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Session 2002 - 03
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Licensing Bill [HL]


Licensing Bill [HL]
Part 5 — Permitted temporary activities

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 107   Duty to keep and produce temporary event notice

     (1)    This section applies whenever premises are being used for one or more

licensable activities which are or are purported to be permitted temporary

activities by virtue of this Part.

     (2)    The premises user must either—

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           (a)           secure that a copy of the temporary event notice is prominently

displayed at the premises, or

           (b)           meet the requirements of subsection (3).

     (3)    The requirements of this subsection are that the premises user must—

           (a)           secure that the temporary event notice is kept at the premises in—

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                  (i)                 his custody, or

                  (ii)                in the custody of a person who is present and working at the

premises and whom he has nominated for the purposes of this

section, and

           (b)           where the temporary event notice is in the custody of a person so

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nominated, secure that a notice specifying that fact and the position

held at the premises by that person is prominently displayed at the

premises.

     (4)    The premises user commits an offence if he fails, without reasonable excuse, to

comply with subsection (2).

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     (5)    Where—

           (a)           the temporary event notice is not displayed as mentioned in subsection

(2)(a), and

           (b)           no notice is displayed as mentioned in subsection (3)(b),

            a constable or authorised officer may require the premises user to produce the

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temporary event notice for examination.

     (6)    Where a notice is displayed as mentioned in subsection (3)(b), a constable or

authorised officer may require the person specified in that notice to produce

the temporary event notice for examination.

     (7)    An authorised officer exercising the power conferred by subsection (5) or (6)

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

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

a temporary event notice in accordance with a requirement under subsection

(5) or (6).

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

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

     (10)   In this section “authorised officer” has the meaning given in section 106(5).

Miscellaneous

 108   Theft, loss, etc. of temporary event notice

     (1)    Where a temporary event notice acknowledged under section 100 is lost,

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stolen, damaged or destroyed, the premises user may apply to the licensing

authority which acknowledged the notice (or, if there is more than one such

authority, any of them) for a copy of the notice.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

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     (2)    No application may be made under this section more than one month after the

end of the event period specified in the notice.

     (3)    The application must be accompanied by the prescribed fee.

     (4)    Where a licensing authority receives an application under this section, it must

issue the premises user with a copy of the notice (certified by the authority to

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be a true copy) if it is satisfied that—

           (a)           the notice has been lost, stolen, damaged or destroyed, and

           (b)           where it has been lost or stolen, the premises user has reported that loss

or theft to the police.

     (5)    The copy issued under this section must be a copy of the notice in the form it

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existed immediately before it was lost, stolen, damaged or destroyed.

     (6)    This Act applies in relation to a copy issued under this section as it applies in

relation to an original notice.

Part 6

Personal licences

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Introductory

 109   Personal licence

     (1)    In this Act “personal licence” means a licence which—

           (a)           is granted by a licensing authority to an individual, and

           (b)           authorises that individual to supply alcohol, or authorise the supply of

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alcohol, in accordance with a premises licence.

     (2)    In subsection (1)(b) the reference to an individual supplying alcohol is to him—

           (a)           selling by retail alcohol, or

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

member of the club.

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 110   The relevant licensing authority

For the purposes of this Part the “relevant licensing authority”, in relation to a

personal licence, is the Central Licensing Authority.

 111   Meaning of “relevant offence” and “foreign offence”

     (1)    In this Part “relevant offence” means an offence listed in Schedule 4.

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     (2)    The Secretary of State may by order amend that list so as to add, modify or omit

any entry.

     (3)    In this Part “foreign offence” means an offence (other than a relevant offence)

under the law of any place outside England and Wales.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    63

 

 112   Spent convictions

For the purposes of this Part a conviction for a relevant offence or a foreign

offence must be disregarded if it is spent for the purposes of the Rehabilitation

of Offenders Act 1974 (c. 53).

 113   Period of validity of personal licence

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     (1)    A personal licence—

           (a)           has effect for an initial period of ten years beginning with the date on

which it is granted, and

           (b)           may be renewed in accordance with this Part for further periods of ten

years at a time.

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     (2)    Subsection (1) is subject to subsections (3) and (4) and to—

           (a)           section 114 (surrender),

           (b)           section 117 (continuation of licence pending renewal), and

           (c)           paragraph 17 of Schedule 5 (continuation of licence pending disposal of

appeal).

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     (3)    A personal licence ceases to have effect when it is revoked under section 122 or

forfeited under section 127.

     (4)    And a personal licence does not have effect during any period when it is

suspended under section 127.

     (5)    Subsections (3) and (4) are subject to any court order under sections 127(4) or

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128.

 114   Surrender of personal licence

     (1)    Where the holder of a personal licence wishes to surrender his licence he may

give the relevant licensing authority a notice to that effect.

     (2)    The notice must be accompanied by the personal licence or, if that is not

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practicable, by a statement of the reasons for the failure to provide the licence.

     (3)    Where a notice of surrender is given in accordance with this section, the

personal licence lapses on receipt of the notice by the authority.

Grant and renewal of licences

 115   Application for grant or renewal of personal licence

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     (1)    An individual may apply—

           (a)           for the grant of a personal licence, or

           (b)           for the renewal of a personal licence held by him.

     (2)           An application for the grant of a personal licence must be made to the Central

Licensing Authority.

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     (3)    An application for the renewal of a personal licence must be made to the

relevant licensing authority.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    64

 

     (4)    Where the application is for renewal of a personal licence, the application must

be accompanied by the personal licence or, if that is not practicable, by a

statement of the reasons for the failure to provide the licence.

     (5)    Subsection (1) is subject to regulations under section 131 (form etc. of

applications and notices under this Part).

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     (6)    An application for renewal may be made only during the period of two months

beginning three months before the time the licence would expire in accordance

with section 113(1) if no application for renewal were made.

 116   Individual permitted to hold only one personal licence

     (1)    An individual who makes an application for the grant of a personal licence

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under section 115 (“the initial application”) may not make another such

application until the initial application has been determined by the Central

Licensing Authority.

     (2)    A personal licence is void if, at the time it is granted, the individual to whom it

is granted already holds a personal licence.

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 117   Licence continued pending renewal

     (1)    Where—

           (a)           an application for renewal is made in accordance with section 115, and

           (b)           the application has not been determined before the time the licence

would, in the absence of this section, expire,

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            then, by virtue of this section, the licence continues to have effect for the period

beginning with that time and ending with the determination or withdrawal of

the application.

     (2)    Subsection (1) is subject to section 113(3) and (4) (revocation, forfeiture and

suspension) and section 114 (surrender).

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 118   Determination of application for grant

     (1)    This section applies where an application for the grant of a personal licence is

made to a licensing authority in accordance with section 115.

     (2)    The authority must grant the licence if it appears to it that—

           (a)           the applicant is aged 18 or over,

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           (b)           he possesses a licensing qualification or is a person of a prescribed

description,

           (c)           no personal licence held by him has been forfeited in the period of five

years ending with the day the application was made, and

           (d)           he has not been convicted of any relevant offence or any foreign

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offence.

     (3)    The authority must reject the application if it appears to it that the applicant

fails to meet the condition in paragraph (a), (b) or (c) of subsection (2).

     (4)    If it appears to the authority that the applicant meets the conditions in

paragraphs (a), (b) and (c) of that subsection but fails to meet the condition in

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paragraph (d) of that subsection, the authority must give the chief officer of

police for its area a notice to that effect.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

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     (5)    Where, having regard to—

           (a)           any conviction of the applicant for a relevant offence, and

           (b)           any conviction of his for a foreign offence which the chief officer of

police considers to be comparable to a relevant offence,

            the chief officer of police is satisfied that granting the licence would undermine

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the crime prevention objective, he must, within the period of 14 days beginning

with the day he received the notice under subsection (4), give the authority a

notice stating the reasons why he is so satisfied (“an objection notice”).

     (6)    Where no objection notice is given within that period (or the notice is

withdrawn), the authority must grant the application.

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     (7)    In any other case, the authority—

           (a)           must hold a hearing to consider the objection notice, unless the

applicant, the chief officer of police and the authority agree that it is

unnecessary, and

           (b)           having regard to the notice, must—

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                  (i)                 reject the application if it considers it necessary for the

promotion of the crime prevention objective to do so, and

                  (ii)                grant the application in any other case.

     (8)    In this section “licensing qualification” means—

           (a)           a qualification—

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                  (i)                 accredited at the time of its award, and

                  (ii)                awarded by a body accredited at that time,

           (b)           a qualification awarded before the coming into force of this section

which the Secretary of State certifies is to be treated for the purposes of

this section as if it were a qualification within paragraph (a), or

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           (c)           a qualification obtained in Scotland or Northern Ireland or in an EEA

State (other than the United Kingdom) which is equivalent to a

qualification within paragraph (a) or (b).

     (9)    For this purpose—

                    “accredited” means accredited by the Secretary of State; and

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                    “EEA State” means a state which is a contracting party to the Agreement

on the European Economic Area signed at Oporto on 2nd May 1992, as

adjusted by the Protocol signed at Brussels on 17th March 1993.

 119   Determination of application for renewal

     (1)    This section applies where an application for the renewal of a personal licence

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is made to the relevant licensing authority in accordance with section 115.

     (2)    If it appears to the authority that the applicant has been convicted of any

relevant offence or foreign offence since the relevant time, the relevant

licensing authority must give notice to that effect to the chief officer of police

for its area.

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     (3)    Where, having regard to—

           (a)           any conviction of the applicant for a relevant offence, and

           (b)           any conviction of his for a foreign offence which the chief officer of

police considers to be comparable to a relevant offence,

            the chief officer of police is satisfied that renewing the licence would

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undermine the crime prevention objective, he must, within the period of 14

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    66

 

            days beginning with the day he received the notice under subsection (2), give

the authority a notice stating the reasons why he is so satisfied (“an objection

notice”).

     (4)    For the purposes of subsection (3)(a) and (b) it is irrelevant whether the

conviction occurred before or after the relevant time.

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     (5)    Where no objection notice is given within that period (or any such notice is

withdrawn), the authority must grant the application.

     (6)    In any other case, the authority—

           (a)           must hold a hearing to consider the objection notice unless the

applicant, the chief officer of police and the authority agree that it is

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unnecessary, and

           (b)           having regard to the notice, must—

                  (i)                 reject the application if it considers it necessary for the

promotion of the crime prevention objective to do so, and

                  (ii)                grant the application in any other case.

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     (7)    In this section “the relevant time” means—

           (a)           if the personal licence has not been renewed since it was granted, the

time it was granted, and

           (b)           if it has been renewed, the last time it was renewed.

 120   Notification of determinations

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     (1)    Where a licensing authority grants an application—

           (a)           it must give the applicant and the chief officer of police for its area a

notice to that effect, and

           (b)           if the chief officer of police gave an objection notice (which was not

withdrawn), the notice under paragraph (a) must contain a statement

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of the licensing authority’s reasons for granting the application.

     (2)    A licensing authority which rejects an application must give the applicant and

the chief officer of police for its area a notice to that effect containing a

statement of the authority’s reasons for rejecting the application.

     (3)    In this section—

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                    “application” means an application for the grant or renewal of a personal

licence; and

                    “objection notice” has the meaning given in section 118 or 119, as the case

may be.

 121   Duty to notify licensing authority of convictions during application period

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     (1)    Where an applicant for the grant or renewal of a personal licence is convicted

of a relevant offence or a foreign offence during the application period, he must

as soon as reasonably practicable notify the conviction to the Central Licensing

Authority.

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

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with subsection (1).

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

conviction to a fine not exceeding level 4 on the standard scale.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    67

 

     (4)    In this section “the application period” means the period that—

           (a)           begins when the application for grant or renewal is made, and

           (b)           ends when the application is determined or withdrawn.

 122   Convictions coming to light after grant or renewal

     (1)    This section applies where, after a licensing authority has granted or renewed

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a personal licence, it becomes aware (whether by virtue of section 121(1), 129

or 130 or otherwise) that the holder of a personal licence (“the offender”) was

convicted during the application period of any relevant offence or foreign

offence.

     (2)    The licensing authority must give a notice to that effect to the chief officer of

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police for its area.

     (3)    Where, having regard to—

           (a)           any conviction of the applicant for a relevant offence, and

           (b)           any conviction of his for a foreign offence which the chief officer of

police considers to be comparable to a relevant offence,

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            which occurred before the end of the application period, the chief officer of

police is satisfied that continuation of the licence would undermine the crime

prevention objective, he must, within the period of 14 days beginning with the

day he received the notice under subsection (2), give the authority a notice

stating the reasons why he is so satisfied (“an objection notice”).

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     (4)    Where an objection notice is given within that period (and not withdrawn), the

authority—

           (a)           must hold a hearing to consider the objection notice, unless the holder

of the licence, the chief officer of police and the authority agree it is

unnecessary, and

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           (b)           having regard to the notice, must revoke the licence if it considers it

necessary for the promotion of the crime prevention objective to do so.

     (5)    Where the authority revokes or decides not to revoke a licence under

subsection (4) it must notify the offender and the chief officer of police of the

decision and its reasons for making it.

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     (6)    A decision 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.

     (7)    In this section “application period”, in relation to the grant or renewal of a

personal licence, means the period that—

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           (a)           begins when the application for the grant or renewal is made, and

           (b)           ends at the time of the grant or renewal.

 123   Form of personal licence

     (1)    Where a licensing authority grants a personal licence, it must forthwith issue

the applicant with the licence.

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     (2)    The licence must—

           (a)           specify the holder’s name and address, and

           (b)           identify the licensing authority which granted it.

 

 

 
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