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Other Bills before Parliament

Licensing Bill [HL]


Licensing Bill [HL]
Part 1 — Licensable activities

    1

 

A

Bill

[AS AMENDED ON REPORT]

To

Make provision about the regulation of the sale and supply of alcohol, the

provision of entertainment and the provision of late night refreshment, about

offences relating to alcohol and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Licensable activities

 1     Licensable activities and qualifying club activities

     (1)    For the purposes of this Act the following are licensable activities—

           (a)           the sale by retail of alcohol,

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

member of the club,

           (c)           the provision of regulated entertainment, and

           (d)           the provision of late night refreshment.

     (2)    For those purposes the following licensable activities are also qualifying club

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activities—

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

member of the club for consumption on the premises where the supply

takes place,

           (b)           the sale by retail of alcohol by or on behalf of a club to a guest of a

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member of the club for consumption on the premises where the sale

takes place, and

           (c)           the provision of regulated entertainment where that provision is by or

on behalf of a club for members of the club or members of the club and

their guests.

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HL Bill 4053/2
 
 

Licensing Bill [HL]
Part 2 — Licensing authorities

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     (3)    In this Act references to the supply of alcohol by or on behalf of a club to, or to

the order of, a member of the club do not include a reference to any supply

which is a sale by retail of alcohol.

     (4)    Schedule 1 makes provision about what constitutes the provision of regulated

entertainment for the purposes of this Act.

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     (5)    Schedule 2 makes provision about what constitutes the provision of late night

refreshment for those purposes (including provision that certain activities

carried on in relation to certain clubs or hotels etc, or certain employees, do not

constitute provision of late night refreshment and are, accordingly, not

licensable activities).

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     (6)    For the purposes of this Act premises are “used” for a licensable activity if that

activity is carried on on or from the premises.

     (7)    This section is subject to sections 172 to 174 (which exclude activities from the

definition of licensable activity in certain circumstances).

 2     Authorisation for licensable activities and qualifying club activities

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     (1)    A licensable activity may be carried on—

           (a)           under and in accordance with a premises licence (see Part 3), or

           (b)           in circumstances where the activity is a permitted temporary activity

by virtue of Part 5.

     (2)    A qualifying club activity may be carried on under and in accordance with a

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club premises certificate (see Part 4).

     (3)    Nothing in this Act prevents two or more authorisations having effect

concurrently in respect of the whole or a part of the same premises or in respect

of the same person.

     (4)    For the purposes of subsection (3) “authorisation” means—

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           (a)           a premises licence;

           (b)           a club premises certificate;

           (c)           a temporary event notice.

Part 2

Licensing authorities

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The authorities

 3     Licensing authorities

     (1)    In this Act “licensing authority” means—

           (a)           the council of a district in England,

           (b)           the council of a county in England in which there are no district

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councils,

           (c)           the council of a county or county borough in Wales,

           (d)           the council of a London borough,

           (e)           the Common Council of the City of London,

           (f)           the Sub-Treasurer of the Inner Temple,

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           (g)           the Under-Treasurer of the Middle Temple,

 

 

Licensing Bill [HL]
Part 2 — Licensing authorities

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           (h)           the Council of the Isles of Scilly, or

           (i)                         for purposes of personal licences, the Central Licensing Authority.

     (2)    For the purposes of this Act, a licensing authority’s area is the area for which

the authority acts.

 4     Central Licensing Authority

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     (1)    There shall be a body corporate to be known as the Central Licensing Authority

(in this Act referred to as “the Central Authority”).

     (2)    The functions of the Central Authority shall be—

           (a)           to act as the Licensing Authority for personal licences under Part 6 of

this Act, and

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           (b)           such other functions as may be conferred on it by an order made by the

Secretary of State.

     (3)    The Secretary of State may by regulations make provision about the

membership and staff of the Central Authority.

     (4)    The expenses of the Central Authority shall be paid by the Secretary of State

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out of money provided by Parliament.

     (5)    Any order or regulations made under this section shall be made by statutory

instrument, and no order or regulations shall be made unless a draft of the

order or regulations has been approved by a resolution of each House of

Parliament.

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Functions of licensing authorities etc.

 5     General duties of licensing authorities

     (1)    A licensing authority must carry out its functions under this Act (“licensing

functions”) with a view to promoting the licensing objectives.

     (2)    The licensing objectives are—

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           (a)           the prevention of crime and disorder;

           (b)           public safety;

           (c)           the prevention of unreasonable diminution of the living and working

amenity and environment of interested parties in the vicinity of the

premises balancing those matters against the benefits to be derived

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from the leisure amenity of such premises; and

           (d)           the protection of children from harm.

     (3)    In carrying out its licensing functions, a licensing authority must also have

regard to—

           (a)           its licensing statement published under section 6, and

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           (b)           any guidance issued by the Secretary of State under section 179.

 6     Statement of licensing policy

     (1)    Each licensing authority must in respect of each three year period—

           (a)           determine its policy with respect to the exercise of its licensing

functions, and

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Licensing Bill [HL]
Part 2 — Licensing authorities

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           (b)           publish a statement of that policy (a “licensing statement”) before the

beginning of the period.

     (2)    In this section “three year period” means—

           (a)           the period of three years beginning with such day as the Secretary of

State may by order appoint, and

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           (b)           each subsequent period of three years.

     (3)    Before determining its policy for a three year period, a licensing authority must

consult—

           (a)           the chief officer of police for the licensing authority’s area,

           (b)           the fire authority for that area,

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           (c)           such persons as the licensing authority considers to be representative of

holders of premises licences issued by that authority,

           (d)           such persons as the licensing authority considers to be representative of

holders of club premises certificates issued by that authority,

           (e)           such persons as the licensing authority considers to be representative of

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holders of personal licences issued by that authority, and

           (f)           such other persons as the licensing authority considers to be

representative of businesses and residents in its area.

     (4)    During each three year period, a licensing authority must keep its policy under

review and make such revisions to it, at such times, as it considers appropriate.

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     (5)    Subsection (3) applies in relation to any revision of an authority’s policy as it

applies in relation to the original determination of that policy.

     (6)    Where revisions are made, the licensing authority must publish a statement of

the revisions or the revised licensing statement.

     (7)    Regulations may make provision about the determination and revision of

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policies, and the preparation and publication of licensing statements, under

this section.

 7     Licensing committees

     (1)    Each licensing authority must establish a licensing committee consisting of at

least ten, but not more than fifteen, members of the authority.

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     (2)    This section does not apply in relation to the Sub-Treasurer of the Inner Temple

or the Under-Treasurer of the Middle Temple.

 8     Exercise and delegation of functions

     (1)    All matters relating to the discharge by a licensing authority of its licensing

functions are, by virtue of this subsection, referred to its licensing committee

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and, accordingly, that committee must discharge those functions on behalf of

the authority.

     (2)    Subsection (1) does not apply to—

           (a)           any function conferred on the licensing authority by section 6

(statement of licensing policy), or

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           (b)           any function discharged under subsection (5)(a) below by a committee

(other than a licensing committee),

            or any matter relating to the discharge of any such function.

 

 

Licensing Bill [HL]
Part 2 — Licensing authorities

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     (3)    A licensing authority may arrange for the discharge by its licensing committee

of any function of the authority which—

           (a)           relates to a matter referred to that committee by virtue of subsection (1),

but

           (b)           is not a licensing function.

5

     (4)    Where the licensing authority does not make arrangements under subsection

(3) in respect of any such function, it must (unless the matter is urgent) consider

a report of its licensing committee with respect to the matter before discharging

the function.

     (5)    Where a matter relates to a licensing function of a licensing authority and to a

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function of the authority which is not a licensing function (“the other

function”), the authority may—

           (a)           refer the matter to another of its committees and arrange for the

discharge of the licensing function by that committee, or

           (b)           refer the matter to its licensing committee (to the extent it is not already

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so referred under subsection (1)) and arrange for the discharge of the

other function by the licensing committee.

     (6)    In a case where an authority exercises its power under subsection (5)(a), the

committee to which the matter is referred must (unless the matter is urgent)

consider a report of the authority’s licensing committee with respect to the

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matter before discharging the function concerned.

     (7)    Before exercising its power under subsection (5)(b), an authority must consult

its licensing committee.

     (8)           In a case where an authority exercises its power under subsection (5)(b), its

licensing committee must (unless the matter is urgent) consider any report of

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any of the authority’s other committees with respect to the matter before

discharging the function concerned.

     (9)    Where a licensing committee is unable to discharge any function delegated to

it in accordance with this section because of the number of its members who

are unable to take part in the consideration or discussion of any matter or vote

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on any question with respect to it, the committee must refer the matter back to

the licensing authority and the authority must discharge that function.

     (10)   This section does not apply in relation to the Sub-Treasurer of the Inner Temple

or the Under-Treasurer of the Middle Temple.

 9     Requirement to keep a register

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     (1)    Each licensing authority must keep a register containing—

           (a)           a record of each premises licence, club premises certificate and personal

licence issued by it,

           (b)           a record of each temporary event notice received by it,

           (c)           the matters mentioned in Schedule 3,

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           (d)           the name and address of any person who has an estate or interest in the

premises whether as owner or lessee, prior or paramount to that of the

occupier, and

           (e)           such other information as may be prescribed.

     (2)    Regulations may require a register kept under this section to be in a prescribed

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form and kept in a prescribed manner.

 

 

Licensing Bill [HL]
Part 2 — Licensing authorities

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     (3)    Each licensing authority must provide facilities for making the information

contained in the entries in its register available for inspection (in a legible form)

by any person during office hours and without payment.

     (4)    If requested to do so by any person, a licensing authority must supply him with

a copy of the information contained in any entry in its register in legible form.

5

     (5)    A licensing authority may charge such reasonable fee as it may determine in

respect of any copy supplied under subsection (4).

     (6)    The Secretary of State may arrange for the duties conferred on licensing

authorities by this section to be discharged by means of one or more central

registers kept by a person appointed pursuant to the arrangements.

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     (7)    The Secretary of State may require licensing authorities to participate in and

contribute towards the cost of any arrangements made under subsection (6).

Licensing committees

 10    Proceedings of licensing committee

     (1)    A licensing committee may establish one or more sub-committees consisting of

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three members of the committee.

     (2)    Regulations may make provision about—

           (a)           the proceedings of licensing committees and their sub-committees

(including provision about the validity of proceedings and the quorum

for meetings),

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           (b)           public access to the meetings of those committees and sub-committees,

           (c)           the publicity to be given to those meetings,

           (d)           the agendas and records to be produced in respect of those meetings,

and

           (e)           public access to such agendas and records and other information about

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those meetings.

     (3)    Subject to any such regulations, each licensing committee may regulate its own

procedure and that of its sub-committees.

 11    Sub-delegation of functions by licensing committee etc.

     (1)    A licensing committee may arrange for the discharge of any functions

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exercisable by it—

           (a)           by a sub-committee established by it, or

           (b)           subject to subsection (4), by an officer of the licensing authority.

     (2)    Where arrangements are made under subsection (1)(a), then, subject to

subsections (4) and (5), the sub-committee may in turn arrange for the

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discharge of the function concerned by an officer of the licensing authority.

     (3)    Arrangements under subsection (1) or (2) may provide for more than one sub-

committee or officer to discharge the same function concurrently.

     (4)    Arrangements may not be made under subsection (1) or (2) for the discharge

by an officer of—

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           (a)           any function under—

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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                  (i)                 section 19(3) (determination of application for premises licence

where representations have been made),

                  (ii)                section 31(3) (determination of application for provisional

statement where representations have been made),

                  (iii)               section 35(3) (determination of application for variation of

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premises licence where representations have been made),

                  (iv)                section 39(3) (determination of application to vary designated

premises supervisor following police objection),

                  (v)                 section 44(5) (determination of application for transfer of

premises licence following police objection),

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                  (vi)                section 48(3) (consideration of police objection made to interim

authority notice),

                  (vii)               section 72(3) (determination of application for club premises

certificate where representations have been made),

                  (viii)              section 83(3)(determination of application to vary club premises

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certificate where representations have been made),

                  (ix)                section 103(2) (decision to give counter notice following police

objection to temporary event notice),

                  (x)                 section 118(7) (determination of application for grant of

personal licence following police objection),

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                  (xi)                section 119(6) (determination of application for renewal of

personal licence following police objection), or

                  (xii)               section 122(4) (revocation of licence where convictions come to

light after grant etc.),

           (b)           any function under section 52(2) or (3) (determination of application for

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review of premises licence) in a case where relevant representations

(within the meaning of section 52(7)) have been made,

           (c)           any function under section 86(2) or (3) (determination of application for

review of club premises certificate) in a case where relevant

representations (within the meaning of section 86(6)) have been made,

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or

           (d)           any function under section 166(5) (review following closure order), in a

case where relevant representations (within the meaning of section

166(9)) have been made.

     (5)    The power exercisable under subsection (2) by a sub-committee established by

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a licensing committee is also subject to any direction given by that committee

to the sub-committee.

Part 3

Premises licences

Introductory

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 12    Premises licence

In this Act “premises licence” means a licence granted under this Part, in

respect of any premises, which authorises the premises to be used for one or

more licensable activities.

 

 

 
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