Deregulation Bill (HL Bill 33)

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
5person 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
10(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 15 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
20for 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.

(2) Subsection (1) does not apply at any time after the relevant person
25has 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
30three-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
35could 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) 40give 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 notice would take
5effect (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
10time 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) 15be 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
20objection 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) 25the 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,

(b) the Part 5A notice takes effect on that day, and

(c) the relevant licensing authority must as soon as possible
30notify the person who gave the Part 5A notice of the date on
which it takes effect.

Rights of entry, production of notice, etc

110L Right of entry where Part 5A notice given

(1) A constable or an authorised officer may, at any reasonable time,
35enter premises to which a Part 5A notice relates to assess the likely
effect of the notice on the promotion of the crime prevention
objective.

(2) An authorised officer exercising the power conferred by this section
must, if so requested, produce evidence of the officer’s authority to
40exercise the power.

(3) It is an offence intentionally to obstruct an authorised officer
exercising a power conferred by this section.

(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) 45In this section “authorised officer” means—

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

(b) if the premises are situated in the area of more than one
licensing authority, an officer of any of those authorities,

5authorised for the purposes of this Act.

110M Duty to keep and produce Part 5A notice

(1) This section applies whenever premises are being used for sales of
alcohol which are, or are purported to be, permitted sales by virtue
of this Part.

(2) 10The person who gave the Part 5A notice must secure that a copy of
the notice is either—

(a) prominently displayed at the premises, or

(b) kept at the premises in the custody of that person or of
someone who is present and working at the premises and
15whom that person has nominated for the purposes of this
section (a “nominated person”).

(3) Where a copy of the Part 5A notice is kept in the custody of a
nominated person (and not prominently displayed at the premises)
the person who gave the Part 5A notice must secure that a notice—

(a) 20stating that the Part 5A notice is in the nominated person’s
custody, and

(b) specifying the position held at the premises by the nominated
person,

is prominently displayed at the premises.

(4) 25It is an offence for the person who gave the Part 5A notice to fail,
without reasonable excuse, to comply with subsection (2) or (where
it applies) subsection (3).

(5) Where—

(a) a copy of the Part 5A notice is not prominently displayed at
30the premises, and

(b) no notice is displayed as mentioned in subsection (3),

a constable or authorised officer may require the person who gave
the Part 5A notice to produce a copy of it for examination.

(6) Where a notice is displayed as mentioned in subsection (3), a
35constable or authorised officer may require the nominated person to
produce a copy of the Part 5A notice for examination.

(7) An authorised officer exercising the power conferred by subsection
(5) or (6) must, if so requested, produce evidence of the officer’s
authority to exercise the power.

(8) 40It is an offence for a person to fail, without reasonable excuse, to
produce a copy of a Part 5A notice in accordance with a requirement
under subsection (5) or (6).

(9) 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.

(10) 45In this section “authorised officer” has the meaning given in section
110L(5).

Supplementary

110N 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
5section.

(2) In the case of a Part 5A notice that specifies the ancillary business
sales conditions or in the case of Part 5A notice that specifies the
community event conditions in relation to only one set of premises,
the relevant licensing authority is, subject to subsection (3), the
10authority in whose area the premises are situated.

(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) 15if there is no authority to which paragraph (a) applies, such
one of the authorities as the person giving the Part 5A notice
may choose.

(4) In the case of a Part 5A notice that specifies the community event
conditions in relation to more than one set of premises, the relevant
20licensing authority is—

(a) if there is only one licensing authority in whose area each set
of premises is wholly or partly situated, that licensing
authority;

(b) if each set of premises falls partly in the area of one authority
25and also partly in the area of another, such one of them as the
person giving the Part 5A notice may choose.”

Section 54

SCHEDULE 17 Amendments consequential on section 54

Licensing Act 2003 (c. 17)2003 (c. 17)

1 30The Licensing Act 2003 is amended as follows.

2 In section 10 (sub-delegation of functions by licensing committee etc), omit
subsection (4)(a)(xi).

3 In section 115 (period of validity of personal licence), omit subsection (2)(b)
and (c).

4 (1) 35In the italic heading before section 117 (application for grant or renewal of
personal licence), omit “and renewal”.

(2) In the heading, omit “or renewal”.

(3) Omit subsection (1).

(4) In subsection (2), after “An application” insert “by an individual”.

(5) 40Omit subsections (3), (4) and (6).

5 Omit section 119 (licence continued pending renewal).

6 Omit section 121 (determination of application for renewal).

7 (1) Section 122 (notification of determinations) is amended as follows.

(2) In subsection (3), in the definition of “application” omit “or renewal”.

(3) 5In the definition of “objection notice” in that subsection, omit “or 121, as the
case may be”.

8 In section 123 (duty to notify licensing authority of convictions during
application period), omit “or renewal” in subsections (1) and (4)(a).

9 (1) Section 124 (convictions coming to light after grant or renewal) is amended
10as follows.

(2) In the heading omit “or renewal”.

(3) In subsection (1), omit “or renewed”.

(4) In subsection (7), omit “or renewal” (in each place where it occurs).

10 In section 128 (duty to notify court of personal licence), omit subsection
15(5)(a) and (c).

11 In section 134 (licensing authority’s duty to update licence document), in
subsection (1)(a), omit “121 or”.

12 In section 158 (false statements made for the purpose of the Licensing Act),
in subsection (1)(d), omit “or renewal”.

13 20In Schedule 3 (matters to be entered in licensing register), in paragraph (w),
omit “or renewal”.

14 (1) In Schedule 5 (appeals), paragraph 17 is amended as follows.

(2) In sub-paragraph (1), omit paragraph (b) and the “, or” at the end of
paragraph (a).

(3) 25Omit sub-paragraph (3).

(4) In sub-paragraph (5), omit “or renewal”.

(5) Omit sub-paragraphs (9) to (11).

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

15 In section 111 of the Police Reform and Social Responsibility Act 2011 (which
30makes an amendment to section 121 of the Licensing Act 2003, repealed by
paragraph 6 above), omit subsection (4).

Section 68

SCHEDULE 18 Poisons and explosives precursors

Abolition of Poisons Board

1 (1) 35The Poisons Board is abolished.

(2) As a result—

(a) in the Poisons Act 1972, omit section 1 and Schedule 1, and

(b) in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other
public bodies and offices: general), omit the entry for the Poisons
5Board.

Establishment of common regulatory system

2 The Poisons Act 1972 is amended as follows.

3 For section 2 substitute—

“2 Regulated substances and reportable substances

(1) 10This section defines some key terms used in this Act.

(2) “Regulated substance” means a regulated explosives precursor or
regulated poison.

(3) A “regulated explosives precursor”—

(a) is a substance listed in Part 1 of Schedule 1A in a
15concentration higher than the limit set out for that substance
in that Part, and

(b) includes a mixture or another substance in which a substance
listed in that Part is present in a concentration higher than the
relevant limit,

20but, in each case, only if the substance or mixture is not excluded.

(4) A “regulated poison”—

(a) is a substance listed in Part 2 of Schedule 1A in a
concentration higher than the limit (if any) set out for that
substance in that Part, and

(b) 25includes a mixture or another substance in which a substance
listed in that Part is present in a concentration higher than the
relevant limit,

but, in each case, only if the substance or mixture is not excluded.

(5) “Reportable substance” means a reportable explosives precursor or a
30reportable poison.

(6) A “reportable explosives precursor”—

(a) is a substance listed in Part 3 of Schedule 1A, and

(b) includes a mixture or another substance in which a substance
listed in that Part is present,

35but, in each case, only if the substance or mixture is not excluded.

(7) A “reportable poison”—

(a) is a substance listed in Part 4 of Schedule 1A in a
concentration higher than the limit (if any) set out for that
substance in that Part, and

(b) 40includes a mixture or another substance in which a substance
listed in that Part is present in a concentration higher than the
relevant limit,

but, in each case, only if the substance or mixture is not excluded.

(8) For the purposes of this section, a substance or mixture is “excluded”
if—

(a) it is medicinal, or

(b) it is contained in a specific object.

(9) 5A substance or mixture is “medicinal” if it is—

(a) a medicinal product as defined by regulation 2 of the Human
Medicines Regulations 2012 (S.I. 2012/1916S.I. 2012/1916),

(b) an investigational medicinal product as defined by
regulation 2 of the Medicines for Human Use (Clinical Trials)
10Regulations 2004 (S.I. 2004/1031S.I. 2004/1031),

(c) a substance to which Part 12 of the Human Medicines
Regulations 2012 or Part 6 of the Medicines for Human Use
(Clinical Trials) Regulations 2004 applies by virtue of an
order under section 104 or 105 of the Medicines Act 1968
15(whether applying subject to exceptions and modifications or
not and, in the case of an order under section 104, whether the
substance is referred to in the order as a substance or an
article), or

(d) a veterinary medicinal product as defined by regulation 2 of
20the Veterinary Medicines Regulations 2013 (S.I. 2013/2033S.I. 2013/2033).

(10) A “specific object” is—

(a) an object that, during production, is given a special shape,
surface or design that determines its function to a greater
degree than does its chemical composition, or

(b) 25an article that contains explosive substances or an explosive
mixture of substances designed to produce heat, light, sound,
gas or smoke or a combination of such effects through self-
sustained exothermic chemical reactions, including—

(i) pyrotechnic equipment falling within the scope of
30Council Directive 96/98/EC on marine equipment,
and

(ii) percussion caps intended specifically for toys falling
within the scope of Council Directive 88/378/EEC
concerning the safety of toys.

(11) 35See also section 9B (which contains power to disapply requirements
of this Act in specified circumstances).

2A Power to amend Schedule 1A

(1) The Secretary of State may by regulations—

(a) amend Schedule 1A (whether to add, vary or remove a
40substance or concentration limit or make any other change),
and

(b) amend section 2 in consequence of any amendment made
under paragraph (a).

(2) The power in subsection (1) to add a concentration limit includes
45power to add a concentration limit in any Part of Schedule 1A
(whether for an explosives precursor or a poison).

(3) In determining the distribution of substances as between the various
Parts of Schedule 1A, regard must be had to the desirability of

restricting Parts 3 and 4 to substances that meet each of the following
criteria—

(a) they are in common use, or are likely to come into common
use, for purposes other than the treatment of human
5ailments, and

(b) it is reasonably necessary to include them in one of those
Parts if members of the general public are to have adequate
facilities for obtaining them.”

4 For section 3 substitute—

“3 10Activities prohibited without a licence

(1) A member of the general public commits an offence if he or she does
anything listed in subsection (2) without having a licence, or a
recognised non-GB licence, to do that thing with respect to that
substance.

(2) 15The things are—

(a) importing a regulated substance,

(b) acquiring a regulated substance,

(c) possessing a regulated substance,

(d) using a regulated substance.

(3) 20For the purposes of this section—

(a) “acquiring” means taking into your possession, custody or
control,

(b) “importing” means bringing into Great Britain from a
country or territory outside the United Kingdom,

(c) 25“member of the general public” means an individual who is
acting (alone or with others) for purposes not connected with
his or her trade, business or profession or the performance by
him or her of a public function,

(d) “possessing” means having in your possession, custody or
30control, and

(e) “using” includes processing, formulating, storing, treating or
mixing, including in the production of an article.

(4) A member of the general public does not commit an offence under
subsection (1) if the requirements of this section do not apply to his
35or her case by virtue of regulations made under section 9B.

(5) This section does not apply to the possession or use of a regulated
substance at any time before 3 March 2016.

3A Supply of regulated substances

(1) A person commits an offence if the person supplies a regulated
40substance to a member of the general public without first verifying
that the member of the general public has a licence, or a recognised
non-GB licence, to acquire, possess and use that substance.

(2) In order to verify that someone has a licence or recognised non-GB
licence, it is sufficient for these purposes to—

(a) 45inspect the person’s licence, and

(b) inspect the form of identification specified in that licence.

(3) A person commits an offence if the person supplies a regulated
substance to a member of the general public without first entering
details of the transaction (or causing details of the transaction to be
entered) in the licence, or recognised non-GB licence, of the member
5of the general public.

(4) A person commits an offence if the person supplies a regulated
substance to a member of the general public without first ensuring
that a warning label is affixed to the packaging in which the
substance is supplied.

(5) 10A “warning label” is a label clearly indicating that it is an offence for
members of the general public to acquire, possess or use the
substance in question without a licence (or recognised non-GB
licence).

(6) A person does not commit an offence under subsection (1), (3) or (4)
15if the requirements of that subsection do not apply to the person’s
case by virtue of regulations made under section 9B.

(7) Before 3 March 2016, subsections (1) and (5) have effect as if the
references to possession and use of the substance were omitted.

3B Supply of regulated poisons other than by pharmacists

(1) 20A person commits an offence if the person supplies a regulated
poison to a member of the general public other than in the
circumstances described in subsection (2).

(2) Those circumstances are—

(a) the person is lawfully conducting a retail pharmacy business,

(b) 25the supply is made on premises that are a registered
pharmacy, and

(c) the supply is made by or under the supervision of a
pharmacist.

(3) A person commits an offence if the person supplies a regulated
30poison to a member of the general public without complying with
the record-keeping requirements before delivering the poison.

(4) The record-keeping requirements are—

(a) the person must make an entry (or cause an entry to be made)
in a record to be kept by the person for the purposes of this
35subsection stating—

(i) the date of the supply,

(ii) the name and address of the member of the general
public,

(iii) the name and quantity of the regulated poison
40supplied, and

(iv) the purposes for which it is stated by the member of
the general public to be required, and

(b) the person must ensure that the member of the general public
signs the entry.

(5) 45A person does not commit an offence under subsection (1) or (3) if the
requirements of that subsection do not apply to the person’s case by
virtue of regulations made under section 9B.

3C Reporting of suspicious transactions, disappearance and thefts

(1) A supplier must report any relevant transaction that it makes or
proposes to make if the supplier has reasonable grounds for
believing the transaction to be suspicious.

(2) 5A “relevant transaction” is a transaction involving the supply of a
regulated substance or a reportable substance to a customer, whether
an end user or a customer higher up the supply chain and whether a
business or a private customer.

(3) A relevant transaction is “suspicious” if there are reasonable grounds
10for suspecting that the substance in question—

(a) if it is a regulated explosives precursor or reportable
explosives precursor, is intended for the illicit manufacture of
explosives, or

(b) if it is a regulated poison or a reportable poison, is intended
15for any illicit use.

(4) In deciding whether there are reasonable grounds for suspecting
such a thing, regard must be had to all the circumstances of the case,
including in particular where the prospective customer—

(a) appears unclear about the intended use of the substance,

(b) 20appears unfamiliar with the intended use of the substance or
cannot explain it plausibly,

(c) intends to buy substances in quantities, combinations or
concentrations uncommon for private use,

(d) is unwilling to provide proof of identity or place of residence,
25or

(e) insists on using unusual methods of payment, including
large amounts of cash.

(5) A person carrying on a trade, business or profession that involves
regulated substances or reportable substances must report the
30disappearance or theft of any such substances if the disappearance or
theft—

(a) is from stocks in the person’s possession, custody or control
in Great Britain, and

(b) is significant.

(6) 35In deciding whether a disappearance or theft is significant, regard
must be had to whether the amount involved is unusual in all the
circumstances of the case.

(7) A duty under this section to “report” something is a duty to give
notice of it to the Secretary of State in accordance with such
40requirements as may be specified by the Secretary of State by
regulations made under this subsection.

(8) A person who fails to comply with subsection (1) or (5) commits an
offence.

(9) A person does not commit an offence under subsection (8) if the
45requirements of subsection (1) or, as the case may be, (5) do not apply
to the person’s case by virtue of regulations made under section 9B.”

5 Omit section 4.