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Licensing Bill [HL]


Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    97

 

           (b)           of traffic, the order may adapt the reference in subsection (2)(a) to traffic

of class I so as to take account of the additional class, and

           (c)           premises are used as a garage if they are used for one or more of the

following—

                  (i)                 the retailing of petrol,

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                  (ii)                the retailing of derv,

                  (iii)               the sale of motor vehicles,

                  (iv)                the maintenance of motor vehicles.

Rights of entry

 174   Rights of entry to investigate licensable activities

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     (1)    Where a constable or an authorised person has reason to believe that any

premises are being, or are about to be, used for a licensable activity, he may

enter the premises with a view to seeing whether the activity is being, or is to

be, carried on under and in accordance with an authorisation.

     (2)    An authorised person exercising the power conferred by this section must, if so

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

     (3)    A person exercising the power conferred by this section may, if necessary, use

reasonable force.

     (4)    A person commits an offence if he intentionally obstructs an authorised person

exercising a power conferred by this section.

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     (5)    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.

     (6)    In this section—

                    “authorisation” means—

                  (a)                 a premises licence,

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                  (b)                 a club premises certificate, or

                  (c)                 a temporary event notice in respect of which the conditions of

section 96(2) to (4) are satisfied; and

                    “authorised person” means an authorised person within the meaning of

Part 3 or 4 or an authorised officer within the meaning of section 106(5).

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     (7)    Nothing in this section applies in relation to premises in respect of which there

is a club premises certificate but no other authorisation.

 175   Right of entry to investigate offences

     (1)    A constable may enter and search any premises in respect of which he has

reason to believe that an offence under this Act has been, is being or is about to

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be committed.

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

reasonable force.

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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Appeals

 176   Appeals against decisions of licensing authorities

     (1)    Schedule 5 (which makes provision for appeals against decisions of licensing

authorities) has effect.

     (2)    On an appeal in accordance with that Schedule against a decision of a licensing

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authority, a magistrates’ court may—

           (a)           dismiss the appeal,

           (b)           substitute for the decision appealed against any other decision which

could have been made by the licensing authority, or

           (c)           remit the case to the licensing authority to dispose of it in accordance

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with the direction of the court,

            and may make such order as to costs as it thinks fit.

Guidance, hearings etc.

 177   Guidance

     (1)    The Secretary of State may issue, and from time to time revise, guidance to

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licensing authorities on the discharge of their functions under this Act.

     (2)    The Secretary of State must arrange for any guidance issued or revised under

this section to be published in such manner as he considers appropriate.

 178   Hearings

     (1)    Regulations may prescribe the procedure to be followed in relation to a hearing

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held by a licensing authority under this Act and, in particular, may—

           (a)           require a licensing authority to give notice of hearings to such persons

as may be prescribed;

           (b)           make provision for expedited procedures in urgent cases;

           (c)           make provision about the rules of evidence which are to apply to

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hearings;

           (d)           make provision about the legal representation at hearings of the parties

to it.

     (2)    But a licensing authority may not make any order as to the costs incurred by a

party in connection with a hearing under this Act.

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 179   Giving of notices, etc.

     (1)    This section has effect in relation to any document required or authorised by or

under this Act to be given to any person (“relevant document”).

     (2)    Where that person is a licensing authority, the relevant document must be

given by addressing it to the authority and leaving it at or sending it by post

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to—

           (a)           the principal office of the authority, or

           (b)           any other office of the authority specified by it as one at which it will

accept documents of the same description as that document.

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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     (3)    In any other case the relevant document may be given to the person in question

by delivering it to him, or by leaving it at his proper address, or by sending it

by post to him at that address.

     (4)    A relevant document may—

           (a)           in the case of a body corporate (other than a licensing authority), be

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given to the secretary or clerk of that body;

           (b)           in the case of a partnership, be given to a partner or a person having the

control or management of the partnership business;

           (c)           in the case of an unincorporated association (other than a partnership),

be given to an officer of the association.

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     (5)    For the purposes of this section and section 7 of the Interpretation Act 1978

(c. 30) (service of documents by post) in its application to this section, the

proper address of any person to whom a relevant document is to be given is his

last known address, except that—

           (a)           in the case of a body corporate or its secretary or clerk, it is the address

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of the registered office of that body or its principal office in the United

Kingdom,

           (b)           in the case of a partnership, a partner or a person having control or

management of the partnership business, it is that of the principal office

of the partnership in the United Kingdom, and

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           (c)           in the case of an unincorporated association (other than a partnership)

or any officer of the association, it is that of its principal office in the

United Kingdom.

     (6)    But if a relevant document is given to a person in his capacity as the holder of

a premises licence, club premises certificate or personal licence, or as the

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designated premises supervisor under a premises licence, his relevant

registered address is also to be treated, for the purposes of this section and

section 7 of the Interpretation Act 1978, as his proper address.

     (7)    In subsection (6) “relevant registered address”, in relation to such a person,

means the address given for that person in the record for the licence or

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certificate (as the case may be) which is contained in the register kept under

section 8 by the licensing authority which granted the licence or certificate.

     (8)    The following provisions of the Local Government Act 1972 (c. 70) do not

apply in relation to the service of a relevant document—

           (a)           section 231 (service of notices on local authorities etc.),

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           (b)           section 233 (service of notices by local authorities).

 180   Provision of information

     (1)    This section applies to information which is held by or on behalf of a licensing

authority or a responsible authority (including information obtained by or on

behalf of the authority before the coming into force of this section).

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     (2)    Information to which this section applies may be supplied—

           (a)           to a licensing authority, or

           (b)           to a responsible authority,

            for the purposes of facilitating the exercise of the authority’s functions under

this Act.

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Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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     (3)    Information obtained by virtue of this section must not be further disclosed

except to a licensing authority or responsible authority for the purposes

mentioned in subsection (2).

     (4)    In this section “responsible authority” means a responsible authority within

the meaning of Part 3 or 4.

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General provisions about offences

 181   Proceedings for offences

     (1)    In this section “offence” means an offence under this Act.

     (2)    Proceedings for an offence may be instituted—

           (a)           by a licensing authority,

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           (b)           by the Director of Public Prosecutions, or

           (c)           in the case of an offence under section 143 or 144 (sale of alcohol to

children), by a local weights and measures authority (within the

meaning of section 69 of the Weights and Measures Act 1985 (c. 72)).

     (3)    In relation to any offence, section 127(1) of the Magistrates’ Courts Act 1980

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(information to be laid within six months of offence) is to have effect as if for

the reference to six months there were substituted a reference to 12 months.

 182   Offences by bodies corporate etc.

     (1)    If an offence committed by a body corporate is shown—

           (a)           to have been committed with the consent or connivance of an officer, or

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           (b)           to be attributable to any neglect on his part,

            the officer as well as the body corporate is guilty of the offence and liable to be

proceeded against and punished accordingly.

     (2)    If the affairs of a body corporate are managed by its members, subsection (1)

applies in relation to the acts and defaults of a member in connection with his

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functions of management as if he were a director of the body.

     (3)    In subsection (1) “officer”, in relation to a body corporate, means—

           (a)           a director, member of the committee of management, chief executive,

manager, secretary or other similar officer of the body, or a person

purporting to act in any such capacity, and

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           (b)           an individual who is a controller of the body.

     (4)    If an offence committed by a partnership is shown—

           (a)           to have been committed with the consent or connivance of a partner, or

           (b)           to be attributable to any neglect on his part,

            the partner as well as the partnership is guilty of the offence and liable to be

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proceeded against and punished accordingly.

     (5)    In subsection (4) “partner” includes a person purporting to act as a partner.

     (6)    If an offence committed by an unincorporated association (other than a

partnership) is shown—

           (a)           to have been committed with the consent or connivance of an officer of

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the association or a member of its governing body, or

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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           (b)           to be attributable to any neglect on the part of such an officer or

member,

            that officer or member as well as the association is guilty of the offence and

liable to be proceeded against and punished accordingly.

     (7)    Regulations may provide for the application of any provision of this section,

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with such modifications as the Secretary of State considers appropriate, to a

body corporate or unincorporated association formed or recognised under the

law of a territory outside the United Kingdom.

     (8)    In this section “offence” means an offence under this Act.

 183   Jurisdiction and procedure in respect of offences

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     (1)    A fine imposed on an unincorporated association on its conviction for an

offence is to be paid out of the funds of the association.

     (2)    Proceedings for an offence alleged to have been committed by an

unincorporated association must be brought in the name of the association

(and not in that of any of its members).

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     (3)    Rules of court relating to the service of documents are to have effect as if the

association were a body corporate.

     (4)    In proceedings for an offence brought against an unincorporated association,

section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the

Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as they do in relation to

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a body corporate.

     (5)    Proceedings for an offence may be taken—

           (a)           against a body corporate or unincorporated association at any place at

which it has a place of business;

           (b)           against an individual at any place where he is for the time being.

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     (6)    Subsection (5) does not affect any jurisdiction exercisable apart from this

section.

     (7)    In this section “offence” means an offence under this Act.

Vessels, vehicles and moveable structures

 184   Vessels, vehicles and moveable structures

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     (1)    This Act applies in relation to a vessel which is not permanently moored or

berthed as if it were premises situated in the place where it is usually moored

or berthed.

     (2)    Where a vehicle which is not permanently situated in the same place is, or is

proposed to be, used for one or more licensable activities while parked at a

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particular place, the vehicle is to be treated for the purposes of this Act as if it

were premises situated at that place.

     (3)    Where a moveable structure which is not permanently situated in the same

place is, or is proposed to be, used for one or more licensable activities while

set in a particular place, the structure is to be treated for the purposes of this

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Act as if it were premises situated at that place.

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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     (4)    Where subsection (2) applies in relation to the same vehicle, or subsection (3)

applies in relation to the same structure, in respect of more than one place, the

premises which by virtue of that subsection are situated at each such place are

to be treated as separate premises.

     (5)    Sections 28 to 30 (which make provision in respect of provisional statements

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relating to premises licences) do not apply in relation to a vessel, vehicle or

structure to which this section applies.

Interpretation

 185   Location of sales

     (1)    This section applies where the place where a contract for the sale of alcohol is

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made is different from the place where the alcohol is appropriated to the

contract.

     (2)    For the purposes of this Act the sale of alcohol is to be treated as taking place

where the alcohol is appropriated to the contract.

 186   Meaning of “alcohol”

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     (1)    In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented,

distilled or spirituous liquor, but does not include—

           (a)           alcohol which is of a strength not exceeding 0.5% at the time of the sale

or supply in question,

           (b)           perfume,

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           (c)           flavouring essences recognised by the Commissioners of Customs and

Excise as not being intended for consumption as or with dutiable

alcoholic liquor,

           (d)           the aromatic flavouring essence commonly known as Angostura

bitters,

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           (e)           alcohol which is, or is included in, a medicinal product,

           (f)           denatured alcohol,

           (g)           methyl alcohol,

           (h)           naphtha, or

           (i)           alcohol contained in liqueur confectionery.

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     (2)    In this section—

                    “denatured alcohol” has the same meaning as in section 5 of the Finance

Act 1995 (c. 4);

                    “dutiable alcoholic liquor” has the same meaning as in the Alcoholic

Liquor Duties Act 1979 (c. 4);

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                    “liqueur confectionery” means confectionery which—

                  (a)                 contains alcohol in a proportion not greater than 0.2 litres of

alcohol (of a strength not exceeding 57%) per kilogram of the

confectionery, and

                  (b)                 either consists of separate pieces weighing not more than 42g or

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is designed to be broken into such pieces for the purpose of

consumption;

                    “medicinal product” has the same meaning as in section 130 of the

Medicines Act 1968 (c. 67); and

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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                    “strength” is to be construed in accordance with section 2 of the Alcoholic

Liquor Duties Act 1979 (c. 4).

 187   Meaning of “sale by retail”

     (1)    For the purposes of this Act “sale by retail”, in relation to any alcohol, means a

sale of alcohol to any person, other than a sale of alcohol that—

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           (a)           is within subsection (2),

           (b)           is made from premises owned by the person making the sale, or

occupied by him under a lease to which the provisions of Part 2 of the

Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and

           (c)           if made for consumption off the premises.

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     (2)    A sale of alcohol is within this subsection if it is—

           (a)           to a trader for the purposes of his trade,

           (b)           to a club, which holds a club premises certificate, for the purposes of

that club,

           (c)           to the holder of a personal licence for the purpose of making sales

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authorised by a premises licence,

           (d)           to the holder of a premises licence for the purpose of making sales

authorised by that licence, or

           (e)           to the premises user in relation to a temporary event notice for the

purpose of making sales authorised by that notice.

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 188   Other definitions

In this Act—

                      “beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979;

                      “cider” has the same meaning as in that Act;

                      “crime prevention objective” means the licensing objective mentioned in

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section 4(2)(a) (prevention of crime and disorder);

                      “licensed premises” means premises in respect of which a premises

licence has effect;

                      “licensing functions” is to be construed in accordance with section 4(1);

                      “order”, except so far as the contrary intention appears, means an order

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made by the Secretary of State;

                      “premises” means any place and includes a vehicle, vessel or moveable

structure;

                      “prescribed” means prescribed by regulations;

                      “recognised club” means a club which satisfies conditions 1 to 3 of the

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general conditions in section 61;

                      “regulations” means regulations made by the Secretary of State;

                      “vehicle” means a vehicle intended or adapted for use on roads;

                      “vessel” includes a ship, boat, raft or other apparatus constructed or

adapted for floating on water;

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                      “wine” means—

                  (a)                 “wine” within the meaning of the Alcoholic Liquor Duties Act

1979, and

                  (b)                 “made-wine” within the meaning of that Act;

 

 

 
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