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Licensing Bill [HL]


Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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Exemptions etc.

 172   Activities in certain locations not licensable

     (1)    An activity is not a licensable activity if it is carried on—

           (a)           aboard an aircraft, hovercraft or railway vehicle engaged on a journey,

           (b)           aboard a vessel engaged on an international journey,

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           (c)           at an approved wharf at a designated port or hoverport,

           (d)           at an examination station at a designated airport,

           (e)           at a royal palace,

           (f)           at premises in respect of which a certificate issued under section 173

(exemption for national security) has effect, or

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           (g)           at such other place as may be prescribed.

     (2)    For the purposes of subsection (1) the period during which an aircraft,

hovercraft, railway vehicle or vessel is engaged on a journey includes—

           (a)           any period ending with its departure when preparations are being

made for the journey, and

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           (b)           any period after its arrival at its destination when it continues to be

occupied by those (or any of those) who made the journey (or any part

of it).

     (3)    The Secretary of State may by order designate a port, hoverport or airport for

the purposes of subsection (1), if it appears to him to be one at which there is a

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substantial amount of international passenger traffic.

     (4)    Any port, airport or hoverport where section 86A or 87 of the Licensing Act

1964 (c. 26) is in operation immediately before the commencement of this

section is, on and after that commencement, to be treated for the purposes of

subsection (1) as if it were designated.

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     (5)    But provision may by order be made for subsection (4) to cease to have effect

in relation to any port, airport or hoverport.

     (6)    For the purposes of this section—

                    “approved wharf” has the meaning given by section 20A of the Customs

and Excise Management Act 1979 (c. 2);

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                    “designated” means designated by an order under subsection (3);

                    “examination station” has the meaning given by section 22A of that Act;

                    “international journey” means—

                  (a)                 a journey from a place in the United Kingdom to an immediate

destination outside the United Kingdom, or

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                  (b)                 a journey from a place outside the United Kingdom to an

immediate destination in the United Kingdom; and

                    “railway vehicle” has the meaning given by section 83 of the Railways Act

1993 (c. 43).

 173   Certifying of premises on grounds of national security

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     (1)    A Minister of the Crown may issue a certificate under this section in respect of

any premises, if he considers that it is appropriate to do so for the purposes of

safeguarding national security.

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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     (2)    A certificate under this section may identify the premises in question by means

of a general description.

     (3)    A document purporting to be a certificate under this section is to be received

in evidence and treated as being a certificate under this section unless the

contrary is proved.

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     (4)    A document which purports to be certified by or on behalf of a Minister of the

Crown as a true copy of a certificate given by a Minister of the Crown under

this section is evidence of that certificate.

     (5)    A Minister of the Crown may cancel a certificate issued by him, or any other

Minister of the Crown, under this section.

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     (6)    The powers conferred by this section on a Minister of the Crown may be

exercised only by a Minister who is a member of the Cabinet or by the Attorney

General.

     (7)    In this section “Minister of the Crown” has the meaning given by the Ministers

of the Crown Act 1975 (c. 26).

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 174   Exemption for raffle, tombola, etc.

     (1)    The conduct of a lottery which, but for this subsection, would to any extent

constitute a licensable activity by reason of one or more of the prizes in the

lottery consisting of alcohol, is not (for that reason alone) to be treated as

constituting a licensable activity if—

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           (a)           the lottery is promoted as an incident of an exempt entertainment,

           (b)           after the deduction of all relevant expenses, the whole proceeds of the

entertainment (including those of the lottery) are applied for purposes

other than private gain, and

           (c)           subsection (2) does not apply.

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     (2)    This subsection applies if—

           (a)           the alcohol consists of or includes alcohol not in a sealed container,

           (b)           any prize in the lottery is a money prize, or

           (c)           a ticket or chance in the lottery is sold or issued, or the result of the

lottery is declared, other than at the premises where the entertainment

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takes place and during the entertainment, or

           (d)           the opportunity to participate in a lottery or in gaming is the only or

main inducement to attend the entertainment.

     (3)    For the purposes of subsection (1)(b), the following are relevant expenses—

           (a)           the expenses of the entertainment, excluding expenses incurred in

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connection with the lottery,

           (b)           the expenses incurred in printing tickets in the lottery,

           (c)           such reasonable and proper expenses as the promoters of the lottery

appropriate on account of any expenses they incur in buying prizes in

the lottery.

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     (4)    In this section—

                    “exempt entertainment” has the same meaning as in section 3(1) of the

Lotteries and Amusements Act 1976 (c. 32);

                    “gaming” has the meaning given by section 52 of the Gaming Act 1968

(c. 65);

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Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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                    “money” and “ticket” have the meaning given by section 23 of the

Lotteries and Amusements Act 1976 (c. 32); and

                    “private gain”, in relation to the proceeds of an entertainment, is to be

construed in accordance with section 22 of that Act.

Service areas and garages etc.

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 175   Prohibition of alcohol sales at service areas, garages etc.

     (1)    No premises licence, club premises certificate or temporary event notice has

effect to authorise the sale by retail or supply of alcohol on or from excluded

premises.

     (2)    In this section “excluded premises” means—

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           (a)           premises situated on land acquired or appropriated by a special road

authority, and for the time being used, for the provision of facilities to

be used in connection with the use of a special road provided for the use

of traffic of class I (with or without other classes); or

           (b)           premises used primarily as a garage or which form part of premises

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which are primarily so used.

     (3)    The Secretary of State may by order amend the definition of excluded premises

in subsection (2) so as to include or exclude premises of such description as

may be specified in the order.

     (4)    For the purposes of this section—

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           (a)           “special road” and “special road authority” have the same meaning as

in the Highways Act 1980 (c. 66), except that “special road” includes a

trunk road to which (by virtue of paragraph 3 of Schedule 23 to that

Act) the provisions of that Act apply as if the road were a special road,

           (b)           “class I” means class I in Schedule 4 to the Highways Act 1980 as varied

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from time to time by an order under section 17 of that Act, but if that

Schedule is amended by such an order so as to add to it a further class

of traffic, the order may adapt the reference in subsection (2)(a) to traffic

of class I so as to take account of the additional class, and

           (c)           premises are used as a garage if they are used for one or more of the

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following—

                  (i)                 the retailing of petrol,

                  (ii)                the retailing of derv,

                  (iii)               the sale of motor vehicles,

                  (iv)                the maintenance of motor vehicles.

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Rights of entry

 176   Rights of entry to investigate licensable activities

     (1)    Where a constable or an authorised person has reason to believe that any

premises are being, or are about to be, used for a licensable activity, he may

enter the premises with a view to seeing whether the activity is being, or is to

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be, carried on under and in accordance with an authorisation.

     (2)    An authorised person exercising the power conferred by this section must, if so

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

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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     (3)    A person exercising the power conferred by this section may, if necessary, use

reasonable force.

     (4)    A person commits an offence if he intentionally obstructs an authorised person

exercising a power conferred by this section.

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

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conviction to a fine not exceeding level 3 on the standard scale.

     (6)    In this section—

                    “authorisation” means—

                  (a)                 a premises licence,

                  (b)                 a club premises certificate, or

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

section 96(2) to (4) are satisfied; and

                    “authorised person” means an authorised person within the meaning of

Part 3 or 4 or an authorised officer within the meaning of section 106(5).

     (7)    Nothing in this section applies in relation to premises in respect of which there

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is a club premises certificate but no other authorisation.

 177   Right of entry to investigate offences

     (1)    A constable may enter and search any premises in respect of which he has

reason to believe that an offence under this Act has been, is being or is about to

be committed.

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

reasonable force.

Appeals

 178   Appeals against decisions of licensing authorities

     (1)    Schedule 5 (which makes provision for appeals against decisions of licensing

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authorities) has effect.

     (2)    On an appeal in accordance with that Schedule against a decision of a licensing

authority, a magistrates’ court may—

           (a)           dismiss the appeal,

           (b)           substitute for the decision appealed against any other decision which

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could have been made by the licensing authority, or

           (c)           remit the case to the licensing authority to dispose of it in accordance

with the direction of the court,

            and may make such order as to costs as it thinks fit.

Guidance, hearings etc.

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 179   Guidance

     (1)           The Secretary of State must issue guidance (“the licensing guidance”) to

licensing authorities on the discharge of their functions under this Act.

 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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     (2)           But the Secretary of State may not issue the licensing guidance unless a draft of

it has been laid before, and approved by resolution of, each House of

Parliament.

     (3)           The Secretary of State may, from time to time, revise the licensing guidance.

     (4)    A revised version of the licensing guidance does not come into force until the

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Secretary of State lays it before Parliament.

     (5)    Where either House, before the end of the period of 40 days beginning with the

day on which a revised version of the licensing guidance is laid before it, by

resolution disapproves that version—

           (a)           the Secretary of State must, under subsection (3), make such further

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revisions to the licensing guidance as appear to him to be required in

the circumstances, and

           (b)           before the end of the period of 40 days beginning with the date on

which the resolution is made, lay a further revised version of the

licensing guidance before Parliament.

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     (6)           In reckoning any period of 40 days for the purpose of subsection (5), no account

is to be taken of any time during which—

           (a)           Parliament is dissolved or prorogued, or

           (b)           both Houses are adjourned for more than four days.

     (7)    The Secretary of State must arrange for any guidance issued or revised under

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this section to be published in such manner as he considers appropriate.

 180   Hearings

     (1)    Regulations may prescribe the procedure to be followed in relation to a hearing

held by a licensing authority under this Act and, in particular, may—

           (a)           require a licensing authority to give notice of hearings to such persons

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as may be prescribed;

           (b)           make provision for expedited procedures in urgent cases;

           (c)           make provision about the rules of evidence which are to apply to

hearings;

           (d)           make provision about the legal representation at hearings of the parties

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to it;

           (e)                         prescribe the period within which an application, in relation to which a

hearing has been held, must be determined or any other step in the

procedure must be taken.

     (2)    But a licensing authority may not make any order as to the costs incurred by a

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party in connection with a hearing under this Act.

 181   Giving of notices, etc.

     (1)    This section has effect in relation to any document required or authorised by or

under this Act to be given to any person (“relevant document”).

     (2)    Where that person is a licensing authority, the relevant document must be

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given by addressing it to the authority and leaving it at or sending it by post

to—

           (a)           the principal office of the authority, or

 

 

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Part 9 — Miscellaneous and supplementary

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           (b)           any other office of the authority specified by it as one at which it will

accept documents of the same description as that document.

     (3)    In any other case the relevant document may be given to the person in question

by delivering it to him, or by leaving it at his proper address, or by sending it

by post to him at that address.

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     (4)    A relevant document may—

           (a)           in the case of a body corporate (other than a licensing authority), be

given to the secretary or clerk of that body;

           (b)           in the case of a partnership, be given to a partner or a person having the

control or management of the partnership business;

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           (c)           in the case of an unincorporated association (other than a partnership),

be given to an officer of the association.

     (5)    For the purposes of this section and section 7 of the Interpretation Act 1978

(c. 30) (service of documents by post) in its application to this section, the

proper address of any person to whom a relevant document is to be given is his

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last known address, except that—

           (a)           in the case of a body corporate or its secretary or clerk, it is the address

of the registered office of that body or its principal office in the United

Kingdom,

           (b)           in the case of a partnership, a partner or a person having control or

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management of the partnership business, it is that of the principal office

of the partnership in the United Kingdom, and

           (c)           in the case of an unincorporated association (other than a partnership)

or any officer of the association, it is that of its principal office in the

United Kingdom.

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     (6)    But if a relevant document is given to a person in his capacity as the holder of

a premises licence, club premises certificate or personal licence, or as the

designated premises supervisor under a premises licence, his relevant

registered address is also to be treated, for the purposes of this section and

section 7 of the Interpretation Act 1978, as his proper address.

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     (7)    In subsection (6) “relevant registered address”, in relation to such a person,

means the address given for that person in the record for the licence or

certificate (as the case may be) which is contained in the register kept under

section 9 by the licensing authority which granted the licence or certificate.

     (8)    The following provisions of the Local Government Act 1972 (c. 70) do not

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apply in relation to the service of a relevant document—

           (a)           section 231 (service of notices on local authorities etc.),

           (b)           section 233 (service of notices by local authorities).

 182   Provision of information

     (1)    This section applies to information which is held by or on behalf of a licensing

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authority or a responsible authority (including information obtained by or on

behalf of the authority before the coming into force of this section).

     (2)    Information to which this section applies may be supplied—

           (a)           to a licensing authority, or

           (b)           to a responsible authority,

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Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

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            for the purposes of facilitating the exercise of the authority’s functions under

this Act.

     (3)    Information obtained by virtue of this section must not be further disclosed

except to a licensing authority or responsible authority for the purposes

mentioned in subsection (2).

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     (4)    In this section “responsible authority” means a responsible authority within

the meaning of Part 3 or 4.

General provisions about offences

 183   Proceedings for offences

     (1)    In this section “offence” means an offence under this Act.

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     (2)    Proceedings for an offence may be instituted—

           (a)           by a licensing authority,

           (b)           by the Director of Public Prosecutions, or

           (c)           in the case of an offence under section 144 or 145 (sale of alcohol to

children), by a local weights and measures authority (within the

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meaning of section 69 of the Weights and Measures Act 1985 (c. 72)).

     (3)    In relation to any offence, section 127(1) of the Magistrates’ Courts Act 1980

(information to be laid within six months of offence) is to have effect as if for

the reference to six months there were substituted a reference to 12 months.

 184   Offences by bodies corporate etc.

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     (1)    If an offence committed by a body corporate is shown—

           (a)           to have been committed with the consent or connivance of an officer, or

           (b)           to be attributable to any neglect on his part,

            the officer as well as the body corporate is guilty of the offence and liable to be

proceeded against and punished accordingly.

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     (2)    If the affairs of a body corporate are managed by its members, subsection (1)

applies in relation to the acts and defaults of a member in connection with his

functions of management as if he were a director of the body.

     (3)    In subsection (1) “officer”, in relation to a body corporate, means—

           (a)           a director, member of the committee of management, chief executive,

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manager, secretary or other similar officer of the body, or a person

purporting to act in any such capacity, and

           (b)           an individual who is a controller of the body.

     (4)    If an offence committed by a partnership is shown—

           (a)           to have been committed with the consent or connivance of a partner, or

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           (b)           to be attributable to any neglect on his part,

            the partner as well as the partnership is guilty of the offence and liable to be

proceeded against and punished accordingly.

     (5)    In subsection (4) “partner” includes a person purporting to act as a partner.

     (6)    If an offence committed by an unincorporated association (other than a

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partnership) is shown—

 

 

 
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