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Licensing Bill [HL]


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

    142

 

                           a film within the meaning of paragraph 15 of

Schedule 1 to that Act,”, and

              (b)             in paragraphs (a) and (c) after “premises”, and in paragraph (b) after

the first “premises”, insert “in Scotland”.

Building Act 1984 (c. 55)

5

  89       The Building Act 1984 is amended as follows.

  90       In section 24(4) (provision of exits in buildings) for paragraph (c)

substitute—

                    “(c)                      premises in respect of which a club premises certificate has

effect under the Licensing Act 2003,”.

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  91       In section 74(2) (exemption for certain premises from requirement for local

authority’s consent for cellars and rooms below subsoil water level), omit

paragraph (a) and the word “or” immediately following it.

Police and Criminal Evidence Act 1984 (c. 60)

  92       In Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable

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offences) at the end there is inserted—

“Licensing Act 2003

          26.                  An offence under section 141(1) of the Licensing Act 2003 (failure

to leave licensed premises, etc.).”

Greater London Council (General Powers) Act 1984 (c. xxvii)

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  93       In section 15(1) of the Greater London Council (General Powers) Act 1984

(exceptions to power of Council to refuse to register sleeping

accommodation), at the end insert—

                    “(v)                      a building—

                           (a)                          in respect of which there is in force immediately

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before the appointed day a premises licence under the

Licensing Act 2003 authorising the supply of alcohol

(within the meaning of section 15 of that Act) for

consumption on the premises, and

                           (b)                          the use of which for a specified purpose would not

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contravene the Town and Country Planning Act

1990.”

Cinemas Act 1985 (c. 13)

  94       The Cinemas Act 1985 ceases to have effect in England and Wales.

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

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  95       The Sporting Events (Control of Alcohol etc.) Act 1985 is amended as

follows.

  96       In the following provisions, for “intoxicating liquor” substitute “alcohol”—

              (a)             section 1(2) and (3) (alcohol on coaches and trains),

 

 

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

    143

 

              (b)             section 1A(2) and (3) (alcohol on certain other vehicles),

              (c)             section 2(1) (alcohol at sports grounds).

  97       Omit section 2(1A) (application to private rooms of offence of having alcohol

at designated sporting event).

  98       The following provisions cease to have effect—

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              (a)             sections 3 and 4 (order about licensing hours in sports grounds),

              (b)             section 5 (appeal against such an order),

              (c)             section 5A (restricted periods in relation to possession of alcohol in

private rooms at sports grounds),

              (d)             section 5B (occasional licences at sports grounds),

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              (e)             section 5C (supply of alcohol by clubs at sports grounds),

              (f)             section 5D (non-retail sales of alcohol during sporting event),

              (g)             section 6 (closure of bar during sporting event),

              (h)             the Schedule (procedure for obtaining order about licensing hours in

sports grounds).

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  99       In section 8 (offences)—

              (a)             in paragraph (b), for “, 2A(1), 3(10), 5B(2), 5C(3), 5D(2) or 6(2)”

substitute “or 2A(1)”, and

              (b)             omit paragraphs (d) and (e).

  100      In section 9 (interpretation)—

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              (a)             omit subsection (5), and

              (b)             for subsection (7) substitute—

                    “(7)                      An expression used in this Act and in the Licensing Act 2003

has the same meaning in this Act as in that Act.”

Housing Act 1985 (c. 68)

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  101      The Housing Act 1985 is amended as follows.

  102      In section 11 (provision of board facilities by local housing authority)—

              (a)             for subsection (3) substitute—

                    “(3)                      Where a premises licence under Part 3 of the Licensing Act

2003 authorises the sale by retail of alcohol in connection with

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the provision of facilities of the kind mentioned in subsection

(1)(a), then, notwithstanding the terms of that licence, it does

not have effect so as to authorise the sale by retail of alcohol

for consumption otherwise than with a meal.”,

              (b)             in subsection (4) after “the sale of intoxicating liquor” insert “or the

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sale by retail of alcohol”, and

              (c)             after that subsection insert—

                    “(5)                      An expression used in this section and in the Licensing Act

2003 has the same meaning in this section as in that Act.”

  103      In Schedule 1 (tenancies which are not secure tenancies), in paragraph 9, for

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“premises licensed for the sale of intoxicating liquor” substitute “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)”.

 

 

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

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Sex Discrimination Act 1986 (c. 59)

  104      Section 5 of the Sex Discrimination Act 1986 (discrimination required by

public entertainment licence) ceases to have effect.

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

  105      After section 33(2) of the Fire Safety and Safety of Places of Sport Act 1987

5

(requirements of safety certificate to take precedence over conflicting

conditions imposed in licence, etc.) insert—

              “(2A)                For the purposes of subsection (2)—

                    (a)                   “the licensing of premises” includes the granting of a

premises licence or club premises certificate under the

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Licensing Act 2003, and

                    (b)                   “licence” is to be construed accordingly.”

Norfolk and Suffolk Broads Act 1988 (c. 4)

  106      In paragraph 40(1) of Schedule 3 to the Norfolk and Suffolk Broads Act 1988

(provision of facilities by Broads Authority), in paragraph (b) for

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“intoxicating liquor” substitute “alcohol (within the meaning of the

Licensing Act 2003)”.

Housing Act 1988 (c. 50)

  107      In Schedule 1 of the Housing Act 1988 (tenancies which cannot be assured

tenancies), in paragraph 5, for “premises licensed for the sale of intoxicating

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liquors” substitute “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)”.

Town and Country Planning Act 1990 (c. 8)

  108      Section 334 of the Town and Country Planning Act 1990 (licensing planning

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areas) ceases to have effect.

Sunday Trading Act 1994 (c. 20)

  109     (1)      Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening

of large shops) is amended as follows.

          (2)      In paragraph 1—

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              (a)             for the definition of “intoxicating liquor” substitute—

                                                  ““alcohol” has the same meaning as in the Licensing

Act 2003,”, and

              (b)             in paragraph (a) of the definition of “sale of goods”, for “intoxicating

liquor” substitute “alcohol”.

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          (3)      In paragraph 3(1)(b) for “intoxicating liquor” substitute “alcohol”.

Criminal Justice and Public Order Act 1994 (c. 33)

  110      In section 63 of the Criminal Justice and Public Order Act 1994 (power to

remove persons attending raves, etc.), for subsection (9)(a) substitute—

 

 

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

    145

 

                    “(a)                      in England and Wales, to a gathering in relation to a

licensable activity within section 1(1)(c) of the Licensing Act

2003 (provision of certain forms of entertainment) carried on

under and in accordance with an authorisation within the

meaning of section 134 of that Act;”.

5

Deregulation and Contracting Out Act 1994 (c. 40)

  111      Section 21 of the Deregulation and Contracting Out Act 1994 (Sunday

Observance Act 1780 not to apply to sporting events) ceases to have effect.

London Local Authorities Act 1995 (c. x)

  112      In section 14 of the London Local Authorities Act 1995 (interpretation of Part

10

relating to near beer premises), in the definition of “near beer premises”—

              (a)             for the words “intoxicating liquor is provided exemption or saving

from the provisions of the Act of 1964 by virtue of section 199 of that

Act” substitute “alcohol is not a licensable activity under or by virtue

of section 172 of the Licensing Act 2003”,

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              (b)             for paragraph (A) substitute—

                           “(A)                             a premises licence under Part 3 of that Act which

authorises the supply of alcohol (within the meaning

of section 15 of that Act) for consumption on the

premises;”,

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              (c)             in paragraph (B)—

                    (i)                   omit “Schedule 12 to the London Government Act 1963,” and

“or the Private Places of Entertainment (Licensing) Act 1967”,

and

                    (ii)                  at the end insert “or a premises licence granted under Part 3

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of the Licensing Act 2003 which authorises the provision of

any form of regulated entertainment (within the meaning of

Schedule 1 to that Act)”,

              (d)             omit paragraphs (C) to (E),

              (e)             for paragraphs (F) and (G) substitute—

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                           “(F)                             a temporary event notice under the Licensing Act

2003, by virtue of which the premises may be used for

the supply of alcohol (within the meaning of section

15 of that Act);”,

              (f)             for the words from “during the hours” to “licence:” substitute

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“during the hours permitted by such licence or notice:”, and

              (g)             for “such licence; and” substitute “such licence or notice; and”.

Employment Rights Act 1996 (c. 18)

  113      In section 232(7) of the Employment Rights Act 1996 (definition of “catering

business”)—

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              (a)             in paragraph (a) for “intoxicating liquor” substitute “alcohol”, and

              (b)             for the words ““intoxicating liquor” has the same meaning as in the

Licensing Act 1964” substitute ““alcohol” has the same meaning as in

the Licensing Act 2003”.

 

 

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

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Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

  114     (1)      Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997

(confiscation of alcohol) is amended as follows.

          (2)      In subsection (1)—

              (a)             for “intoxicating liquor”, in each place it occurs, substitute “alcohol”,

5

              (b)             in paragraph (b) for “liquor” substitute “alcohol”, and

              (c)             for “such liquor” substitute “alcohol”.

          (3)      For subsection (7) substitute—

              “(7)                In this section—

                                      “alcohol”—

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                           (a)                          in relation to England and Wales, has the same

meaning as in the Licensing Act 2003;

                           (b)                          in relation to Northern Ireland, has the same meaning

as “intoxicating liquor” in the Licensing (Northern

Ireland) Order 1996; and

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                                      “licensed premises”—

                           (a)                          in relation to England and Wales, means premises

which may by virtue of Part 3 or Part 5 of the

Licensing Act 2003 (premises licence; permitted

temporary activity) be used for the supply of alcohol

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within the meaning of section 15 of that Act;

                           (b)                          in relation to Northern Ireland, has the same meaning

as in the Licensing (Northern Ireland) Order 1996.”

Police Act 1997 (c. 50)

  115      In section 115(5) of the Police Act 1997 (enhanced criminal record

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certificates), after paragraph (d) insert—

                    “(da)                      a personal licence under the Licensing Act 2003;”.

London Local Authorities Act 2000 (c. vii)

  116      In section 32 of the London Local Authorities Act 2000 (interpretation of

provisions about the licensing of buskers), in the definition of “busking”, for

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paragraph (b) substitute—

                 “(b)                        under and in accordance with a premises licence under

Part 3 of the Licensing Act 2003, or a temporary event

notice having effect under Part 5 of that Act, which

authorises the provision of regulated entertainment

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(within the meaning of paragraph 2(1)(e) to (h) or 3(2) of

Schedule 1 to that Act (music and dancing));”.

Private Security Industry Act 2001 (c. 12)

  117     (1)      Paragraph 8 of Schedule 2 to the Private Security Industry Act 2001 (door

supervisors etc. for licensed premises) is amended as follows.

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          (2)      In sub-paragraph (2), for paragraphs (a) to (d) substitute—

                             “(a)                               any premises in respect of which a premises licence

or temporary event notice has effect under the

 

 

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

    147

 

                             Licensing Act 2003 to authorise the supply of

alcohol (within the meaning of section 15 of that

Act) for consumption on the premises;

                             (b)                               any premises in respect of which a premises licence

or temporary event notice has effect under that Act

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to authorise the provision of regulated

entertainment;”.

          (3)      For sub-paragraph (3) substitute—

                           “(3)                  For the purposes of this paragraph, premises are not licensed

premises—

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                      (a)                        if there is in force in respect of the premises a premises

licence which authorises regulated entertainment within

paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act

2003 (plays and films);

                      (b)                        in relation to any occasion on which the premises are being

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used—

                             (i)                            exclusively for the purposes of a club which holds

a club premises certificate in respect of the

premises, or

                             (ii)                           for regulated entertainment of the kind mentioned

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in paragraph (a), in circumstances where that use is

a permitted temporary activity by virtue of Part 5

of that Act;

                      (c)                        in relation to any occasion on which a licence is in force in

respect of the premises under the Gaming Act 1968 (c. 65)

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and the premises are being used wholly or mainly for the

purposes of gaming to which Part 2 of that Act applies; or

                      (d)                        in relation to any such other occasion as may be prescribed

for the purposes of this sub-paragraph.”

          (4)      After sub-paragraph (5) insert—

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                           “(6)                  Sub-paragraphs (2)(a) and (b) and (3)(a) and (b) are to be

construed in accordance with the Licensing Act 2003.”

Criminal Justice and Police Act 2001 (c. 16)

  118      The Criminal Justice and Police Act 2001 is amended as follows.

  119      In section 1(1) (offences leading to penalties on the spot), at the end of the

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Table insert—

 

“Section 147(4) of the

Buying or attempting to buy

 
 

Licensing Act 2003

alcohol for consumption on

 
  

licensed premises, etc. by

 
  

child”

 

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  120      In section 12 (alcohol consumption in designated public place)—

              (a)             in subsections (1) and (2), for “intoxicating liquor”, in each place it

occurs, substitute “alcohol”, and

              (b)             in subsection (2) for “such liquor” substitute “alcohol”.

 

 

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

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  121      In section 13 (designated public places), in subsection (2) for “intoxicating

liquor” substitute “alcohol”.

  122     (1)      Section 14 (places which are not designated public places) is amended as

follows.

          (2)      In subsection (1)—

5

              (a)             for paragraphs (a) to (d) substitute—

                           “(a)                             premises in respect of which a premises licence or

club premises certificate, within the meaning of the

Licensing Act 2003, has effect;

                           (b)                             a place within the curtilage of premises within

10

paragraph (a);

                           (c)                             premises which by virtue of Part 5 of the Licensing

Act 2003 may for the time being be used for the

supply of alcohol or which, by virtue of that Part,

could have been so used within the last 20 minutes;”,

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and

              (b)             in paragraph (e), for “intoxicating liquor” substitute “alcohol”.

          (3)      Omit subsection (2).

  123      In section 15(1)(a) (byelaw prohibiting consumption of alcohol), for

“intoxicating liquor” substitute “alcohol”.

20

  124      In section 16(1) (interpretation of sections 12 to 15)—

              (a)             before the definition of “designated public place” insert—

                                      ““alcohol” has the same meaning as in the Licensing Act 2003;”,

              (b)             omit the definition of “intoxicating liquor”, and the word “and”

immediately following it, and

25

              (c)             after the definition of “public place” insert “; and

                                      “supply of alcohol” has the meaning given by section 15 of the

Licensing Act 2003”.

  125      In each of the following provisions, for “unlicensed sale of intoxicating

liquor” substitute “unauthorised sale of alcohol”—

30

              (a)             section 19(1) and (2) (service of closure notice by constable or local

authority),

              (b)             section 20(3)(a) (no application for closure order where unauthorised

sale of alcohol has ceased),

              (c)             section 21(1)(b) and (2)(b) (closure order),

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              (d)             section 27(6) (fixing notice on premises where personal service

cannot be effected).

  126      In section 28 (interpretation of provisions relating to closure of unlicensed

premises)—

              (a)             before the definition of “closure notice” insert—

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                                      ““alcohol” has the same meaning as in the Licensing Act 2003;”,

              (b)             omit the definition of “intoxicating liquor”, and

              (c)             for the definition of “unlicensed sale” substitute—

                                      ““unauthorised sale”, in relation to any alcohol, means any

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

45

the Licensing Act 2003) which—

 

 

 
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