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Licensing Bill [HL]


Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 4 — Miscellaneous and general

    170

 

Part 4

Miscellaneous and general

Consultation on licensing policy

  29       Until such time as section 59 of the 1964 Act (prohibition of sale, etc. of

alcohol except during permitted hours and in accordance with justices’

5

licence etc.) ceases to have effect in accordance with this Act, section 6(3) of

this Act (licensing authority’s duty to consult before determining licensing

policy) has effect as if for paragraphs (c) to (e) there were substituted—

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

representative of holders of existing licences (within the

10

meaning of Part 1 of Schedule 8) in respect of premises

situated in the authority’s area,

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

representative of clubs registered (within the meaning of the

Licensing Act 1964 (c. 26)) in respect of any premises situated

15

in the authority’s area,”.

Meaning of “methylated spirits” (transitory provision)

  30       Until such time as an order is made under subsection (6) of section 5 of the

Finance Act 1995 (c. 4) (denatured alcohol) bringing that section into force,

section 188 of this Act (meaning of “alcohol”) has effect as if—

20

              (a)             for subsection (1)(f) there were substituted—

                           “(f)                             methylated spirits”, and

              (b)             in subsection (2), the definition of “denatured alcohol” were omitted

and at the appropriate place there were inserted—

                                      ““methylated spirits” has the same meaning as in the Alcoholic

25

Liquor Duties Act 1979 (c. 4);”.

Savings

  31       Notwithstanding the repeal by this Act of Schedule 12 to the London

Government Act 1963 (c. 33) (licensing of public entertainment in Greater

London), or of any enactment amending that Schedule, that Schedule shall

30

continue to apply in relation to—

              (a)             licences granted under section 21 of the Greater London Council

(General Powers) Act 1966 (c. xxviii) (licensing of public exhibitions

in London), and

              (b)             licences granted under section 5 of the Greater London Council

35

(General Powers) Act 1978 (c. xiii) (licensing of entertainments

booking offices in London),

           as it applied before that repeal.

  32      (1)      In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982

(c. 30) (control of sex establishments), paragraph (ii) of the proviso of

40

paragraph 3A (as substituted by paragraph 84(3) of Schedule 6 to this Act)

does not apply in relation to a borough of a participating council (within the

meaning of section 2 of the London Local Authorities Act 1990 (c. vii)) which

has appointed a day under section 3 of that Act for the coming into force of

 

 

Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 4 — Miscellaneous and general

    171

 

  32      (1)      section 18 of that Act (repeal of paragraph (ii) of the proviso of paragraph 3A

of Schedule 3 to that Act).

          (2)      On or after the coming into force of paragraph 84(3) of Schedule 6 to this Act,

the reference in section 18 of that Act to paragraph (ii) of the proviso to

paragraph 3A of Schedule 3 to that Act is to be read as a reference to that

5

paragraph as substituted by paragraph 84(3) of Schedule 6 to this Act.

  33       Notwithstanding that by virtue of this Act the Cinemas Act 1985 (c. 13)

ceases to have effect in England and Wales, section 6 of that Act (other than

subsection (3)), and sections 5, 20 and 21 of that Act so far as relating to that

section, shall continue to have effect there for the purposes of—

10

              (a)             paragraph 3(2)(b) of Schedule 3 to the Local Government

(Miscellaneous Provisions) Act 1982 (definition of “sex cinema”), and

              (b)             section 3(6)(b) of the Video Recordings Act 1984 (c. 39) (exempted

supplies).

Interpretation

15

  34       In this Schedule—

                    “justices’ licence” means a justices’ licence under Part 1 of the 1964 Act;

                    “specified” means specified by order; and

                    “the 1964 Act” means the Licensing Act 1964 (c. 26).

 

 

Licensing Bill [HL]
Schedule 8 — Transitional provision etc.
Part 4 — Miscellaneous and general

    172

 

 

 
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