be, caused

by noise coming from the premises.

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

    88

 

     (3)    Where a closure order and any extension of it are cancelled under this section,

the responsible senior police officer must give notice of the cancellation to an

appropriate person connected with any of the activities related to the disorder

(or anticipated disorder) or nuisance in respect of which the closure order was

made.

5

 161   Application to magistrates’ court by police

     (1)    The responsible senior police officer must, as soon as reasonably practicable

after a closure order comes into force in respect of any relevant premises, apply

to a relevant magistrates court for it to consider the order and any extension of

it.

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     (2)    Where an application is made under this section in respect of licensed

premises, the responsible senior officer must also notify the relevant licensing

authority—

           (a)           that a closure order has come into force,

           (b)           of the contents of the order and of any extension of it, and

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           (c)           of the application under subsection (1).

 162   Consideration of closure order by magistrates’ court

     (1)    A relevant magistrates’ court must as soon as reasonably practicable after

receiving an application under section 161(1)—

           (a)           hold a hearing to consider whether it is appropriate to exercise any of

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the court’s powers under subsection (2) in relation to the closure order

or any extension of it, and

           (b)           determine whether to exercise any of those powers.

     (2)    The relevant magistrates’ court may—

           (a)           revoke the closure order and any extension of it;

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           (b)           order the premises to remain or to be closed until such time as the

relevant licensing authority has made a determination in respect of the

order for the purposes of section 164;

           (c)           order the premises to remain or to be closed until that time subject to

such exceptions as may be specified in the order;

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           (d)           order the premises to remain or to be closed until that time unless such

conditions as may be specified in the order are satisfied.

     (3)    In determining whether the premises will be, or will remain, closed the

relevant magistrates’ court must, in particular, consider whether—

           (a)           in the case of an order made by virtue of section 158(1)(a), closure is

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necessary in the interests of public safety because of disorder or likely

disorder on the premises, or in the vicinity of and related to, the

premises;

           (b)           in the case of an order made by virtue of section 158(1)(b), closure is

necessary to ensure that no public nuisance is, or is likely to be, caused

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by noise coming from the premises.

     (4)    In the case of licensed premises, the relevant magistrates’ court must notify the

relevant licensing authority of any determination it makes under subsection

(1)(b).

 

 

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Part 8 — Closure of premises

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     (5)    Subsection (2) does not apply if, before the relevant magistrates’ court

discharges its functions under that subsection, the premises cease to be

relevant premises.

     (6)    Any order made under subsection (2) ceases to have effect if the premises cease

to be relevant premises.

5

     (7)    A person commits an offence if, without reasonable excuse, he permits relevant

premises to be open in contravention of an order under subsection (2)(b), (c) or

(d).

     (8)    A person guilty of an offence under subsection (7) is liable on summary

conviction to imprisonment for a term not exceeding three months or to a fine

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not exceeding £20,000, or to both.

     (9)    The powers conferred on a magistrates’ court by this section are to be exercised

in the place required by the Magistrates’ Courts Act 1980 (c. 43) for the hearing

of a complaint and may be exercised by a single justice.

     (10)   Evidence given for the purposes of proceedings under this section must be

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given on oath.

 163   Appeal from decision of magistrates’ court

     (1)    Any person aggrieved by a decision of a magistrates’ court under section 162

may appeal to the Crown Court against the decision.

     (2)    An appeal under subsection (1) must be commenced by notice of appeal given

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by the appellant to the justices’ chief executive for the magistrates’ court within

the period of 21 days beginning with the day the decision appealed against was

made.

 164   Review of premises licence following closure order

     (1)    This section applies where—

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           (a)           a closure order has come into force in relation to premises in respect of

which a premises licence has effect, and

           (b)           the relevant licensing authority has received a notice under section

162(4) (notice of magistrates’ court’s determination), in relation to the

order and any extension of it.

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     (2)    The relevant licensing authority must review the premises licence.

     (3)    The authority must reach a determination on the review no later than 28 days

after the day on which it receives the notice mentioned in subsection (1)(b).

     (4)    Regulations may—

           (a)           require the relevant licensing authority to give, to the holder of the

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premises licence and each responsible authority, notice of—

                  (i)                 the review,

                  (ii)                the closure order and any extension of it, and

                  (iii)               any order made in relation to it under section 162(2);

           (b)           require the authority to advertise the review and invite representations

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about it to be made to the authority by responsible authorities and

interested parties;

 

 

 
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