House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

647

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Wednesday 14 May 2014

Report Stage Proceedings

Deregulation Bill, As Amended

NEW CLAUSES and new schedules relating to the sale of alcohol and

amendments to clauses 45 to 49; amendments to schedule 18

Sale of alcohol: community events etc and ancillary business sales

Tom Brake

Oliver Heald

Added  NC5

To move the following Clause:—

‘(1)
In section 2 of the Licensing Act 2003 (authorisation for licensable activities etc),

after subsection (1) insert—

“(1A)
The licensable activity of selling alcohol by retail may be carried on if

each sale is a permitted sale by virtue of Part 5A.”

(2)
After Part 5 of that Act, insert the Part set out in Schedule (Part to be inserted as

Part 5A of the Licensing Act 2003) to this Act.

(3)
In section 136 of that Act (unauthorised licensable activities), at the end of

subsection (5) insert—


“In addition, for the purposes of this Part the licensable activity of selling

alcohol by retail is under and in accordance with an authorisation if each

sale is a permitted sale by virtue of Part 5A.”

(4)
In section 140 of that Act (allowing disorderly conduct on licensed premises

etc)—

(a)
omit the “and” before subsection (2)(d);

(b)
after that paragraph insert “, and

(e)
in the case of premises specified in a Part 5A notice, to

the person who gave the notice.”

(5)
In section 141 of that Act (sale of alcohol to a person who is drunk)—

(a)
omit the “and” before subsection (2)(d);

(b)
after that paragraph insert “, and

(e)
in the case of premises specified in a Part 5A notice, to

the person who gave the notice.”;

(c)
in subsection (3), after “This section” insert “(except subsection (2)(e))”.

(6)
In section 143 of that Act (failure to leave licensed premises etc)—

(a)
omit the “and” before subsection (2)(d);

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648

Deregulation Bill, continued

(b)
after that paragraph insert “, and

(e)
in the case of premises specified in a Part 5A notice, to

the person who gave the notice.”

(7)
In section 144 of that Act (keeping of smuggled goods)—

(a)
omit the “and” before subsection (2)(d);

(b)
after that paragraph insert “, and

(e)
in the case of premises specified in a Part 5A notice, to

the person who gave the notice.”

(8)
In section 147A of that Act (persistently selling alcohol to children)—

(a)
in subsection (1)(b), for the words from “either” to “Part 5” substitute

“licensed premises, premises authorised to be used for a permitted

temporary activity by virtue of Part 5 or premises specified in a Part 5A

notice”;

(b)
in subsection (4), after paragraph (b) insert “or

(c)
the person or one of the persons who gave a Part 5A

notice in respect of the premises.”

(9)
In section 153 of that Act (prohibition of unsupervised sales by children)—

(a)
omit the “and” before subsection (4)(c);

(b)
after that paragraph insert “, and

(d)
in relation to a sale by retail that is a permitted sale by

virtue of Part 5A—

(i)
the person who gave the Part 5A notice, or

(ii)
any individual aged 18 or over who is authorised

for the purposes of this section by that person.”

(10)
In section 159 of that Act (interpretation of Part 7), at the end of the definition of

“relevant premises” insert “, or

(d)
except in sections 145 and 152, premises that (by reason of being

specified in a Part 5A notice) are premises on which a sale by

retail of alcohol is capable of being a permitted sale by virtue of

Part 5A;”.

(11)
In section 194 of that Act (index of defined expressions) insert the following

entries at the appropriate places—

“Part 5A notice
section 110A(2)”

“relevant licensing authority, in Part 5A
section 110N”

“relevant person, in Part 5A
section 110D(11)”.

(12)
In section 197 of that Act (regulations and orders)—

(a)
in subsection (3) (which lists exceptions to the use of the negative

procedure), after paragraph (c) insert—

“(cza)
regulations under section 110B(2), (3) or (7) or 110C(2),

(3), (5) or (6) (regulations relating to sales of alcohol

permitted by virtue of Part 5A),”;

(b)
in subsection (4) (which specifies when the affirmative procedure is

required)—

(i)
after “or (g)” insert “or regulations within subsection (3)(cza)”;

(ii)
after “the order” insert “or regulations”.’.

Member’s explanatory statement

This amendment, together with amendment , inserts new Part 5A into the Licensing Act 2003 (with

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649

Deregulation Bill, continued

consequential provision to other Parts of that Act) to introduce a new procedure for authorising

the sale of alcohol where the sale is ancillary to a community event or to the provision of other

goods or services by a business.

Tom Brake

Oliver Heald

Added  NS1

To move the following Schedule:—

‘Part to be inserted as Part 5A of the Licensing Act 2003

“Part 5A

sale of alcohol at community events etc and ancillary business

sale of alcohol

Conditions for permitted sales

110A
General conditions

(1)
A sale by retail of alcohol is a permitted sale by virtue of this Part if—

(a)
the community event conditions (set out in section 110B or in

regulations made under that section) or the ancillary business

sales conditions (set out in section 110C or in regulations

made under that section) are satisfied in relation to it, and

(b)
the conditions set out in subsections (2) to (5) below are

satisfied in relation to it.

(2)
The sale must take place on premises specified in a notice that

complies with section 110D (a “Part 5A notice”).

(3)
No counter notice under section 110J must have been given in relation

to the Part 5A notice.

(4)
The sale must take place during the period of 36 months beginning

with the date when the Part 5A notice takes effect.

(5)
The sale must take place between 07.00 a.m. and 11.00 p.m.

110B
Community event conditions

(1)
The community event conditions, in relation to a sale by retail of

alcohol, are the conditions set out in subsections (2) to (6) and any

additional conditions set out in regulations under subsection (7).

(2)
The sale must be made by or on behalf of a body that is—

(a)
of a prescribed description,

(b)
does not trade for profit, and

(c)
meets any prescribed criteria.

(3)
The sale must be ancillary to an event that—

(a)
is taking place on the premises,

(b)
is organised by the body by or on whose behalf the sale is

made,

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Deregulation Bill, continued

(c)
has been advertised in advance, and

(d)
meets any prescribed criteria.

(4)
The sale must take place on the premises during the course of the

event.

(5)
The alcohol must be sold for consumption on the premises during the

course of the event.

(6)
The number of persons present on the premises at the time of the sale

must not exceed 300.

(7)
Regulations may provide for additional conditions prescribed in the

regulations to be community event conditions.

110C
Ancillary business sales conditions

(1)
The ancillary business sales conditions, in relation to a sale by retail of

alcohol, are the conditions set out in subsections (2) to (5) and any

additional conditions set out in regulations under subsection (6).

(2)
The sale must be made by or on behalf of a body that—

(a)
is of a prescribed description, and

(b)
meets any prescribed criteria.

(3)
The sale must take place on premises that—

(a)
are managed by the body by or on whose behalf the sale is

made,

(b)
are of a prescribed description, and

(c)
meet any prescribed criteria.

(4)
The sale must be ancillary to the provision of goods or services to a

person on the premises where the sale takes place.

(5)
Except in prescribed circumstances, the alcohol must be sold for

consumption on those premises.

(6)
Regulations may provide for additional conditions prescribed in the

regulations to be ancillary business sales conditions.

Part 5A notices

110D
Conditions for validity of notices

(1)
A notice complies with this section if the conditions set out in

subsections (2) to (10) are satisfied in relation to the notice.

(2)
The notice must specify whether—

(a)
the community event conditions (set out in section 110B or in

regulations under that section), or

(b)
the ancillary business sales conditions (set out in section 110C

or in regulations under that section),


will be satisfied in relation to sales of alcohol on the premises in

question.

(3)
The notice must specify (for the purposes of section 110A(2))—

(a)
in the case of a notice that specifies the ancillary business

sales conditions, the set of premises to which it relates;

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Deregulation Bill, continued

(b)
in the case of a notice that specifies the community event

conditions, no more than three sets of community premises,

each of which must be wholly or partly in the area of the same

licensing authority.

(4)
The notice must be given, on behalf of the body by or on whose behalf

the sale of alcohol on the premises would take place, by a person who

is aged 18 or over and is concerned in the management of the body.

(5)
The notice must be given to the relevant licensing authority,

accompanied by the prescribed fee.

(6)
Unless the notice is given to the relevant licensing authority by means

of a relevant electronic facility, a copy of the notice must be given to

each relevant person.

(7)
The notice must be in the prescribed form.

(8)
The notice must specify the date when it takes effect.

(9)
The specified date must be at least 10 working days, but no more than

3 months, after the day on which the notice is given.


Where subsection (6) applies, the notice is treated as given only when

that subsection is complied with.

(10)
The notice must contain any other information that regulations require

it to contain.

(11)
In this Part, “relevant person”, in relation to any premises, means—

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

premises are situated;

(b)
the local authority by which statutory functions are

exercisable in any area in which the premises are situated in

relation to minimising or preventing the risk of pollution of

the environment or of harm to human health.

110E
Special restriction on giving of notices

(1)
This section applies where—

(a)
a Part 5A notice is given on behalf of a body, and

(b)
a counter notice under section 110J is given in relation to the

Part 5A notice.

(2)
No further Part 5A notice may be given in respect of any premises

specified in the notice, whether on behalf of that body or on behalf of

another body that is an associate of it, before the end of the period of

12 months beginning with the day on which the counter notice is

given.

(3)
However, the restriction in subsection (2) ceases to apply if the

counter notice is revoked under section 110K or quashed by a court.

(4)
For the purposes of this section, a body is an associate of another body

if it would be an associate of the other body for the purposes of the

Estate Agents Act 1979 (see section 32(4) to (6) of that Act).

110F
Date when Part 5A notice takes effect

(1)
A Part 5A notice takes effect on the date specified under section

110D(8).

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Deregulation Bill, continued

(2)
Subsection (1) does not apply if a counter notice is given under section

110J in relation to the notice.


(For the case where a counter notice is revoked or quashed by a court,

see section 110K(2).)

110G
Acknowledgement of notice etc

(1)
This section applies where a relevant licensing authority receives a

notice that is, or purports to be, a Part 5A notice.

(2)
The authority must give written acknowledgement of the receipt of the

notice to the person who gave it.

(3)
The acknowledgment must be given—

(a)
before the end of the first working day following the day on

which it was received, or

(b)
if the day on which it was received was not a working day,

before the end of the second working day following that day.

(4)
If the licensing authority is of the opinion that the notice does not

comply with section 110D, the authority must as soon as possible give

to the person who gave the notice written notification of the reasons

for its opinion.

(5)
Subsection (2) does not apply where, before the time by which

acknowledgement of the receipt of the notice must be given in

accordance with subsection (3), the person who gave the notice has

been given a counter notice under section 110J.

110H
Theft, loss etc of Part 5A notice

(1)
Where a Part 5A notice is lost, stolen, damaged or destroyed, the

person who gave the notice may apply to the relevant licensing

authority for a copy of the notice.

(2)
The application must be accompanied by the prescribed fee.

(3)
Where an application is made in accordance with this section, the

licensing authority must issue the applicant with a copy of the notice

(certified by the authority to be a true copy) if it is satisfied that the

notice has been lost, stolen, damaged or destroyed.

(4)
This Act applies in relation to a copy issued under this section as it

applies in relation to an original notice.

Objections and counter notices

110I
Objection to Part 5A notice by a relevant person

(1)
Where a relevant person who is given a Part 5A notice is satisfied that

allowing alcohol to be sold on the premises (or any of the premises) to

which the notice relates would undermine a licensing objective, the

relevant person must give a notice stating the reasons for being so

satisfied (an “objection notice”)—

(a)
to the relevant licensing authority,

(b)
to the person who gave the Part 5A notice, and

(c)
to every other relevant person.

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Deregulation Bill, continued

(2)
Subsection (1) does not apply at any time after the relevant person has

received a copy of a counter notice under section 110J in relation to

the Part 5A notice.

(3)
An objection notice may be given only during the period beginning

with the day on which the relevant person is given the Part 5A notice

and ending with the third working day following that day (“the three-

day period”).

(4)
The restriction in subsection (3) does not apply to an objection notice

based on—

(a)
things occurring after the end of the three-day period, or

(b)
information that the relevant person was unaware of, and

could not with reasonable diligence have discovered, until

after the end of that period.

110J
Counter notices

(1)
Where a relevant licensing authority receives a Part 5A notice, the

relevant licensing authority may—

(a)
give the person who gave the Part 5A notice a counter notice

under this section;

(b)
give a copy of the counter notice to each relevant person.

(2)
Where the relevant licensing authority receives an objection notice

given in compliance with the requirement imposed by section 110I(3),

the relevant licensing authority must decide whether to give a counter

notice (and, if it does so decide, give that notice) no later than

whichever of the following is the earlier—

(a)
the day before the date when the Part 5A would take effect

(see section 110D(8));

(b)
the expiry of the period of 28 days beginning with the day on

which the objection notice is received by the relevant

licensing authority.

(3)
The power conferred by subsection (1) may not be exercised at any

time after the Part 5A notice takes effect unless an objection notice

under section 110I has been given, by virtue of subsection (4) of that

section, in relation to the notice.

(4)
The counter notice must—

(a)
be in the prescribed form, and

(b)
be given in the prescribed manner.

110K
Counter notices: revocation etc

(1)
A relevant licensing authority must revoke a counter notice given

under section 110J if—

(a)
the counter notice was given in consequence of one or more

objection notices under section 110I, and

(b)
the objection notice or (as the case may be) each of them is

withdrawn by the person who gave it or is quashed by a court.

(2)
Where a counter notice is revoked or is quashed by a court—

(a)
the counter notice is disregarded for the purposes of section

110A(3), except in relation to any time before the day on

which it is revoked or quashed,



© Parliamentary copyright	Revised 15 May 2014