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Licensing Bill [HL]


Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    107

 

Supplementary and general

 192   Crown application

     (1)    This Act binds the Crown and has effect in relation to land in which there is—

           (a)           an interest belonging to Her Majesty in right of the Crown,

           (b)           an interest belonging to a government department, or

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           (c)           an interest held in trust for Her Majesty for the purposes of such a

department.

     (2)    This Act also applies to—

           (a)           land which is vested in, but not occupied by, Her Majesty in right of the

Duchy of Lancaster, and

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           (b)           land which is vested in, but not occupied by, the possessor for the time

being of the Duchy of Cornwall.

     (3)    No contravention by the Crown of any provision made by or under this Act

makes the Crown criminally liable; but the High Court may declare unlawful

any act or omission of the Crown which constitutes such a contravention.

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     (4)    Provision made by or under this Act applies to persons in the public service of

the Crown as it applies to other persons.

     (5)    But nothing in this Act affects Her Majesty in Her private capacity.

 193   Removal of privileges and exemptions

No privilege or exemption mentioned in section 199(a) or (b) of the Licensing

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Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of

London) operates to exempt any person from the requirements of this Act.

 194   Regulations and orders

     (1)    Any power of the Secretary of State to make regulations or an order under this

Act is exercisable by statutory instrument.

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     (2)    Regulations or an order under this Act—

           (a)           may include incidental, supplementary, consequential or transitional

provision or savings;

           (b)           may make provision generally or only in relation to specified cases;

           (c)           may make different provision for different purposes.

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     (3)    A statutory instrument containing regulations or an order under this Act, other

than one containing—

           (a)           an order under section 6(2) (order appointing start of first period for

which statement of licensing policy to be prepared),

           (b)           an order under section 171 (relaxation of opening hours for special

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occasions),

           (c)           an order under section 175(3) (order amending definition of “excluded

premises” where alcohol sales are prohibited),

           (d)           an order under section 198 (commencement), or

           (e)           an order under paragraph 4 of Schedule 1 (power to amend meaning of

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regulated entertainment),

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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            is subject to annulment in pursuance of a resolution of either House of

Parliament.

     (4)    A statutory instrument containing an order within subsection (3)(b), (c) or (e)

is not to be made unless a draft of the instrument containing the order has been

laid before and approved by a resolution of each House of Parliament.

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     (5)    If a draft of an order within subsection (3)(b) would, apart from this subsection,

be treated for the purposes of the Standing Orders of either House of

Parliament as a hybrid instrument, it is to proceed in that House as if it were

not such an instrument.

 195   Minor and consequential amendments

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     (1)    Schedule 6 (which makes minor and consequential amendments) has effect.

     (2)    The Secretary of State may, in consequence of any provision of this Act or of

any instrument made under it, by order make such amendments (including

repeals or revocations) as appear to him to be appropriate in—

           (a)           any Act passed, or

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           (b)           any subordinate legislation (within the meaning of the Interpretation

Act 1978 (c. 30)) made,

            before that provision comes into force.

 196   Repeals

The enactments mentioned in Schedule 7 (which include provisions that are

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spent) are repealed to the extent specified.

 197   Transitional provision etc.

Schedule 8 (which makes transitional and transitory provision and savings)

has effect.

 198   Short title, commencement and extent

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     (1)    This Act may be cited as the Licensing Act 2003.

     (2)    The preceding provisions (and the Schedules) come into force in accordance

with provision made by order.

     (3)    Subject to subsections (4) and (5), this Act extends to England and Wales only.

     (4)    Section 154(1) also extends to Northern Ireland.

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     (5)    An amendment or repeal contained in Schedule 6 or 7 has the same extent as

the enactment to which it relates.

 

 

109

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 1 — General definitions

 

Schedules

Schedule 1

Section 1

 

Provision of regulated entertainment

Part 1

General definitions

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The provision of regulated entertainment

  1       (1)      For the purposes of this Act the “provision of regulated entertainment”

means the provision of—

              (a)             entertainment of a description falling within paragraph 2, or

              (b)             entertainment facilities falling within paragraph 3,

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                   where the conditions in sub-paragraphs (2) and (3) are satisfied.

          (2)      The first condition is that the entertainment or entertainment facilities are

provided—

              (a)             to any extent for members of the public or a section of the public,

              (b)             exclusively for members of a club which is a qualifying club in

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relation to the provision of regulated entertainment, or for members

of such a club and their guests, or

              (c)             in any case not falling within paragraph (a) or (b), for consideration

and with a view to profit.

          (3)      The second condition is that the premises on which the entertainment or

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entertainment facilities are provided are made available for the purpose, or

for purposes which include the purpose, of enabling the entertainment

concerned (whether of a description falling within paragraph 2(1) or

paragraph 3(2)) to take place.

                   To the extent that the provision of entertainment facilities consists of making

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premises available, the premises are to be regarded for the purposes of this

sub-paragraph as premises “on which” entertainment facilities are

provided.

          (4)      For the purposes of sub-paragraph (2)(c), entertainment is, or entertainment

facilities are, only to be regarded as provided for consideration if any

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charge—

              (a)             is made by or on behalf of—

                    (i)                   any person concerned in the organisation or management of

that entertainment, or

                    (ii)                                        any person concerned in the organisation or management of

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those facilities who is also concerned in the organisation or

management of the entertainment within paragraph 3(2) in

which those facilities enable persons to take part, and

 

 

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 1 — General definitions

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              (b)             is paid by or on behalf of some or all of the persons for whom that

entertainment is, or those facilities are, provided.

          (5)      In sub-paragraph (4), “charge” includes any charge for the provision of

goods or services.

          (6)               For the purposes of sub-paragraph (4)(a), where the entertainment consists

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of the performance of live music or the playing of recorded music, a person

performing or playing the music is not concerned in the organisation or

management of the entertainment by reason only that he does one or more

of the following—

              (a)             chooses the music to be performed or played,

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              (b)             determines the manner in which he performs or plays it,

              (c)             provides any facilities for the purposes of his performance or playing

of the music.

          (7)      For the purposes of sub-paragraph (2)(c), the cases in which the

entertainment is, or entertainment facilities are, to be regarded as provided

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with a view to profit include any case where that entertainment is, or those

facilities are, provided with a view to raising money for the benefit of a

charity.

          (8)      This paragraph is subject to Part 2 of this Schedule (exemptions).

Entertainment

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  2       (1)      The descriptions of entertainment are—

              (a)             a performance of a play,

              (b)             an exhibition of a film,

              (c)             an indoor sporting event,

              (d)             a boxing or wrestling entertainment,

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              (e)             a performance of live music,

              (f)             any playing of recorded music,

              (g)             a performance of dance,

              (h)             entertainment of a similar description to that falling within

paragraph (e), (f) or (g),

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                   where the entertainment takes place in the presence of an audience and is

provided for the purpose, or for purposes which include the purpose, of

entertaining that audience.

          (2)      Any reference in sub-paragraph (1) to an audience includes a reference to

spectators.

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          (3)      This paragraph is subject to Part 3 of this Schedule (interpretation).

Entertainment facilities

  3       (1)      In this Schedule, “entertainment facilities” means facilities for enabling

persons to take part in entertainment of a description falling within sub-

paragraph (2) for the purpose, or for purposes which include the purpose, of

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being entertained.

          (2)      The descriptions of entertainment are—

              (a)             making music,

              (b)             dancing,

 

 

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 2 — Exemptions

    111

 

              (c)             entertainment of a similar description to that falling within

paragraph (a) or (b).

          (3)      This paragraph is subject to Part 3 of this Schedule (interpretation).

Power to amend Schedule

  4        The Secretary of State may by order amend this Schedule for the purpose of

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modifying—

              (a)             the descriptions of entertainment specified in paragraph 2, or

              (b)             the descriptions of entertainment specified in paragraph 3,

           and for this purpose “modify” includes adding, varying or removing any

description.

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Part 2

Exemptions

Film exhibitions for the purposes of advertisement, information, education, etc.

  5        The provision of entertainment consisting of the exhibition of a film is not to

be regarded as the provision of regulated entertainment for the purposes of

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this Act if its sole or main purpose is to—

              (a)             demonstrate any product,

              (b)             advertise any goods or services, or

              (c)             provide information, education or instruction.

Film exhibitions: museums and art galleries

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  6        The provision of entertainment consisting of the exhibition of a film is not to

be regarded as the provision of regulated entertainment for the purposes of

this Act if it consists of or forms part of an exhibit put on show for any

purposes of a museum or art gallery.

Music incidental to certain other activities

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  7        The provision of entertainment consisting of the playing of music is not to

be regarded as the provision of regulated entertainment for the purposes of

this Act to the extent that it is incidental to some other activity which is not

itself—

              (a)             a description of entertainment falling within paragraph 2, or

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              (b)             the provision of entertainment facilities.

Use of television or radio receivers

  8        The provision of any entertainment or entertainment facilities is not to be

regarded as the provision of regulated entertainment for the purposes of this

Act to the extent that it consists of the simultaneous reception and playing

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of a programme included in a programme service within the meaning of the

Broadcasting Act 1990 (c. 42).

 

 

Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 3 — Interpretation

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Religious services, places of worship etc.

  9        The provision of any entertainment or entertainment facilities—

              (a)             for the purposes of, or for purposes incidental to, a religious meeting

or service, or

              (b)                             at a place of public religious worship,

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           is not to be regarded as the provision of regulated entertainment for the

purposes of this Act.

Unamplified music incidental to certain other activities

  10      (1)      The provision of entertainment consisting of the performance of live music

(and not comprising or including the playing of recorded music) is not to be

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regarded as the provision of regulated entertainment for the purposes of this

Act to the extent that the conditions specified in sub-paragraph (2) are

satisfied and to the extent that it is incidental to some other activity that is

not itself—

              (a)             entertainment of a description falling within paragraph 2, or

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              (b)             the provision of entertainment facilities.

          (2)      The conditions referred to in sub-paragraph (1) are that—

              (a)             the other activity referred to in sub-paragraph (1) is the subject of,

and is undertaken in accordance with, a licence granted under this

Act;

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              (b)             the live music being performed is not provided in whole or part by

means of, or with the assistance of, electrical or electronic

amplification, or made more readily audible by such amplification

either in the place where the performance is occurring or in any other

place.

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Vehicles in motion

  11       The provision of any entertainment or entertainment facilities—

              (a)             on premises consisting of or forming part of a vehicle, and

              (b)             at a time when the vehicle is not permanently or temporarily parked,

           is not to be regarded as the provision of regulated entertainment for the

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purposes of this Act.

Educational establishments

  12       The provision of any entertainment or entertainment facilities in the

premises of an educational establishment for the purposes directly

connected to the activities of the establishment is not to be regarded as the

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provision of regulated entertainment for the purposes of this Act.

Part 3

Interpretation

General

  13       This Part has effect for the purposes of this Schedule.

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Licensing Bill [HL]
Schedule 1 — Provision of regulated entertainment
Part 3 — Interpretation

    113

 

Plays

  14      (1)      A “performance of a play” means a performance of any dramatic piece,

whether involving improvisation or not,—

              (a)             which is given wholly or in part by one or more persons actually

present and performing, and

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              (b)             in which the whole or a major proportion of what is done by the

person or persons performing, whether by way of speech, singing or

action, involves the playing of a role.

          (2)      In this paragraph, “performance” includes rehearsal (and “performing” is to

be construed accordingly).

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Film exhibitions

  15       An “exhibition of a film” means any exhibition of moving pictures.

Indoor sporting events

  16      (1)      An “indoor sporting event” is a sporting event—

              (a)             which takes place wholly inside a building, and

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              (b)             at which the spectators present at the event are accommodated

wholly inside that building.

          (2)      In this paragraph—

               “building” means any roofed structure (other than a structure with a

roof which may be opened or closed) and includes a vehicle, vessel

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or moveable structure,

               “sporting event” means any contest, exhibition or display of any sport,

and

               “sport” includes—

                     (a)                    any game in which physical skill is the predominant factor,

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and

                     (b)                    any form of physical recreation which is also engaged in for

purposes of competition or display.

Boxing or wrestling entertainments

  17       A “boxing or wrestling entertainment” is any contest, exhibition or display

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of boxing or wrestling.

Music

  18       “Music” includes vocal or instrumental music or any combination of the

two.

 

 

 
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