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Licensing Bill [HL]


Licensing Bill [HL]
Part 8 — Closure of premises

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           (a)           hold a hearing to consider whether it is appropriate to exercise any of

the court’s powers under subsection (2) in relation to the closure order

or any extension of it, and

           (b)           determine whether to exercise any of those powers.

     (2)    The relevant magistrates’ court may—

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           (a)           revoke the closure order and any extension of it;

           (b)           order the premises to remain or to be closed until such time as the

relevant licensing authority has made a determination in respect of the

order for the purposes of section 166;

           (c)           order the premises to remain or to be closed until that time subject to

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such exceptions as may be specified in the order;

           (d)           order the premises to remain or to be closed until that time unless such

conditions as may be specified in the order are satisfied.

     (3)    In determining whether the premises will be, or will remain, closed the

relevant magistrates’ court must, in particular, consider whether—

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           (a)           in the case of an order made by virtue of section 160(1)(a), closure is

necessary in the interests of public safety because of disorder or likely

disorder on the premises, or in the vicinity of and related to, the

premises;

           (b)           in the case of an order made by virtue of section 160(1)(b), closure is

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necessary to ensure that no public nuisance is, or is likely to be, caused

by noise coming from the premises.

     (4)    In the case of licensed premises, the relevant magistrates’ court must notify the

relevant licensing authority of any determination it makes under subsection

(1)(b).

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     (5)    Subsection (2) does not apply if, before the relevant magistrates’ court

discharges its functions under that subsection, the premises cease to be

relevant premises.

     (6)    Any order made under subsection (2) ceases to have effect if the premises cease

to be relevant premises.

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     (7)    A person commits an offence if, without reasonable excuse, he permits relevant

premises to be open in contravention of an order under subsection (2)(b), (c) or

(d).

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

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

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not exceeding £20,000, or to both.

     (9)    The powers conferred on a magistrates’ court by this section are to be exercised

in the place required by the Magistrates’ Courts Act 1980 (c. 43) for the hearing

of a complaint and may be exercised by a single justice.

     (10)   Evidence given for the purposes of proceedings under this section must be

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given on oath.

 165   Appeal from decision of magistrates’ court

     (1)    Any person aggrieved by a decision of a magistrates’ court under section 164

may appeal to the Crown Court against the decision.

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

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     (2)    An appeal under subsection (1) must be commenced by notice of appeal given

by the appellant to the justices’ chief executive for the magistrates’ court within

the period of 21 days beginning with the day the decision appealed against was

made.

 166   Review of premises licence following closure order

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     (1)    This section applies where—

           (a)           a closure order has come into force in relation to premises in respect of

which a premises licence has effect, and

           (b)           the relevant licensing authority has received a notice under section

164(4) (notice of magistrates’ court’s determination), in relation to the

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order and any extension of it.

     (2)    The relevant licensing authority must review the premises licence.

     (3)    The authority must reach a determination on the review no later than 28 days

after the day on which it receives the notice mentioned in subsection (1)(b).

     (4)    The Secretary of State must by regulations—

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           (a)           require the relevant licensing authority to give, to the holder of the

premises licence and each responsible authority, notice of—

                  (i)                 the review,

                  (ii)                the closure order and any extension of it, and

                  (iii)               any order made in relation to it under section 164(2);

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           (b)           require the authority to advertise the review and invite representations

about it to be made to the authority by responsible authorities and

interested parties;

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

holder of the premises licence, any responsible authority or any

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interested party;

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

paragraph (b) to specify that period.

     (5)    The relevant licensing authority must—

           (a)           hold a hearing to consider—

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                  (i)                 the closure order and any extension of it,

                  (ii)                any order under section 164(2), and

                  (iii)               any relevant representations, and

           (b)           take such of the steps mentioned in subsection (6) (if any) as it considers

necessary for the promotion of the licensing objectives.

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     (6)    Those steps are—

           (a)           to modify the conditions of the premises licence,

           (b)           to exclude a licensable activity from the scope of the licence,

           (c)           to remove the designated premises supervisor from the licence,

           (d)           to suspend the licence for a period not exceeding three months, or

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           (e)           to revoke the licence;

            and for this purpose the conditions of a premises licence are modified if any of

them is altered or omitted or any new condition is added.

     (7)    Subsection (5)(b) is subject to sections 20 and 21 (requirement to include certain

conditions in premises licences).

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Licensing Bill [HL]
Part 8 — Closure of premises

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     (8)    Where the authority takes a step within subsection (6)(a) or (b), it may provide

that the modification or exclusion is to have effect only for a specified period

(not exceeding three months).

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

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

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           (b)           meet the requirements of subsection (10).

     (10)   The requirements are—

           (a)           that the representations are made by the holder of the premises licence,

a responsible authority or an interested party within the period

prescribed under subsection (4)(c),

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           (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

authority, frivolous or vexatious.

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

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frivolous or vexatious, it must notify the person who made them of the reasons

for that determination.

     (12)   Where a licensing authority determines a review under this section it must

notify the determination and its reasons for making it to—

           (a)           the holder of the licence,

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           (b)           any person who made relevant representations, and

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

which the premises are situated.

     (13)   Section 167 makes provision about when the determination takes effect.

     (14)   In this section “interested party” and “responsible authority” have the same

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meaning as in Part 3.

 167   Provision about decisions under section 166

     (1)    Subject to this section, a decision under section 166 does not have effect until

the relevant time.

     (2)    In this section “the relevant time”, in relation to any decision, means—

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

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

     (3)    Subsections (4) and (5) apply where—

           (a)           the relevant licensing authority decides on a review under section 166

to take one or more of the steps mentioned in subsection (6)(a) to (d) of

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that section, and

           (b)           the premises to which the licence relates have been closed, by virtue of

an order under section 164(2)(b), (c) or (d), until that decision was

made.

     (4)    The decision by the relevant licensing authority to take any of the steps

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mentioned in section 166(6)(a) to (d) takes effect when it is notified to the

holder of the licence under section 166(12).

            This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of

magistrates’ court to suspend decision pending appeal).

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

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     (5)    The relevant licensing authority may, on such terms as it thinks fit, suspend the

operation of that decision (in whole or in part) until the relevant time.

     (6)    Subsection (7) applies where—

           (a)           the relevant licensing authority decides on a review under section 166

to revoke the premises licence, and

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           (b)           the premises to which the licence relates have been closed, by virtue of

an order under section 164(2)(b), (c) or (d), until that decision was

made.

     (7)    The premises must remain closed (but the licence otherwise in force) until the

relevant time.

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            This is subject to paragraph 18(4) of Schedule 5 (power of magistrates’ court to

modify closure order pending appeal).

     (8)    A person commits an offence if, without reasonable excuse, he allows premises

to be open in contravention of subsection (7).

     (9)    A person guilty of an offence under subsection (8) is liable on summary

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

not exceeding £20,000, or to both.

 168   Enforcement of closure order

A constable may use such force as may be necessary for the purposes of closing

premises in compliance with a closure order.

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 169   Exemption of police from liability for damages

     (1)    A constable is not liable for relevant damages in respect of any act or omission

of his in the performance or purported performance of his functions in relation

to a closure order or any extension of it.

     (2)    A chief officer of police is not liable for relevant damages in respect of any act

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or omission of a constable under his direction or control in the performance or

purported performance of a function of the constable’s in relation to a closure

order or any extension of it.

     (3)    But neither subsection (1) nor (2) applies—

           (a)           if the act or omission is shown to have been in bad faith, or

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           (b)           so as to prevent an award of damages in respect of an act or omission

on the grounds that the act or omission was unlawful as a result of

section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act

or omission with Convention rights).

     (4)    This section does not affect any other exemption from liability for damages

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(whether at common law or otherwise).

     (5)    In this section, “relevant damages” means damages awarded in proceedings

for judicial review, the tort of negligence or misfeasance in public office.

Interpretation

 170   Interpretation of Part 8

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     (1)    This section has effect for the purposes of this Part.

 

 

Licensing Bill [HL]
Part 8 — Closure of premises

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     (2)    Relevant premises are open if a person who is not within subsection (4) enters

the premises and—

           (a)           he buys or is otherwise supplied with food, drink or anything usually

sold on the premises, or

           (b)           while he is on the premises, they are used for the provision of regulated

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entertainment.

     (3)    But in determining whether relevant premises are open the following are to be

disregarded—

           (a)           where no premises licence has effect in respect of the premises, any use

of the premises for activities (other than licensable activities) which do

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not take place during an event period specified in a temporary event

notice having effect in respect of the premises,

           (b)           any use of the premises for a qualifying club activity under and in

accordance with a club premises certificate, and

           (c)           any supply exempted under paragraph 3 of Schedule 2 (certain

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supplies of hot food and drink by clubs, hotels etc. not a licensable

activity) in circumstances where a person will neither be admitted to

the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of

that paragraph, except by virtue of being a member of a recognised club

or a guest of such a member.

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     (4)    A person is within this subsection if he is—

           (a)           an appropriate person in relation to the premises,

           (b)           a person who usually lives at the premises, or

           (c)           a member of the family of a person within paragraph (a) or (b).

     (5)    The following expressions have the meanings given—

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                    “appropriate person”, in relation to any relevant premises, means—

                  (a)                 any person who holds a premises licence in respect of the

premises,

                  (b)                 any designated premises supervisor under such a licence,

                  (c)                 the premises user in relation to any temporary event notice

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which has effect in respect of the premises, or

                  (d)                 a manager of the premises;

                    “closure order” has the meaning given in section 160(2);

                    “extension”, in relation to a closure order, means an extension of the order

under section 161;

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                    “manager”, in relation to any premises, means a person who works at the

premises in a capacity, whether paid or unpaid, which authorises him

to close them;

                    “relevant licensing authority”, in relation to any premises in respect of

which a premises licence has effect, has the same meaning as in Part 3;

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                    “relevant magistrates’ court”, in relation to any relevant premises, means

a magistrates’ court acting for the petty sessions area in which the

premises are situated;

                    “relevant premises” has the meaning given in section 160(8);

                    “responsible senior police officer”, in relation to a closure order, means—

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                  (a)                 the senior police officer who made the order, or

                  (b)                 if another senior police officer is designated for the purpose by

the chief officer of police for the police area in which the

premises are situated, that other officer;

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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                    “senior police officer” has the meaning given in section 160(8).

     (6)    A temporary event notice has effect from the time it is given in accordance with

Part 5 until—

           (a)           the time it is withdrawn,

           (b)           the time a counter notice is given under that Part, or

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           (c)           the expiry of the event period specified in the temporary event notice,

            whichever first occurs.

Part 9

Miscellaneous and supplementary

Special occasions

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 171   Relaxation of opening hours for special occasions

     (1)    Where the Secretary of State considers that a period (“the celebration period”)

marks an occasion of exceptional international, national, or local significance,

he may make a licensing hours order.

     (2)    A licensing hours order is an order which provides that during the specified

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relaxation period premises licences and club premises certificates have effect

(to the extent that it is not already the case) as if specified times were included

in the opening hours.

     (3)    An order under this section may—

           (a)           make provision generally or only in relation to premises in one or more

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specified areas;

           (b)           make different provision in respect of different days during the

specified relaxation period;

           (c)           make different provision in respect of different licensable activities.

     (4)    Before making an order under this section, the Secretary of State must consult

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such persons as he considers appropriate.

     (5)    In this section—

                    “opening hours” means—

                  (a)                 in relation to a premises licence, the times during which the

premises may be used for licensable activities in accordance

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with the licence, and

                  (b)                 in relation to a club premises certificate, the times during which

the premises may be used for qualifying club activities in

accordance with the certificate;

                    “relaxation period” means—

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                  (a)                 if the celebration period does not exceed four days, that period,

or

                  (b)                 any part of that period not exceeding four days; and

                    “specified”, in relation to a licensing hours order, means specified in the

order.

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