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Licensing Bill [HL]


Licensing Bill [HL]
Part 4 — Clubs

    45

 

Duration of certificate

 78    Period of validity of club premises certificate

     (1)    A club premises certificate has effect until such time as—

           (a)           it is withdrawn under section 86 or 88, or

           (b)           it lapses by virtue of section 79(3) (surrender).

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     (2)    But a club premises certificate does not have effect during any period when it

is suspended under section 86.

 79    Surrender of club premises certificate

     (1)    Where a club which holds a club premises certificate decides to surrender it,

the club may give the relevant licensing authority a notice to that effect.

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     (2)    The notice must be accompanied by the club premises certificate or, if that is

not practicable, by a statement of the reasons for the failure to produce the

certificate.

     (3)    Where a notice is given in accordance with this section, the certificate lapses on

receipt of the notice by the authority.

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Duty to notify certain changes

 80    Notification of change of name or alteration of rules of club

     (1)    Where a club—

           (a)           holds a club premises certificate, or

           (b)           has made an application for a club premises certificate which has not

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been determined by the relevant licensing authority,

            the secretary of the club must give the relevant licensing authority notice of any

change in the name, or alteration made to the rules, of the club.

     (2)    Subsection (1) is subject to regulations under section 90(1) (power to prescribe

fee to accompany application).

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     (3)    A notice under subsection (1) by a club which holds a club premises certificate

must be accompanied by the certificate or, if that is not practicable, by a

statement of the reasons for the failure to produce the certificate.

     (4)    An authority notified under this section of a change in the name, or alteration

to the rules, of a club must amend the club premises certificate accordingly.

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     (5)    But nothing in subsection (4) requires or authorises the making of any

amendment to a club premises certificate so as to change the premises to which

the certificate relates (and no amendment made under that subsection to a club

premises certificate has effect so as to change those premises).

     (6)    If a notice required by this section is not given within the 28 days following the

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day on which the change of name or alteration to the rules is made, the

secretary of the club commits an offence.

     (7)    A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

 

 

Licensing Bill [HL]
Part 4 — Clubs

    46

 

 81    Change of relevant registered address of club

     (1)    A club which holds a club premises certificate may give the relevant licensing

authority notice of any change desired to be made in the address which is to be

the club’s relevant registered address.

     (2)    If a club which holds a club premises certificate ceases to have any authority to

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make use of the address which is its relevant registered address, it must as soon

as reasonably practicable give to the relevant licensing authority notice of the

change to be made in the address which is to be the club’s relevant registered

address.

     (3)    Subsections (1) and (2) are subject to regulations under section 90(1) (power to

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prescribe fee to accompany application).

     (4)    A notice under subsection (1) or (2) must also be accompanied by the club

premises certificate or, if that is not practicable, by a statement of the reasons

for the failure to produce the certificate.

     (5)    An authority notified under subsection (1) or (2) of a change to be made in the

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relevant registered address of a club must amend the club premises certificate

accordingly.

     (6)    If a club fails, without reasonable excuse, to comply with subsection (2) the

secretary commits an offence.

     (7)    A person guilty of an offence under subsection (6) is liable on summary

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conviction to a fine not exceeding level 2 on the standard scale.

     (8)    In this section “relevant registered address” has the meaning given in section

181(7).

Variation of certificates

 82    Application to vary club premises certificate

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     (1)    A club which holds a club premises certificate may apply to the relevant

licensing authority for variation of the certificate.

     (2)    Subsection (1) is subject to regulations under—

           (a)           section 89 (form etc. of applications);

           (b)           section 90 (fees to accompany applications).

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     (3)    An application under this section must also be accompanied by the club

premises certificate or, if that is not practicable, by a statement of the reasons

for the failure to provide the certificate.

     (4)    The duty to make regulations imposed on the Secretary of State by subsection

(6) of section 71 (advertisement etc. of application) applies in relation to

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applications under this section as it applies in relation to applications under

that section.

 83    Determination of application under section 82

     (1)    This section applies where the relevant licensing authority—

           (a)           receives an application, made in accordance with section 82, to vary a

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club premises certificate, and

 

 

Licensing Bill [HL]
Part 4 — Clubs

    47

 

           (b)           is satisfied that the applicant has complied with any requirement

imposed by virtue of subsection (4) of that section.

     (2)    Subject to subsection (3) and section 84(4), the authority must grant the

application.

     (3)    Where relevant representations are made, the authority must—

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           (a)           hold a hearing to consider them, unless the authority, the applicant and

each person who has made such representations agree that a hearing is

unnecessary, and

           (b)           having regard to the representations, take such of the steps mentioned

in subsection (4) (if any) as it considers necessary for the promotion of

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the licensing objectives.

     (4)    The steps are—

           (a)           to modify the conditions of the certificate;

           (b)           to reject the whole or part of the application;

            and for this purpose the conditions of the certificate are modified if any of them

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is altered or omitted or any new condition is added.

     (5)    In this section “relevant representations” means representations which—

           (a)           are about the likely effect of the grant of the application on the

promotion of the licensing objectives, and

           (b)           meet the requirements of subsection (6).

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     (6)    The requirements are—

           (a)           that the representations are made by an interested party or responsible

authority within the period prescribed under section 71(6)(c) by virtue

of section 82(4),

           (b)           that they have not been withdrawn, and

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           (c)           in the case of representations made by an interested party (who is not

also a responsible authority), that they are not, in the opinion of the

relevant licensing authority, frivolous or vexatious.

 84    Supplementary provision about applications under section 82

     (1)    Where an application (or any part of an application) is granted under section

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83, the relevant licensing authority must forthwith give a notice to that effect

to—

           (a)           the applicant,

           (b)           any person who made relevant representations in respect of the

application, and

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           (c)           the chief officer of police for the police area (or each police area) in

which the premises are situated.

     (2)    Where relevant representations were made in respect of the application, the

notice under subsection (1) must specify the authority’s reasons for its decision

as to the steps (if any) to take under section 83(3)(b).

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     (3)    The notice under subsection (1) must specify the time when the variation in

question takes effect.

            That time is the time specified in the application or, if that time is before the

applicant is given the notice, such later time as the relevant licensing authority

specifies in the notice.

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Licensing Bill [HL]
Part 4 — Clubs

    48

 

     (4)    Where an application (or any part of an application) is rejected under section

83, the relevant licensing authority must forthwith give a notice to that effect

stating its reasons for rejecting the application to—

           (a)           the applicant,

           (b)           any person who made relevant representations, and

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           (c)           the chief officer of police for the police area (or each police area) in

which the premises are situated.

     (5)    Where the relevant licensing authority determines for the purposes of section

83(6)(c) that any representations are frivolous or vexatious, it must give the

person who made them its reasons for that determination.

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     (6)    A club premises certificate may not be varied under section 83 so as to vary

substantially the premises to which it relates.

     (7)    In discharging its duty under subsection (2) or (3) of that section, a licensing

authority may vary a club premises certificate so that it has effect subject to

different conditions in respect of—

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           (a)           different parts of the premises concerned;

           (b)           different qualifying club activities.

     (8)    In this section “relevant representations” has the meaning given in section

83(5).

Review of certificates

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 85    Application for review of club premises certificate

     (1)    Where a club holds a club premises certificate—

           (a)           an interested party,

           (b)           a responsible authority, or

           (c)           a member of the club,

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            may apply to the relevant licensing authority for a review of the certificate.

     (2)    Subsection (1) is subject to regulations under section 89 (form etc. of

applications).

     (3)    The Secretary of State must by regulations under this section—

           (a)           require the applicant to give a notice containing details of the

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application to the club and each responsible authority within such

period as may be prescribed;

           (b)           require the authority to advertise the application, and invite

representations relating to it to be made, to the authority;

           (c)           prescribe the period during which representations may be made by the

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club, any responsible authority and any interested party;

           (d)           require any notice under paragraph (a) or advertisement under

paragraph (b) to specify that period.

     (4)    The relevant licensing authority may, at any time, reject any ground for review

specified in an application under this section if it is satisfied—

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           (a)           that the ground is not relevant to one or more of the licensing

objectives, or

           (b)           in the case of an application made by a person other than a responsible

authority, that—

 

 

Licensing Bill [HL]
Part 4 — Clubs

    49

 

                  (i)                 the ground is frivolous or vexatious, or

                  (ii)                the ground is a repetition.

     (5)    For this purpose a ground for review is a repetition if—

           (a)           it is identical or substantially similar to—

                  (i)                 a ground for review specified in an earlier application for

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review made in respect of the same club premises certificate and

determined under section 86, or

                  (ii)                representations considered by the relevant licensing authority

in accordance with section 72, before it determined the

application for the club premises certificate under that section,

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and

           (b)           a reasonable interval has not elapsed since that earlier application or

that grant.

     (6)    Where the authority rejects a ground for review under subsection (4)(b), it

must notify the applicant of its decision and, if the ground was rejected because

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it was frivolous or vexatious, the authority must notify him of its reasons for

making that decision.

     (7)    The application is to be treated as rejected to the extent that any of the grounds

for review are rejected under subsection (4).

            Accordingly, the requirements imposed under subsection (3)(a) and (b) and by

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section 86 (so far as not already met) apply only to so much (if any) of the

application as has not been rejected.

 86    Determination of application for review

     (1)    This section applies where—

           (a)           the relevant licensing authority receives an application made in

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accordance with section 85,

           (b)           the applicant has complied with any requirement imposed by virtue of

subsection (3)(a) or (d) of that section, and

           (c)           the authority has complied with any requirement imposed on it under

subsection (3)(b) or (d) of that section.

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     (2)    Before determining the application, the authority must hold a hearing to

consider it and any relevant representations.

     (3)    The authority must, having regard to the application and any relevant

representations, take such of the steps mentioned in subsection (4) (if any) as it

considers necessary for the promotion of the licensing objectives.

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     (4)    The steps are—

           (a)           to modify the conditions of the certificate;

           (b)                                                                                                                                         to exclude a qualifying club activity from the scope of the certificate;

           (c)           to suspend the certificate for a period not exceeding three months;

           (d)           to withdraw the certificate;

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            and for this purpose the conditions of the certificate are modified if any of them

is altered or omitted or any new condition is added.

     (5)    Where the authority takes a step within subsection (4)(a) or (b), it may provide

that the modification or exclusion is to have effect for only such period (not

exceeding three months) as it may specify.

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Licensing Bill [HL]
Part 4 — Clubs

    50

 

     (6)    In this section “relevant representations” means representations which—

           (a)           are relevant to one or more of the licensing objectives, and

           (b)           meet the requirements of subsection (7).

     (7)    The requirements are—

           (a)           that the representations are made by the club, a responsible authority

5

or an interested party within the period prescribed under section

85(3)(c),

           (b)           that they have not been withdrawn, and

           (c)           if they are made by an interested party (who is not also a responsible

authority), that they are not, in the opinion of the relevant licensing

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authority, frivolous or vexatious.

     (8)    Where the relevant licensing authority determines that any representations are

frivolous or vexatious, it must give the person who made them its reasons for

that determination.

     (9)    Where a licensing authority determines an application for review under this

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section it must notify the determination and its reasons for making it to—

           (a)           the club,

           (b)           the applicant,

           (c)           any person who made relevant representations, and

           (d)           the chief officer of police for the police area (or each police area) in

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which the premises are situated.

     (10)   A determination under this section does not have effect—

           (a)           until the end of the period given for appealing against the decision, or

           (b)           if the decision is appealed against, until the appeal is disposed of.

 87    Supplementary provision about review

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     (1)    This section applies where a local authority is both—

           (a)           the relevant licensing authority, and

           (b)           a responsible authority,

            in respect of any premises.

     (2)    The authority may, in its capacity as responsible authority, apply under section

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85 for a review of any club premises certificate in respect of the premises.

     (3)    The authority may in its capacity as licensing authority determine that

application.

Withdrawal of certificates

 88    Club ceasing to be a qualifying club

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     (1)    Where—

           (a)           a club holds a club premises certificate, and

           (b)           it appears to the relevant licensing authority that the club does not

satisfy the conditions for being a qualifying club in relation to a

qualifying club activity to which the certificate relates (see section 61),

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            the authority must give a notice to the club withdrawing the certificate, so far

as relating to that activity.

 

 

Licensing Bill [HL]
Part 4 — Clubs

    51

 

     (2)    Where the only reason that the club does not satisfy the conditions for being a

qualifying club in relation to the activity in question is that the club has fewer

than the required number of members, the notice withdrawing the certificate

must state that the withdrawal—

           (a)           does not take effect until immediately after the end of the period of

5

three months following the date of the notice, and

           (b)           will not take effect if, at the end of that period, the club again has at least

the required number of members.

     (3)    The references in subsection (2) to the required number of members are

references to the minimum number of members required by condition 4 in

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section 62(5) (25 at the passing of this Act).

     (4)    Nothing in subsection (2) prevents the giving of a further notice of withdrawal

under this section at any time.

     (5)    Where a justice of the peace is satisfied, on information on oath, that there are

reasonable grounds for believing—

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           (a)           that a club which holds a club premises certificate does not satisfy the

conditions for being a qualifying club in relation to a qualifying club

activity to which the certificate relates, and

           (b)           that evidence of that fact is to be obtained at the premises to which the

certificate relates,

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            he may issue a warrant authorising a constable to enter the premises, if

necessary by force, at any time within one month from the time of the issue of

the warrant, and search them.

     (6)    A person who enters premises under the authority of a warrant under

subsection (5) may seize and remove any documents relating to the business of

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the club in question.

General provision

 89    Form etc. of applications and notices under Part 4

In relation to any application or notice under this Part, regulations may

prescribe—

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           (a)           its form;

           (b)           the manner in which it is to be made or given;

           (c)           information and documents that must accompany it.

 90    Fees

     (1)    Regulations may—

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           (a)           require applications under any provision of this Part (other than section

85) to be accompanied by a fee, and

           (b)           prescribe the amount of the fee.

     (2)    Regulations may also require the payment of an annual fee to the relevant

licensing authority by or on behalf of a club which holds a club premises

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certificate.

     (3)    Regulations under subsection (2) may include provision—

 

 

 
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