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Licensing Bill [HL]


Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    102

 

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

the association or a member of its governing body, or

           (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

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liable to be proceeded against and punished accordingly.

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

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.

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

 185   Jurisdiction and procedure in respect of offences

     (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

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unincorporated association must be brought in the name of the association

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

     (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,

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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

a body corporate.

     (5)    Proceedings for an offence may be taken—

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

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which it has a place of business;

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

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

section.

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

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Vessels, vehicles and moveable structures

 186   Vessels, vehicles and moveable structures

     (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.

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     (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

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

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

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    103

 

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

Act as if it were premises situated at that place.

     (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

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to be treated as separate premises.

     (5)    Sections 29 to 31 (which make provision in respect of provisional statements

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

structure to which this section applies.

Interpretation

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 187   Location of sales

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

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

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where the alcohol is appropriated to the contract.

 188   Meaning of “alcohol”

     (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

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or supply in question,

           (b)           perfume,

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

Excise as not being intended for consumption as or with dutiable

alcoholic liquor,

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           (d)           the aromatic flavouring essence commonly known as Angostura

bitters,

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

           (f)           denatured alcohol,

           (g)           methyl alcohol,

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           (h)           naphtha, or

           (i)           alcohol contained in liqueur confectionery.

     (2)    In this section—

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

Act 1995 (c. 4);

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

Liquor Duties Act 1979 (c. 4);

                    “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

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confectionery, and

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

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

consumption;

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    104

 

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

Medicines Act 1968 (c. 67); and

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

Liquor Duties Act 1979 (c. 4).

 189   Meaning of “sale by retail”

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     (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—

           (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

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

           (c)           if made for consumption off the premises.

     (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

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that club,

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

authorised by a premises licence,

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

authorised by that licence, or

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

purpose of making sales authorised by that notice.

 190   Other definitions

In this Act—

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

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

                      “crime prevention objective” means the licensing objective mentioned in

section 5(2)(a) (prevention of crime and disorder);

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

licence has effect;

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                      “licensing functions” is to be construed in accordance with section 5(1);

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

made by the Secretary of State;

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

structure;

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                      “prescribed” means prescribed by regulations;

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

general conditions in section 62;

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

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

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

adapted for floating on water;

                      “wine” means—

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

1979, and

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

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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                      “working day” means any day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a day which is a bank holiday under the

Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.

 191   Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the

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provisions indicated—

 

Expression

Interpretation provision

 
 

alcohol

section 188

 
 

associate member

section 67(2)

 
 

authorised person, in Part 3

section 14

 

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authorised person, in Part 4

section 69

 
 

beer

section 190

 
 

cider

section 190

 
 

club premises certificate

section 60

 
 

conviction (in Part 6)

section 112

 

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crime prevention objective

section 190

 
 

designated premises supervisor

section 16

 
 

foreign offence

section 111

 
 

given, in relation to a notice, etc.

section 181

 
 

guest

section 67

 

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interested party, in Part 3

section 14

 
 

interested party, in Part 4

section 69

 
 

interim authority notice

section 47

 
 

late night refreshment

Schedule 2

 
 

licensable activity

section 1(1)

 

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licensed premises

section 190

 
 

licensing authority

section 3(1)

 
 

licensing authority’s area

section 3(2)

 
 

licensing functions

sections 5(1) and 190

 
 

licensing objectives

section 5(2)

 

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order

section 190

 
 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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Expression

Interpretation provision

 
 

permitted temporary activity

section 96

 
 

personal licence

section 109(1)

 
 

premises

section 190

 
 

premises licence

section 12

 

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premises user, in relation to a temporary event

section 98(2)

 
 

notice

  
 

prescribed

section 190

 
 

provisional statement

section 29(3)

 
 

qualifying club

section 61

 

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qualifying club activity

section 1(2)

 
 

recognised club

section 190

 
 

regulated entertainment

Schedule 1

 
 

regulations

section 190

 
 

relevant licensing authority, in Part 3

section 13

 

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relevant licensing authority, in Part 4

section 68

 
 

relevant licensing authority, in Part 5

section 97

 
 

relevant licensing authority, in Part 6

section 110

 
 

relevant offence, in Part 6

section 111

 
 

responsible authority, in Part 3

section 14

 

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responsible authority, in Part 4

section 69

 
 

sale by retail, in relation to alcohol

section 189

 
 

secretary, in Part 4

section 70

 
 

supply of alcohol, in Part 3

section 15

 
 

supply of alcohol to members or guests, in

section 70

 

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relation to a club, in Part 4

  
 

temporary event notice

section 98(1)

 
 

vehicle

section 190

 
 

vessel

section 190

 
 

wine

section 190

 

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working day

section 190

 
 

 

 
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