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Licensing Bill [HL]


Licensing Bill [HL]
Part 4 — Clubs

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           (a)           imposing liability for the making of the payment on the secretary or

such other officers or members of the club as may be prescribed,

           (b)           prescribing the amount of any such fee, and

           (c)           prescribing the time at which any such fee is due.

     (4)    Any fee which is owed to a licensing authority under subsection (2) may be

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recovered as a debt due to the authority from any person liable to make the

payment by virtue of subsection (3)(a).

Production of certificate, rights of entry, etc.

 91    Licensing authority’s duty to update club premises certificate

     (1)    Where—

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           (a)           the relevant licensing authority, in relation to a club premises

certificate, makes a determination or receives a notice under this Part,

or

           (b)           an appeal against a decision under this Part is disposed of,

            the relevant licensing authority must make the appropriate amendments (if

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any) to the certificate and, if necessary, issue a new summary of the certificate.

     (2)    Where a licensing authority is not in possession of the club premises certificate,

it may, for the purpose of discharging its obligations under subsection (1),

require the secretary of the club to produce the certificate to the authority

within 14 days from the date on which the club is notified of the requirement.

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     (3)    A person commits an offence if he fails, without reasonable excuse, to comply

with a requirement under subsection (2).

     (4)    A person guilty of an offence under subsection (3) is liable on summary

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

 92    Duty to keep and produce certificate

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     (1)    This section applies whenever premises in respect of which a club premises

certificate has effect are being used for one or more qualifying club activities

authorised by the certificate.

     (2)    The secretary of the club must secure that the certificate, or a certified copy of

it, is kept at the premises in the custody or under the control of a person (the

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“nominated person”) who—

           (a)           falls within subsection (3),

           (b)           has been nominated for the purpose by the secretary in writing, and

           (c)           has been identified to the relevant licensing authority in a notice given

by the secretary.

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     (3)    The persons who fall within this subsection are—

           (a)           the secretary of the club,

           (b)           any member of the club,

           (c)           any person who works at the premises for the purposes of the club.

     (4)    The nominated person must secure that—

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           (a)           the summary of the certificate or a certified copy of that summary, and

           (b)           a notice specifying the position which he holds at the premises,

 

 

Licensing Bill [HL]
Part 4 — Clubs

    53

 

            are prominently displayed at the premises.

     (5)    The secretary commits an offence if he fails, without reasonable excuse, to

comply with subsection (2).

     (6)    The nominated person commits an offence if he fails, without reasonable

excuse, to comply with subsection (4).

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     (7)    A constable or an authorised person may require the nominated person to

produce the club premises certificate (or certified copy) for examination.

     (8)    An authorised person exercising the power conferred by subsection (7) must,

if so requested, produce evidence of his authority to exercise the power.

     (9)    A person commits an offence if he fails, without reasonable excuse, to produce

10

a club premises certificate or certified copy of a club premises certificate in

accordance with a requirement under subsection (7).

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

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

     (11)   In subsection (4) the reference to the summary of the certificate is a reference to

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the summary issued under section 75 or, where one or more summaries have

subsequently been issued under section 91, the most recent summary to be so

issued.

     (12)   Section 93 makes provision about certified copies of club premises certificates

and of summaries of club premises certificates for the purposes of this section.

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 93    Provision supplementary to section 92

     (1)    Any reference in section 92 to a certified copy of a document is a reference to a

copy of the document which is certified to be a true copy by—

           (a)           the relevant licensing authority,

           (b)           a solicitor or notary, or

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           (c)           a person of a prescribed description.

     (2)    Any certified copy produced in accordance with a requirement under

subsection 92(7) must be a copy of the document in the form in which it exists

at the time.

     (3)    A document which purports to be a certified copy of a document is to be taken

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to be such a copy, and to comply with the requirements of subsection (2),

unless the contrary is shown.

 94    Inspection of premises before grant of certificate etc.

     (1)    Subsection (2) applies where—

           (a)           a club applies for a club premises certificate in respect of any premises,

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           (b)           a club applies under section 82 for the variation of a club premises

certificate held by it, or

           (c)           an application is made under section 85 for review of a club premises

certificate.

     (2)     On production of his authority—

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           (a)           an authorised person, or

           (b)           a constable authorised by the chief officer of police,

 

 

Licensing Bill [HL]
Part 5 — Permitted temporary activities

    54

 

            may enter and inspect the premises.

     (3)    Any entry and inspection under this section must take place at a reasonable

time on a day—

           (a)           which is not more than 14 days after the making of the application in

question, and

5

           (b)           which is specified in the notice required by subsection (4).

     (4)    Before an authorised person or constable enters and inspects any premises

under this section, at least 48 hours’ notice must be given to the club.

     (5)    Any person obstructing an authorised person in the exercise of the power

conferred by this section commits an offence.

10

     (6)    A person guilty of an offence under subsection (5) is liable on summary

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

     (7)    The relevant licensing authority may, on the application of a responsible

authority, extend by not more than 7 days the time allowed for carrying out an

entry and inspection under this section.

15

     (8)    The relevant licensing authority may allow such an extension of time only if it

appears to the authority that—

           (a)           reasonable steps had been taken for an authorised person or constable

authorised by the applicant to inspect the premises in good time, but

           (b)           it was not possible for the inspection to take place within the time

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allowed.

 95    Other powers of entry and search

     (1)    Where a club premises certificate has effect in respect of any premises, a

constable may enter and search the premises if he has reasonable cause to

believe—

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           (a)           that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs

Act 1971 (c. 38) (supplying or offering to supply, or being concerned in

supplying or making an offer to supply, a controlled drug) has been, is

being, or is about to be, committed there, or

           (b)           that there is likely to be a breach of the peace there.

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     (2)    A constable exercising any power conferred by this section may, if necessary,

use reasonable force.

Part 5

Permitted temporary activities

Introductory

35

 96    Meaning of “permitted temporary activity”

     (1)    A licensable activity is a permitted temporary activity by virtue of this Part if—

           (a)           it is carried on in accordance with a notice given in accordance with

section 98, and

           (b)           the following conditions are satisfied.

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Licensing Bill [HL]
Part 5 — Permitted temporary activities

    55

 

     (2)    The first condition is that the requirements of sections 100 (acknowledgement

of notice) and 102(1) (notification of police) are met in relation to the notice.

     (3)    The second condition is that the notice has not been withdrawn under this Part.

     (4)    The third condition is that no counter notice has been given under this Part in

respect of the notice.

5

 97    The relevant licensing authority

In this Part references to the “relevant licensing authority”, in relation to any

premises, are references to—

           (a)           the licensing authority in whose area the premises are situated, or

           (b)           where the premises are situated in the areas of two or more licensing

10

authorities, each of those authorities.

Temporary event notices

 98    Temporary event notice

     (1)    Where it is proposed to use premises for one or more licensable activities

during a period not exceeding 72 hours, an individual may give to the relevant

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licensing authority notice of that proposal (a “temporary event notice”).

     (2)    In this Act, the “premises user”, in relation to a temporary event notice, is the

individual who gave the notice.

     (3)    An individual may not give a temporary event notice unless he is aged 18 or

over.

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     (4)    A temporary event notice must be in the prescribed form and contain—

           (a)           a statement of the matters mentioned in subsection (5),

           (b)           where subsection (6) applies, a statement of the condition mentioned in

that subsection, and

           (c)           such other information as may be prescribed.

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     (5)    Those matters are—

           (a)           the licensable activities to which the proposal mentioned in subsection

(1) relates (“the relevant licensable activities”),

           (b)           the period (not exceeding 72 hours) during which it is proposed to use

the premises for those activities (“the event period”),

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           (c)           the times during the event period when the premises user proposes that

those licensable activities shall take place,

           (d)           the maximum number of persons (being a number less than 500) which

the premises user proposes should, during those times, be allowed on

the premises at the same time,

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           (e)           where the relevant licensable activities include the supply of alcohol,

whether supplies are proposed to be for consumption on the premises

or off the premises, or both, and

           (f)           such other matters as may be prescribed.

     (6)    Where the relevant licensable activities include the supply of alcohol, the

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notice must make it a condition of using the premises for such supplies that all

such supplies are made by or under the authority of the premises user.

 

 

Licensing Bill [HL]
Part 5 — Permitted temporary activities

    56

 

     (7)    The temporary event notice—

           (a)           must be given to the relevant licensing authority (in duplicate) no later

than ten working days before the day on which the event period begins,

and

           (b)           must be accompanied by the prescribed fee.

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     (8)    In this section “supply of alcohol” means—

           (a)           the sale by retail of alcohol, or

           (b)           the supply of alcohol by or on behalf of a club to, or to the order of, a

member of the club.

 99    Minimum of 24 hours between event periods

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     (1)    A temporary event notice (“notice A”) given by an individual (“the relevant

premises user”) is void if the event period specified in it does not—

           (a)           end at least 24 hours before the event period specified in any other

temporary event notice given by the relevant premises user in respect

of the same premises before or at the same time as notice A, or

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           (b)           begin at least 24 hours after the event period specified in any other such

notice.

     (2)    For the purposes of subsection (1)—

           (a)           any temporary event notice in respect of which a counter notice has

been given under this Part or which has been withdrawn under section

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101 is to be disregarded;

           (b)           a temporary event notice given by an individual who is an associate of

the relevant premises user is to be treated as a notice given by the

relevant premises user;

           (c)           a temporary event notice (“notice B”) given by an individual who is in

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business with the relevant premises user is to be treated as a notice

given by the relevant premises user if—

                  (i)                 that business relates to one or more licensable activities, and

                  (ii)                notice A and notice B relate to one or more licensable activities

to which the business relates (although not necessarily the same

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activity or activities);

           (d)           two temporary event notices are in respect of the same premises if the

whole or any part of the premises in respect of which one of the notices

is given includes or forms part of the premises in respect of which the

other notice is given.

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     (3)    For the purposes of this section an individual is an associate of another person

if he is—

           (a)           the spouse of that person,

           (b)           a child, parent, grandchild, grandparent, brother or sister of that

person,

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           (c)           an agent or employee of that person, or

           (d)           the spouse of a person within paragraph (b) or (c).

     (4)    For the purposes of subsection (3) a person living with another as that person’s

husband or wife is to be treated as that person’s spouse.

 

 

 
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