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Licensing Bill [HL]


Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    128

 

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

                           (i)                          the holder of a premises licence which authorises the

sale or supply of alcohol, and

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

such a licence,

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                    (c)                   in the case of premises in respect of which a club premises

certificate authorising the sale or supply of alcohol has effect,

to any member or officer of the club which holds the

certificate who at the time the sale, supply or distribution

takes place is present on the premises in a capacity which

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enables him to prevent it, and

                    (d)                   in the case of premises which may be used for a permitted

temporary activity by virtue of Part 5 of the Licensing Act

2003, the premises user in respect of a temporary event notice

authorising the sale or supply of alcohol.

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

conviction—

                    (a)                   in the case of an offence under subsection (2B), to a fine not

exceeding level 1 on the standard scale, and

                    (b)                   in the case of an offence under subsection (2C), to a fine not

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exceeding level 2 on the standard scale.”

          (3)      In subsection (3), for “licensed persons, and secretaries of clubs registered

under Part III of this Act,” substitute “persons to whom subsection (4)

applies”.

          (4)      After that subsection insert—

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              “(4)                This subsection applies to—

                    (a)                   the holder of a premises licence which authorises the sale or

supply of alcohol,

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

licence,

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                    (c)                   the holder of a club premises certificate authorising the sale

or supply of alcohol, and

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

authorising the sale or supply or alcohol.

              (5)                In this section—

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                                      “alcohol”, “club premises certificate”, “designated premises

supervisor”, “licensed premises”, “permitted temporary

activity”, “premises licence”, “premises user” and

“temporary event notice” have the same meaning as in the

Licensing Act 2003,

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                                      “relevant premises” means premises which are relevant

premises within the meaning of section 158 of that Act and on

which alcohol may be lawfully sold or supplied, and

                                      “the three year period”, in relation to the convicted person,

means the period of three years beginning with the day of the

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conviction.”

  9        After section 8 (meaning of “public place”) insert—

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    129

 

       “8A                  Interpretation of “licensed premises”

For those purposes, “licensed premises” includes—

                    (a)                   any licensed premises within the meaning of section 190 of

the Licensing Act 2003, and

                    (b)                   any premises which may be used for a permitted temporary

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activity by virtue of Part 5 of that Act.”

Celluloid and Cinematograph Film Act 1922 (c. 35)

  10       At the end of section 2 of the Celluloid and Cinematograph Film Act 1922

(premises to which the Act does not apply), add “or which may, by virtue of

an authorisation (within the meaning of section 134 of the Licensing Act

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2003), be used for an exhibition of a film (within the meaning of paragraph

13 of Schedule 1 to that Act)”.

Sunday Entertainments Act 1932 (c. 51)

  11       The Sunday Entertainments Act 1932 ceases to have effect.

Children and Young Persons Act 1933 (c. 12)

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  12       The Children and Young Persons Act 1933 is amended as follows.

  13       In section 5 (giving alcohol to a child under five) for “intoxicating liquor”

substitute “alcohol (within the meaning given by section 188 of the Licensing

Act 2003, but disregarding subsection (1)(f) to (i) of that section)”.

  14       In section 12 (failing to provide for safety of children at entertainments)—

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              (a)             in subsection (3) omit the words from “, and also” to the end,

              (b)             in subsection (5), for paragraph (a) substitute—

                           “(a)                             in the case of a building in respect of which a premises

licence authorising the provision of regulated

entertainment has effect, be the duty of the relevant

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licensing authority;”, and

              (c)             after that subsection, insert—

                    “(5A)                      For the purposes of this section—

                           (a)                          “premises licence” and “the provision of regulated

entertainment” have the meaning given by the

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Licensing Act 2003, and

                           (b)                          “the relevant licensing authority”, in relation to a

building in respect of which a premises licence has

effect, means the relevant licensing authority in

relation to that building under section 13 of that Act.”

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  15       In section 107 (interpretation), omit the definition of “intoxicating liquor”.

Public Health Act 1936 (c. 49)

  16       In section 226 of the Public Health Act 1936 (power of local authority to close

swimming bath and use it instead for other purposes)—

              (a)             for subsection (3) substitute—

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Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    130

 

                    “(3)                      Nothing in this section shall authorise the use of a swimming

bath or bathing place for the provision of regulated

entertainment (within the meaning of the Licensing Act

2003), unless that activity is carried on under and in

accordance with an authorisation (within the meaning given

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in section 134 of that Act).”, and

              (b)             omit subsection (4).

London Building Acts (Amendment) Act 1939 (c. xcvii)

  17       In each of the following provisions of the London Building Acts

(Amendment) Act 1939, for “the premises are so licensed” substitute “the

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premises are premises which, by virtue of a premises licence under the

Licensing Act 2003, may be used for the supply of alcohol (within the

meaning of section 15 of that Act) for consumption on the premises”—

              (a)             section 11(9)(b) (exemption of licensed premises from provision as to

naming of buildings),

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              (b)             paragraph (A) of the proviso in section 13 (offences as to numbering

or naming of buildings).

Civic Restaurants Act 1947 (c. 22)

  18       In section 1(4) of the Civic Restaurants Act 1947 (civic restaurant authority

to be subject to law relating to sale of alcohol), for “the enactments relating

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to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any

other enactment relating to the sale of intoxicating liquor”.

London County Council (General Powers) Act 1947 (c. xlvi)

  19       In section 6(1)(b) of the London County Council (General Powers) Act 1947

(saving in connection with the provision of entertainment for enactments

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relating to the sale of alcohol), for “any enactment relating to the sale of

intoxicating liquor” substitute “the Licensing Act 2003 and any other

enactment relating to the sale of intoxicating liquor”.

National Parks and Access to the Countryside Act 1949 (c. 97)

  20       In each of the following provisions of the National Parks and Countryside

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Act 1949, for “intoxicating liquor” substitute “alcohol (within the meaning of

the Licensing Act 2003)”—

              (a)             section 12(1)(a) (provision of facilities in National Park),

              (b)             section 54(2) (provision of facilities along long-distance routes).

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

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  21       The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is

amended as follows.

  22       In section 14(2)(a) (protection against insecurity of tenure of place of

residence), after “premises” insert “in England and Wales which, by virtue

of a premises licence under the Licensing Act 2003, may be used for the

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supply of alcohol (within the meaning of section 15 of that Act) on the

premises or in Scotland which are”.

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    131

 

  23       In section 18(3)(a) (protection against insecurity of tenure in connection with

employment), after “premises” insert “in England and Wales which, by

virtue of a premises licence under the Licensing Act 2003, may be used for

the supply of alcohol (within the meaning of section 15 of that Act) on the

premises for consumption on the premises or in Scotland which are”.

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  24       In section 27(1) (renewal of tenancy expiring during period of service), in the

second paragraph (c), for the words “licensed for the sale of intoxicating

liquor for consumption on the premises” substitute “which, by virtue of a

premises licence under the Licensing Act 2003, may be used for the supply

of alcohol (within the meaning of section 15 of that Act) for consumption on

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the premises”.

Hypnotism Act 1952 (c. 46)

  25       The Hypnotism Act 1952 is amended as follows.

  26      (1)      Section 1 (inclusion in an entertainment licence of conditions in relation to

demonstrations of hypnotism) is amended as follows.

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          (2)      In subsection (1)—

              (a)             after “any area” insert “in Scotland”, and

              (b)             for “places kept or ordinarily used for public dancing, singing, music

or other public entertainment of the like kind” substitute “theatres or

other places of public amusement or public entertainment”.

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          (3)      Omit subsection (2).

  27       In section 2 (requirement for authorisation for demonstration of

hypnotism)—

              (a)             in subsection (1), for the words from “in relation” to the end

substitute “, unless—

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                           (a)                             the controlling authority have authorised that

exhibition, demonstration or performance under this

section, or

                           (b)                             the place is in Scotland and a licence mentioned in

section 1 of this Act is in force in relation to it.”,

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              (b)             in subsection (1A) for the words from “either at premises” to the end

substitute “at premises in Scotland in respect of which a licence

under that Act is in force”,

              (c)             after subsection (3) insert—

                    “(3A)                      A function conferred by this section on a licensing authority

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is, for the purposes of section 8 of the Licensing Act 2003

(exercise and delegation by licensing authority of licensing

functions), to be treated as a licensing function within the

meaning of that Act.”, and

              (d)             for subsection (4) substitute—

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                    “(4)                      In this section—

                                                   “controlling authority” means—

                                 (a)                                in relation to a place in England and Wales,

the licensing authority in whose area the

place, or the greater or greatest part of it, is

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situated, and

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    132

 

                                 (b)                                in relation to a place in Scotland, the authority

having power to grant licences of the kind

mentioned in section 1 in that area, and

                                                   “licensing authority” has the meaning given by the

Licensing Act 2003.”

5

Obscene Publications Act 1959 (c. 66)

  28      (1)      Section 2 of the Obscene Publications Act 1959 (prohibition of publication of

obscene matter) is amended as follows.

          (2)      In subsections (3A) and (4A), for “a film exhibition” in each place it occurs,

substitute “an exhibition of a film”.

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          (3)      For subsection (7) substitute—

              “(7)                In this section, “exhibition of a film” has the meaning given in

paragraph 15 of Schedule 1 to the Licensing Act 2003.”

Betting, Gaming and Lotteries Act 1963 (c. 2)

  29       The Betting, Gaming and Lotteries Act 1963 is amended as follows.

15

  30       In section 10(1B) (conduct of licensed betting offices) for “the provision in a

licensed betting office of any facility in respect of which a licence under the

Licensing Act 1964 or the Licensing (Scotland) Act 1976 is required”

substitute—

                    “(a)                      in a licensed betting office in England and Wales, the supply

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of alcohol (within the meaning of section 15 of the Licensing

Act 2003) in circumstances where that supply is a licensable

activity (within the meaning of that Act);

                    (b)                      in a licensed betting office in Scotland, the provision of any

facility in respect of which a licence is required under the

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Licensing (Scotland) Act 1976”.

  31       In Schedule 4 (rules for licensed betting offices), in paragraph 10(2)(a), for

“intoxicating liquor within the meaning of section 201(1) of the Licensing

Act 1964” substitute “alcohol within the meaning of section 188 of the

Licensing Act 2003”.

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Children and Young Persons Act 1963 (c. 37)

  32       For section 37(2)(b) of the Children and Young Persons Act 1963 (restriction

on performance by child in licensed premises) substitute—

                    “(b)                      any performance in premises—

                           (i)                          which, by virtue of an authorisation (within the

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meaning of section 134 of the Licensing Act 2003),

may be used for the supply of alcohol (within the

meaning of section 15 of that Act), or

                           (ii)                         which are licensed premises (within the meaning of

the Licensing (Scotland) Act 1976) or in respect of

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which a club is registered under that Act;”.

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    133

 

Offices, Shops and Railway Premises Act 1963 (c. 41)

  33       In section 90 of the Offices, Shops and Railway Premises Act 1963

(interpretation), omit the definition of “place of public entertainment”.

Greater London Council (General Powers) Act 1966 (c. xxviii)

  34       The Greater London Council (General Powers) Act 1966 is amended as

5

follows.

  35       In section 21(1) (licensing of public exhibitions, etc.)—

              (a)             for “intoxicating liquor” substitute “alcohol (within the meaning of

the Licensing Act 2003)”, and

              (b)             for “a film exhibition within the meaning of the Cinemas Act 1985”

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substitute “an exhibition of a film (within the meaning of paragraph

15 of Schedule 1 to the Licensing Act 2003)”.

  36       In section 22 (application to old buildings of provisions for protection

against fire in the London Building Acts (Amendment) Act 1939)—

              (a)             in subsection (1), for the words from “being in either case” to “for that

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purpose” substitute “which may lawfully be used for the provision

of regulated entertainment (within the meaning of the Licensing Act

2003) only by virtue of an authorisation under that Act”, and

              (b)             in subsection (2), for the words from “where” to “that licence”

substitute “where a building, or part of a building, is being used for

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the provision of regulated entertainment by virtue of a premises

licence (under the Licensing Act 2003) granted by a borough council,

the Common Council, the Sub-Treasurer of the Inner Temple or the

Under-Treasurer of the Middle Temple”.

Finance Act 1967 (c. 54)

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  37       In section 5 of the Finance Act 1967 (no requirement for excise licence)—

              (a)             in subsection (1), omit paragraph (c), and

              (b)             in subsection (3), omit the words “which is registered within the

meaning of the Licensing Act 1964 or”.

Criminal Appeal Act 1968 (c. 19)

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  38       The Criminal Appeal Act 1968 is amended as follows.

  39       In section 10 (appeal against sentence to Crown Court), at the end of

subsection (3)(c) add—

                                 “(viii)                                   an order under section 127 of the Licensing

Act 2003 (forfeiture or suspension of personal

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licence), or”.

  40       In section 31 (powers of Court of Appeal under Part 1 exercisable by single

judge), after subsection (2B) insert—

              “(2C)                The power of the Court of Appeal, under section 128 of the Licensing

Act 2003, to suspend an order under section 127 of that Act may be

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exercised by a single judge in the same manner as it may be exercised

by the Court.”.

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    134

 

  41       In section 44 (powers of Court of Appeal under Part 2 exercisable by single

judge), after subsection (2) insert—

              “(3)                The power of the Court of Appeal, under section 128 of the Licensing

Act 2003, to suspend an order under section 127 of that Act may be

exercised by a single judge, but where the judge refuses an

5

application to exercise that power the applicant shall be entitled to

have the application determined by the Court of Appeal.”

  42       In section 50 (meaning of “sentence”), at the end of subsection (1) insert “;

and

                    (i)                      an order under section 127(2) of the Licensing Act 2003

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(forfeiture or suspension of personal licence).”

Theatres Act 1968 (c. 54)

  43       The Theatres Act 1968 is amended as follows.

  44       The following provisions cease to have effect in England and Wales—

              (a)             section 1(2) (local authority may not impose conditions on nature of

15

plays),

              (b)             sections 12 to 14 (licensing of premises for public performance of

plays),

              (c)             Schedule 1 (provision about licences to perform plays).

  45       In section 15 (warrant to enter theatre where offence suspected)—

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              (a)             in subsection (1)—

                    (i)                   paragraph (b) and the word “or” immediately preceding it,

and

                    (ii)                  the words “or, in a case falling within paragraph (b) above,

any police officer or authorised officer of the licensing

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authority”,

                              cease to have effect in England and Wales,

              (b)             subsections (2) to (5) cease to have effect in England and Wales, and

              (c)             subsection (6) is omitted.

  46       Section 17 (existing letters patent) ceases to have effect.

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  47       In section 18(1) (interpretation), in the definition of “licensing authority”,

omit paragraphs (a), (b) and (bb).

Gaming Act 1968 (c. 65)

  48       The Gaming Act 1968 is amended as follows.

  49      (1)      Section 6 (playing games on premises used for sale of alcohol) is amended as

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follows.

          (2)      For subsection (2) substitute—

              “(2)                This section applies to any premises in England and Wales in respect

of which there is in force a premises licence authorising the supply of

alcohol for consumption on the premises.

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