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Licensing Bill [HL]


Licensing Bill [HL]
Part 6 — Personal licences

    68

 

     (3)    It must also contain a record of each relevant offence and each foreign offence

of which the holder has been convicted, the date of each conviction and the

sentence imposed in respect of it.

     (4)    Subject to subsections (2) and (3), the licence must be in the prescribed form.

 124   Theft, loss, etc. of personal licence

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     (1)    Where a personal licence is lost, stolen, damaged or destroyed, the holder of

the licence may apply to the relevant licensing authority for a copy of the

licence.

     (2)    Subsection (1) is subject to regulations under section 131(2) (power to prescribe

fee to accompany application).

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     (3)    Where the relevant licensing authority receives an application under this

section, it must issue the licence holder with a copy of the licence (certified by

the authority to be a true copy) if it is satisfied that—

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

           (b)           where it has been lost or stolen, the holder of the licence has reported

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the loss or theft to the police.

     (4)    The copy issued under this section must be a copy of the licence in the form in

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

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

relation to an original licence.

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Duty to notify certain changes

 125   Duty to notify change of name or address

     (1)    The holder of a personal licence must, as soon as reasonably practicable, notify

the relevant licensing authority of any change in his name or address as stated

in the personal licence.

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     (2)    Subsection (1) is subject to regulations under section 131(2) (power to prescribe

fee to accompany notice).

     (3)    A notice under subsection (1) must also 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.

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

with this section.

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

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

Conviction of licence holder for relevant offence

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 126   Duty to notify court of personal licence

     (1)    Where the holder of a personal licence is charged with a relevant offence, he

must, no later than the time he makes his first appearance in a magistrates’

court in connection with that offence—

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    69

 

           (a)           produce to the court the personal licence, or

           (b)           if that is not practicable, notify the court of the existence of the personal

licence and the identity of the relevant licensing authority and of the

reasons why he cannot produce the licence.

     (2)    Subsection (3) applies where a person charged with a relevant offence is

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granted a personal licence—

           (a)           after his first appearance in a magistrates’ court in connection with that

offence, but

           (b)           before—

                  (i)                 his conviction, and sentencing for the offence, or his acquittal,

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or,

                  (ii)                where an appeal is brought against his conviction, sentence or

acquittal, the disposal of that appeal.

     (3)    At his next appearance in court in connection with that offence, that person

must—

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           (a)           produce to the court the personal licence, or

           (b)           if that is not practicable, notify the court of the existence of the personal

licence and the identity of the relevant licensing authority and of the

reasons why he cannot produce the licence.

     (4)    Where—

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           (a)           a person charged with a relevant offence has produced his licence to, or

notified, a court under subsection (1) or (3), and

           (b)           before he is convicted of and sentenced for, or acquitted of, that offence,

a notifiable event occurs in respect of the licence,

            he must, at his next appearance in court in connection with that offence, notify

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the court of that event.

     (5)    For this purpose a “notifiable event” in relation to a personal licence means any

of the following—

           (a)           the making or withdrawal of an application for renewal of the licence;

           (b)           the surrender of the licence under section 114;

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           (c)           the renewal of the licence under section 119;

           (d)           the revocation of the licence under section 122.

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

with this section.

     (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.

 127   Forfeiture or suspension of licence on conviction for relevant offence

     (1)    This section applies where the holder of a personal licence is convicted of a

relevant offence by or before a court in England and Wales.

     (2)    The court may—

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           (a)           order the forfeiture of the licence, or

           (b)           order its suspension for a period not exceeding six months.

     (3)    In determining whether to make an order under subsection (2), the court may

take account of any previous conviction of the holder for a relevant offence.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    70

 

     (4)    Where a court makes an order under this section it may suspend the order

pending an appeal against it.

     (5)    Subject to subsection (4) and section 128, an order under this section takes

effect immediately after it is made.

 128   Powers of appellate court to suspend order under section 127

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     (1)    This section applies where—

           (a)           a person (“the offender”) is convicted of a relevant offence, and

           (b)           an order is made under section 127 in respect of that conviction (“the

section 127 order”).

     (2)    In this section any reference to the offender’s sentence includes a reference to

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the section 127 order and to any other order made on his conviction and,

accordingly, any reference to an appeal against his sentence includes a

reference to an appeal against any order forming part of his sentence.

     (3)    Where the offender—

           (a)           appeals to the Crown Court, or

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           (b)           appeals or applies for leave to appeal to the Court of Appeal,

            against his conviction or his sentence, the Crown Court or, as the case may be,

the Court of Appeal may suspend the section 127 order.

     (4)    Where the offender appeals or applies for leave to appeal to the House of

Lords—

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           (a)           under section 1 of the Administration of Justice Act 1960 (c. 65) from

any decision of the High Court which is material to his conviction or

sentence, or

           (b)           under section 33 of the Criminal Appeal Act 1968 (c. 19) from any

decision of the Court of Appeal which is material to his conviction or

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sentence,

            the High Court or, as the case may require, the Court of Appeal may suspend

the section 127 order.

     (5)    Where the offender makes an application in respect of the decision of the court

in question under section 111 of the Magistrates’ Courts Act 1980 (c. 43)

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(statement of case by magistrates’ court) or section 28 of the Supreme Court Act

1981 (c. 54) (statement of case by Crown Court) the High Court may suspend

the section 127 order.

     (6)    Where the offender—

           (a)           applies to the High Court for a quashing order to remove into the High

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Court any proceedings of a magistrates’ court or of the Crown Court,

being proceedings in or in consequence of which he was convicted or

his sentence was passed, or

           (b)           applies to the High Court for permission to make such an application,

            the High Court may suspend the section 127 order.

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     (7)    Any power of a court under this section to suspend the section 127 order is a

power to do so on such terms as the court thinks fit.

     (8)    Where, by virtue of this section, a court suspends the section 127 order it must

send notice of the suspension to the relevant licensing authority.

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    71

 

     (9)    Where the section 127 order is an order for forfeiture of the licence, an order

under this section to suspend that order has effect to reinstate the licence for

the period of the suspension.

 129   Court’s duty to notify licensing authority of convictions

     (1)    This section applies where a person who holds a personal licence (“the relevant

5

person”) is convicted, by or before a court in England and Wales, of a relevant

offence in a case where—

           (a)           the relevant person has given notice under section 126 (notification of

personal licence), or

           (b)           the court is, for any other reason, aware of the existence of that personal

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licence.

     (2)    The appropriate officer of the court must (as soon as reasonably practicable)—

           (a)           send to the relevant licensing authority a notice specifying—

                  (i)                 the name and address of the relevant person,

                  (ii)                the nature and date of the conviction, and

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                  (iii)               any sentence passed in respect of it, including any order made

under section 127, and

           (b)           send a copy of the notice to the relevant person.

     (3)    Where, on an appeal against the relevant person’s conviction for the relevant

offence or against the sentence imposed on him for that offence, his conviction

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is quashed or a new sentence is substituted for that sentence, the court which

determines the appeal must (as soon as reasonably practicable) arrange—

           (a)           for notice of the quashing of the conviction or the substituting of the

sentence to be sent to the relevant licensing authority, and

           (b)           for a copy of the notice to be sent to the relevant person.

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     (4)    Where the case is referred to the Court of Appeal under section 36 of the

Criminal Justice Act 1988 (c. 33) (review of lenient sentence), the court must

cause—

           (a)           notice of any action it takes under subsection (1) of that section to be

sent to the relevant licensing authority, and

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           (b)           a copy of the notice to be sent to the relevant person.

     (5)    For the purposes of subsection (2) “the appropriate officer” is—

           (a)           in the case of a magistrates’ court, the clerk of the court, and

           (b)           in the case of the Crown Court, the appropriate officer;

            and section 141 of the Magistrates’ Courts Act 1980 (c. 43) (meaning of “clerk

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of a magistrates’ court”) applies in relation to this subsection as it applies in

relation to that section.

 130   Licence holder’s duty to notify licensing authority of convictions

     (1)    Subsection (2) applies where the holder of a personal licence—

           (a)           is convicted of a relevant offence, in a case where section 129(1) does

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not apply, or

           (b)           is convicted of a foreign offence.

     (2)    The holder must—

 

 

Licensing Bill [HL]
Part 6 — Personal licences

    72

 

           (a)           as soon as reasonably practicable after the conviction, give the relevant

licensing authority a notice containing details of the nature and date of

the conviction, and any sentence imposed on him in respect of it, and

           (b)           as soon as reasonably practicable after the determination of any appeal

against the conviction or sentence, or of any reference under section 36

5

of the Criminal Justice Act 1988 (c. 33) in respect of the case, give the

relevant licensing authority a notice containing details of the

determination.

     (3)    A notice under subsection (2) must be accompanied by the personal licence or,

if that is not practicable, a statement of the reasons for the failure to provide the

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licence.

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

with this section.

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

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

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General provision

 131   Form etc. of applications and notices under Part 6

     (1)    In relation to any application under section 115 or notice under this Part,

regulations may prescribe—

           (a)           its form,

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

           (c)           the information and documents that must accompany it.

     (2)    Regulations may also—

           (a)           require applications under section 115 or 124 or notices under section

125 to be accompanied by a fee, and

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           (b)           prescribe the amount of the fee.

 132   Licensing authority’s duty to update licence document

     (1)    Where—

           (a)           the relevant licensing authority makes a determination under section

119 or 122(4),

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           (b)           it receives a notice under section 121(1), 125, 129 or 130, or

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

            in relation to a personal licence, the authority must make the appropriate

amendments (if any) to the licence.

     (2)    Where, under section 129, notice is given of the making of an order under

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section 127, the relevant licensing authority must make an endorsement on the

licence stating the terms of the order.

     (3)    Where, under section 129, notice is given of the quashing of such an order, any

endorsement previously made under subsection (2) in respect of it must be

cancelled.

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     (4)    Where a licensing authority is not in possession of a personal licence, it may,

for the purposes of discharging its obligations under this section, require the

 

 

Licensing Bill [HL]
Part 7 — Offences

    73

 

     (4)    holder of the licence to produce it to the authority within 14 days beginning

with the day on which he is notified of the requirement.

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

with a requirement under subsection (4).

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

5

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

Production of licence

 133   Licence holder’s duty to produce licence

     (1)    This section applies where the holder of a personal licence is on premises to

make or authorise the supply of alcohol, and such supplies—

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           (a)           are authorised by a premises licence in respect of those premises, or

           (b)           are a permitted temporary activity on the premises by virtue of a

temporary event notice given under Part 5 in respect of which he is the

premises user.

     (2)    Any constable or authorised officer may require the holder of the personal

15

licence to produce that licence for examination.

     (3)    An authorised officer exercising the power conferred by subsection (2) must, if

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

     (4)    A person who fails, without reasonable excuse, to comply with a requirement

under subsection (2) is guilty of an offence.

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

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

     (6)    In this section “authorised officer” means an officer of a licensing authority

authorised by the authority for the purposes of this Act.

Part 7

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Offences

Unauthorised licensable activities

 134   Unauthorised licensable activities

     (1)    A person commits an offence if—

           (a)           he carries on or attempts to carry on a licensable activity on or from any

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premises otherwise than under and in accordance with an

authorisation, or

           (b)           he knowingly allows a licensable activity to be so carried on.

     (2)           Where the licensable activity in question is the provision of regulated

entertainment, a person does not commit an offence under this section if his

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only involvement in the provision of the entertainment is that he—

           (a)           performs in a play,

           (b)           participates as a sportsman in an indoor sporting event,

           (c)           boxes or wrestles in a boxing or wrestling entertainment,

 

 

Licensing Bill [HL]
Part 7 — Offences

    74

 

           (d)           performs live music,

           (e)           plays recorded music,

           (f)           performs dance, or

           (g)           does something coming within paragraph 2(1)(h) of Schedule 1

(entertainment similar to music, dance, etc.).

5

     (3)    Subsection (2) is to be construed in accordance with Part 3 of Schedule 1.

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

conviction to imprisonment for a term not exceeding six months or to a fine not

exceeding £20,000, or to both.

     (5)    In this Part “authorisation” means—

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           (a)           a premises licence,

           (b)           a club premises certificate, or

           (c)           a temporary event notice in respect of which the conditions of section

96(2) to (4) are satisfied.

 135   Exposing alcohol for unauthorised sale

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     (1)    A person commits an offence if, on any premises, he exposes for sale by retail

any alcohol in circumstances where the sale by retail of that alcohol on those

premises would be an unauthorised licensable activity.

     (2)    For that purpose a licensable activity is unauthorised unless it is under and in

accordance with an authorisation.

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

conviction to imprisonment for a term not exceeding six months or to a fine not

exceeding £20,000, or to both.

     (4)    The court by which a person is convicted of an offence under this section may

order the alcohol in question, and any container for it, to be forfeited and either

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destroyed or dealt with in such other manner as the court may order.

 136   Keeping alcohol on premises for unauthorised sale

     (1)    A person commits an offence if he has in his possession or under his control

alcohol which he intends to sell by retail or supply in circumstances where that

activity would be an unauthorised licensable activity.

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     (2)    For that purpose a licensable activity is unauthorised unless it is under and in

accordance with an authorisation.

     (3)    In subsection (1) the reference to the supply of alcohol is a reference to the

supply of alcohol by or on behalf of a club to, or to the order of, a member of

the club.

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     (4)    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.

     (5)    The court by which a person is convicted of an offence under this section may

order the alcohol in question, and any container for it, to be forfeited and either

destroyed or dealt with in such other manner as the court may order.

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