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10 Refusal of registration
| (1) | The council may refuse to grant or renew a registration on any of the following grounds:—
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| (a) | the applicant could be reasonably regarded as not being a fit and proper person to hold a registration;
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| (b) | the applicant has received insufficient training;
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| (c) | the applicant has made a material statement which he knew to be false in a material particular in connection with his application;
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| (d) | the applicant has failed to comply with the requirements of subsection (4) or (6) of section 9 (Applications under Part 3) of this Act;
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| (e) | any other reasonable cause.
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| (2) | The council shall not refuse to grant or renew a registration without giving the applicant an opportunity to appear before the committee, sub-committee or officer determining the matter.
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| (3) | Where the council refuse to grant or renew a registration, they shall if required to do so by the applicant give the applicant a statement in writing of the reasons for their decision within 7 days of the applicant requiring them to do so.
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11 Cancellation
| | The council may, at the written request of the holder of a registration, cancel that registration.
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12 Suspension and revocation
| (1) | The council may suspend or revoke a registration on any of the grounds included in section 10 (Refusal of registration) of this Act.
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| (2) | Where the council consider that a registration could be suspended or revoked under subsection (1) above they may instead of suspending or revoking it attach additional conditions to the registration.
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| (3) | The council shall not suspend, revoke, or attach additional conditions to, a registration without giving the holder of the registration an opportunity to appear before the committee, sub-committee or officer determining the matter.
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| (4) | Where the council suspend, revoke, or attach additional conditions to, a registration, they shall if required to do so by the holder of the registration give the holder a statement in writing of the reasons for their decision within 7 days of the holder requiring them to do so.
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13 Power to prescribe standard terms, conditions and restrictions under Part 3
| (1) | The council may make regulations prescribing standard conditions applicable to all registrations.
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| (2) | Where the council have made regulations under this section every such registration granted or renewed by them shall be deemed to have been so granted or renewed subject to the standard conditions except so far as they are expressly excluded or amended in any particular case.
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14 Appeals under Part 3
| (1) | Any of the following persons, that is to say:—
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| (a) | an applicant for the grant or renewal of a registration whose application is refused;
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| (b) | the holder of a registration who is aggrieved by any term, condition or restriction on or subject to which the registration is held; or
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| (c) | the holder of a registration whose registration is suspended or revoked under section 12 (Suspension and revocation) of this Act;
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| | may at any time before the expiration of the period of 21 days beginning with the relevant date appeal to a magistrates' court acting for a petty sessions area which includes the city by way of complaint for an order. |
| (2) | In this section “the relevant date” means either the date on which the person in question or his representative is informed orally of the refusal of his application, the imposition of the terms, conditions or restrictions by which he is aggrieved or the suspension or revocation of his registration, as the case may be, or 7 days after the date when such notification was posted to him by first class pre-paid letter, whichever is the earlier.
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| (3) | An appeal by either party against the decision of the magistrates' court under this section may be brought to the Crown Court.
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| (4) | On an appeal to the magistrates' court or to the Crown Court under this section the court may make such order as it thinks fit and it shall be the duty of the council to give effect to such order.
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| (5) | Where a registration is suspended or revoked under section 12 (Suspension and revocation) of this Act or an application for the renewal of a registration is refused, the registration shall be deemed to remain in force—
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| (a) | until the time for bringing an appeal under this section has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal; and
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| (b) | where an appeal relating to the refusal of an application for such a renewal is successful until the licence is renewed by the council.
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| (6) | Where a registration is renewed under section 8 (Power to register) of this Act and the council specify a term, condition or restriction which was not previously specified in relation to that licence or such a condition or restriction is imposed under section 12(2) of this Act the registration shall be deemed to be free of it until the time for bringing an appeal under this section has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal.
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15 Enforcement under Part 3
| (1) | If the holder of a licence in respect of licensed premises or any person concerned in the conduct or management of such premises employs a person as a door supervisor who is not currently registered with the council he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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| (2) | Any person who is employed on licensed premises as a door supervisor without being currently registered with the council shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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| (a) | contravenes any of the conditions of his registration; or
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| (b) | resists or intentionally obstructs any person in the execution of his duties under this Part of this Act; or
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| (c) | in connection with his application for registration makes a statement which he knows to be false in a material particular,
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| | shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. |
16 Powers of entry under Part 3
| (1) | An authorised officer (on production, if so required, of a duly authenticated document of his authority) or any constable may at all reasonable times enter upon any premises where he has reasonable cause to believe—
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| (a) | persons are being employed or are acting as door supervisors who have not been registered by the council; or
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| (b) | door supervisors are contravening any of the conditions of the registration,
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| | and may inspect the premises and anything in them for the purpose of ascertaining whether an offence has been committed. |
| (2) | The power of an authorised officer or constable under subsection (1) above to inspect anything on any premises includes power to require any information which is kept by means of a computer and is accessible from the premises to be made available for inspection in a visible and legible form.
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| (3) | Subsections (2), (3) and (4) of section 287 of the Public Health Act 1936 (c. 49) shall apply in respect of entry to premises for the purpose of this section as they apply to entry to premises for the purposes of subsection (1) of that section.
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17 Confidentiality
| (1) | A person who discloses information which he has obtained by virtue of this Part of this Act and which relates to the affairs of a particular business shall be guilty of an offence unless he does so—
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| (a) | with the consent of the person for the time being carrying on the business; or
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| (b) | in the exercise of functions under this Part of this Act.
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| (2) | A person guilty of an offence under this section shall be liable—
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| (a) | on summary conviction, to a fine not exceeding the statutory maximum; and
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| (b) | on conviction on indictment, to imprisonment not exceeding two years or a fine or both.
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18 Application to existing door supervisors
| | Persons who are employed as door supervisors on the appointed day and who apply for registration within four weeks of that day or within such longer period as the council may determine with respect to any particular person may lawfully continue to be employed as door supervisors until the determination or withdrawal of their application and if an appeal is duly lodged until the determination or abandonment of the appeal.
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19 Defence of due diligence
| (1) | In proceedings for an offence under any provision of this Part of this Act except subsections (2) and (3) of section 15 (Enforcement under Part 3) of this Act it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
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| (2) | If in any case the defence provided under subsection (1) above involves the allegation that the commission of the offence was due to the act or default of another person the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession, identifying, or assisting in the identification of, that other person.
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PART 4
REGISTRATION OF SECOND-HAND GOODS DEALERS
20 Dealers in second-hand goods
| (1) | On and from the appointed day a person shall not in the city carry on the business of a dealer in second-hand goods without being registered by the council under this section or exempted from registration by subsection (9) below and, when he is not so exempted, he shall not carry on such a business in premises occupied by him when the premises are not so registered.
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| (2) | On application for registration under this section the council shall register the applicant and, if the application specifies premises, those premises and issue to the applicant a certificate of registration.
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| (3) | (a) | Every person registered under this section shall, as respects every transaction under which he acquires any articles in the course of his business, keep a record of the date of the transaction, the quantity and description of the articles and the name and address of the person from whom the articles were acquired.
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| (b) | Any record kept in pursuance of paragraph (a) above shall be retained by him until the end of the period of one year beginning with the day on which the last transaction was or ought to have been recorded.
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| (4) | Registration under this section shall remain in force for 3 years from the date thereof.
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| (5) | If any person contravenes subsection (1) or (3) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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| (6) | The occupier of any premises used by a person registered under this section for the purposes of the business in respect of which he is so registered shall keep a copy of the certificate of registration displayed in the premises, and, if without reasonable excuse he fails to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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| (7) | (a) | An authorised officer on producing if so required a duly authenticated document showing his authority, or a constable, may at all reasonable times, and subject to paragraph (b) below—
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| (i) | enter and inspect any premises registered under this section and inspect any record kept in accordance with subsection (3) above and take a copy thereof and may do all such things as are reasonably necessary for the purpose of ascertaining whether there is, or has been, in, or in connection with, the premises, a contravention of the provisions of this section; or
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| (ii) | enter and inspect any premises not registered under this section which he has reasonable cause to believe are being used for, or in connection with, the business of a dealer in second-hand goods, for the purposes of ascertaining whether in connection with such premises there is a contravention of subsection (1) above.
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| (b) | Subsections (2), (3) and (4) of section 287 of the Public Health Act 1936 (c. 49) shall apply in respect of entry to premises for the purpose of this subsection as they apply to entry to premises for the purposes of subsection (1) of that section.
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| (c) | Paragraph (a) above shall have effect in relation to any record which is kept by means of a computer and is accessible from the premises in question as if for the words “take a copy thereof” there were substituted the words “require it to be produced in a form in which it can be taken away and is both visible and legible”.
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| (8) | (a) | If a person registered under this section acquires any second-hand goods from a person whom he knows to be under the age of 16, whether those goods are offered by that person on his own behalf or on behalf of another person, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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| (b) | A person who, on selling second-hand goods to a person registered under this section, gives that person a false name or false address shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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| (9) | This section shall not apply to—
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| (a) | a person engaged in a business carried on by a group, organisation or body registered as a charity under section 3 of the Charities Act 1993 (c. 10) or excepted from registration by virtue of subsection (5) of that section; or
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| (b) | a person in respect of whom particulars are registered under the Scrap Metal Dealers Act 1964 (c. 69) in respect of his business as a scrap metal dealer; or
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| (c) | a person engaged in a business of which the primary purpose is the supply of new unused goods and to which the supply of second-hand or used goods is merely incidental; or
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| (d) | a person engaged in business as a dealer in wastepaper, cardboard, textiles, plastics in bulk or second-hand clothes in respect of his business as such; or
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| (e) | a person whose sole or principal business is the sale or purchase of, or dealing in, motor vehicles as defined in sections 185(1) and 186(1) of the Road Traffic Act 1988 (c. 52); or
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| (f) | a person by virtue only of his being engaged in the business of—
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| (i) | financing the acquisition of goods by means of hire purchase agreements, conditional sale agreements or credit sale agreements (as defined in section 189(1) of the Consumer Credit Act 1974 (c. 39)); or
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| (ii) | financing the use of goods by means of bailment agreements;
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| | and for the purposes of this section a person is not to be treated as carrying on the business of a dealer in second-hand goods merely because occasionally he enters into transactions belonging to a business of that sort. |
PART 5
DISTRIBUTION OF FREE LITERATURE
21 Interpretation of Part 5
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In this Part—“designated place” means a place designated under subsection (1) of section 22 (Distribution of free literature) of this Act or any part thereof;
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“distribute” means to offer or make available, and includes the placing of free literature on, or affixing it to, a vehicle;
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“the Executive” means the Tyne and Wear Passenger Transport Executive;
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“free literature” means any newspaper, document, card or other literature for which no charge is made to the recipient and which advertises, or contains or comprises an advertisement, for commercial gain; and
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“public passenger transport service” has the same meaning as in section 63(10) of the Transport Act 1985 (c. 67).
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