Deregulation Bill (HL Bill 95)

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) 5Unless 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) 10The 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
15require 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
20exercisable 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) 25a 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
30another 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) 35For 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
40110D(8).

(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
5the 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,
10before 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) 15Subsection (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) 20Where 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
25licensing 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.

30Objections 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
35objective, 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.

(2) 40Subsection (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) 5The 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
10after 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
15under 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
20a 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
effect (see section 110D(8));

(b) the expiry of the period of 28 days beginning with the day on
25which 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
30section, 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) 35A 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
40withdrawn 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
45which 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
notify the person who gave the Part 5A notice of the date on
which it takes effect.

Rights of entry, production of notice, etc

110L 5 Right of entry where Part 5A notice given

(1) A constable or an authorised officer may, at any reasonable time,
enter 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) 10An authorised officer exercising the power conferred by this section
must, if so requested, produce evidence of the officer’s authority to
exercise the power.

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

(4) 15A 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) In this section “authorised officer” means—

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

(b) 20if the premises are situated in the area of more than one
licensing authority, an officer of any of those authorities,

authorised 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
25alcohol which are, or are purported to be, permitted sales by virtue
of this Part.

(2) The 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) 30kept at the premises in the custody of that person or of
someone who is present and working at the premises and
whom 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
35nominated person (and not prominently displayed at the premises)
the person who gave the Part 5A notice must secure that a notice—

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

(b) specifying the position held at the premises by the nominated
40person,

is prominently displayed at the premises.

(4) It 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
the premises, and

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

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

(7) 10An 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) It 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
15under 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) In this section “authorised officer” has the meaning given in section
110L(5).

20Supplementary

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
section.

(2) 25In 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
authority in whose area the premises are situated.

(3) 30Where 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
35one 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
licensing authority is—

(a) 40if 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
and also partly in the area of another, such one of them as the
45person giving the Part 5A notice may choose.”

Section 68

SCHEDULE 18 Amendments consequential on section 68

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

1 The Licensing Act 2003 is amended as follows.

2 5In 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) In the italic heading before section 117 (application for grant or renewal of
10personal 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) Omit subsections (3), (4) and (6).

5 15Omit 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) In the definition of “objection notice” in that subsection, omit “or 121, as the
20case 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
as follows.

(2) 25In 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
(5)(a) and (c).

11 30In 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 In Schedule 3 (matters to be entered in licensing register), in paragraph (w),
35omit “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) Omit sub-paragraph (3).

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

(5) 5Omit 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
makes an amendment to section 121 of the Licensing Act 2003, repealed by
paragraph 6 above), omit subsection (4).

Section 85

10SCHEDULE 19 Poisons and explosives precursors

Abolition of Poisons Board

1 (1) The Poisons Board is abolished.

(2) As a result—

(a) 15in 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
Board.

Establishment of common regulatory system

2 20The Poisons Act 1972 is amended as follows.

3 For section 2 substitute—

“2 Regulated substances and reportable substances

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

(2) “Regulated substance” means a regulated explosives precursor or
25regulated poison.

(3) Subject to subsection (4), a “regulated explosives precursor”—

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

(b) 30includes 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.

(4) For the purposes of section 3C however, and the meaning of
35“regulated substance” in or in relation to that section, a “regulated
explosives precursor”—

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

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

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

(5) A “regulated poison”—

(a) 5is 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) includes a mixture or another substance in which a substance
listed in that Part is present in a concentration higher than the
10relevant limit,

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

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

(7) A “reportable explosives precursor”—

(a) 15is 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,

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

(8) A “reportable poison”—

(a) 20is 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) includes a mixture or another substance in which a substance
listed in that Part is present in a concentration higher than the
25relevant limit,

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

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

(a) it is medicinal, or

(b) 30it is contained in a specific object.

(10) A 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
35regulation 2 of the Medicines for Human Use (Clinical Trials)
Regulations 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
40order under section 104 or 105 of the Medicines Act 1968
(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) 45a veterinary medicinal product as defined by regulation 2 of
the Veterinary Medicines Regulations 2013 (S.I. 2013/2033S.I. 2013/2033).

(11) 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) an article that contains explosive substances or an explosive
5mixture 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
Council Directive 96/98/EC on marine equipment,
10and

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

(12) See also section 9B (which contains power to disapply requirements
15of 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
substance or concentration limit or make any other change),
20and

(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
power to add a concentration limit in any Part of Schedule 1A
25(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) 30they are in common use, or are likely to come into common
use, for purposes other than the treatment of human
ailments, and

(b) it is reasonably necessary to include them in one of those
Parts if members of the general public are to have adequate
35facilities for obtaining them.”

4 For section 3 substitute—

“3 Activities 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
40recognised non-GB licence, to do that thing with respect to that
substance.

(2) The things are—

(a) importing a regulated substance,

(b) acquiring a regulated substance,

(c) 45possessing a regulated substance,

(d) using a regulated substance.

(3) For 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) 5“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
10control, 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
15or 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
20substance 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) 25inspect 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
30entered) in the licence, or recognised non-GB licence, of the member
of 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
35substance is supplied.

(5) A “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) 40A person does not commit an offence under subsection (1), (3) or (4)
if 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.

(8) 45The Secretary of State may by regulations make provision modifying
this section so far as it applies to any supplies that involve despatch