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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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 13    The relevant licensing authority

     (1)    For the purposes of this Part the “relevant licensing authority” in relation to

any premises is determined in accordance with this section.

     (2)    Subject to subsection (3), the relevant licensing authority is the authority in

whose area the premises are situated.

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     (3)    Where the premises are situated in the areas of two or more licensing

authorities, the relevant licensing authority is—

           (a)           the licensing authority in whose area the greater or greatest part of the

premises is situated, or

           (b)           if there is no authority to which paragraph (a) applies, such one of those

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authorities as is nominated in accordance with subsection (4).

     (4)    In a case within subsection (3)(b)—

           (a)           an applicant for a premises licence must nominate one of the licensing

authorities as the relevant licensing authority in relation to the

application and any licence granted as a result of it, and

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           (b)           an applicant for a statement under section 29 (provisional statement) in

respect of the premises must nominate one of the licensing authorities

as the relevant licensing authority in relation to the statement.

 14    Authorised persons, interested parties and responsible authorities

     (1)    In this Part in relation to any premises each of the following expressions has

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the meaning given to it by this section—

                    “authorised person”,

                    “interested party”,

                    “responsible authority”.

     (2)    “Authorised person” means any of the following—

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           (a)           an officer of a licensing authority in whose area the premises are

situated who is authorised by that authority for the purposes of this

Act,

           (b)           an inspector appointed under section 18 of the Fire Precautions Act

1971 (c. 40),

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           (c)           an inspector appointed under section 19 of the Health and Safety at

Work etc. Act 1974 (c. 37),

           (d)           an officer of a local authority, in whose area the premises are situated,

who is authorised by that authority for the purposes of exercising one

or more of its statutory functions in relation to minimising or

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preventing the risk of pollution of the environment or of harm to

human health,

           (e)           in relation to a vessel, an inspector, or a surveyor of ships, appointed

under section 256 of the Merchant Shipping Act 1995 (c. 21),

           (f)           a person prescribed for the purposes of this subsection.

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     (3)    “Interested party” means any of the following—

           (a)           a person living in the vicinity of the premises,

           (b)           a body representing persons who live in that vicinity,

           (c)           a person involved in a business in that vicinity,

           (d)           a body representing persons involved in such businesses,

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Licensing Bill [HL]
Part 3 — Premises licences

    9

 

           (e)           the Member of the European Parliament, the Member of Parliament

and the local ward councillors for the constituency or ward in which

the premises are situated.

     (4)    “Responsible authority” means any of the following—

           (a)           the chief officer of police for any police area in which the premises are

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situated,

           (b)           the fire authority for any area in which the premises are situated,

           (c)           the enforcing authority within the meaning given by section 18 of the

Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the

premises are situated,

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           (d)           the local planning authority within the meaning given by the Town and

Country Planning Act 1990 (c. 8) for any area in which the premises are

situated,

           (e)           the local authority for the area in which the premises are situated,

           (f)           any licensing authority, including the relevant licensing authority, in

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whose area part of the premises is situated,

           (g)           in relation to a vessel—

                  (i)                 a navigation authority (within the meaning of section 221(1) of

the Water Resources Act 1991 (c. 57)) having functions in

relation to the waters where the vessel is usually moored or

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berthed or any waters where it is, or is proposed to be,

navigated at a time when it is used for licensable activities,

                  (ii)                the Environment Agency,

                  (iii)               the British Waterways Board, or

                  (iv)                the Secretary of State,

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           (h)           a person prescribed for the purposes of this subsection.

     (5)    For the purposes of this section, “statutory function” means a function

conferred by or under any enactment.

 15    Meaning of “supply of alcohol”

For the purposes of this Part the “supply of alcohol” means—

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           (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.

 16    Meaning of “designated premises supervisor”

     (1)    In this Act references to the “designated premises supervisor”, in relation to a

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premises licence, are to the individual for the time being specified in that

licence as the premises supervisor.

     (2)    Nothing in this Act prevents an individual who holds a premises licence from

also being specified in the licence as the premises supervisor.

Grant of premises licence

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 17    Applicant for premises licence

     (1)    The following persons may apply for a premises licence—

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    10

 

           (a)           a person who carries on, or proposes to carry on, a business which

involves the use of the premises for the licensable activities to which the

application relates,

           (b)           a person who makes the application pursuant to—

                  (i)                 any statutory function discharged by that person which relates

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to those licensable activities, or

                  (ii)                any function discharged by that person by virtue of Her

Majesty’s prerogative,

           (c)           a recognised club,

           (d)           a charity,

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           (e)           the proprietor of an educational institution,

           (f)           a health service body,

           (g)           a person who is registered under Part 2 of the Care Standards Act 2000

(c. 14) in respect of an independent hospital,

           (h)           a member of the armed forces of the Crown who is in command of a

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naval, military or air force establishment,

           (i)           the chief officer of police of a police force in England and Wales,

           (j)           a person of such other description as may be prescribed.

     (2)    But an individual may not apply for a premises licence unless he is aged 18 or

over.

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     (3)    In this section—

                    “charity” has the same meaning as in section 96(1) of the Charities Act

1993 (c. 10);

                    “educational institution” means—

                  (a)                 a school, or an institution within the further or higher education

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sector, within the meaning of section 4 of the Education Act

1996 (c. 56), or

                  (b)                 a college (including any institution in the nature of a college),

school, hall or other institution of a university, in circumstances

where the university receives financial support under section 65

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of the Further and Higher Education Act 1992 (c. 13);

                    “health service body” means—

                  (a)                 an NHS trust established by virtue of section 5 of the National

Health Service and Community Care Act 1990 (c. 19),

                  (b)                 a Primary Care Trust established by virtue of section 16A of the

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National Health Service Act 1977 (c. 49), or

                  (c)                 a Local Health Board established by virtue of section 16BA of

that Act;

                    “independent hospital” has the same meaning as in section 2(2) of the

Care Standards Act 2000;

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                    “proprietor”—

                  (a)                 in relation to a school within the meaning of section 4 of the

Education Act 1996, has the same meaning as in section 579(1)

of that Act, and

                  (b)                 in relation to an educational institution other than such a school,

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means the governing body of that institution within the

meaning of section 90(1) of the Further and Higher Education

Act 1992; and

                    “statutory function” means a function conferred by or under any

enactment.

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Licensing Bill [HL]
Part 3 — Premises licences

    11

 

 18    Application for premises licence

     (1)    An application for a premises licence must be made to the relevant licensing

authority.

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

           (a)           section 54 (form etc. of applications etc.);

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           (b)           section 55 (fees to accompany applications etc.).

     (3)    An application under this section must also be accompanied—

           (a)           by an operating schedule,

           (b)           by a plan of the premises to which the application relates, in the

prescribed form, and

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           (c)           if the licensable activities to which the application relates (“the relevant

licensable activities”) include the supply of alcohol, by a form of

consent in the prescribed form given by the individual whom the

applicant wishes to have specified in the premises licence as the

premises supervisor.

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     (4)    An “operating schedule” is a document which is in the prescribed form and

includes a statement of the following matters—

           (a)           the relevant licensable activities,

           (b)           the times during which it is proposed that the relevant licensable

activities are to take place,

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           (c)           any other times during which it is proposed that the premises are to be

open to the public,

           (d)           where the applicant wishes the licence to have effect for a limited

period, that period,

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

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prescribed information in respect of the individual whom the applicant

wishes to have specified in the premises licence as the premises

supervisor,

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

whether the supplies are proposed to be for consumption on the

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premises or off the premises, or both,

           (g)           the steps which it is proposed to take to promote the licensing

objectives,

           (h)           such other matters as may be prescribed.

     (5)    The Secretary of State must by regulations—

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           (a)           require an applicant to advertise his application within the prescribed

period—

                  (i)                 in the prescribed form, and

                  (ii)                in a manner which is prescribed and is likely to bring the

application to the attention of the interested parties likely to be

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affected by it;

           (b)           require an applicant to give notice of his application to each responsible

authority, and such other persons as may be prescribed, within the

prescribed period;

           (c)           prescribe the period during which interested parties and responsible

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authorities may make representations to the relevant licensing

authority about the application.

 

 

 
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