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A | |
Bill | |
To | |
Make provision about the regulation of the sale and supply of alcohol, the | |
provision of entertainment and the provision of late night refreshment, about | |
offences relating to alcohol and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Licensable activities | |
1 Licensable activities and qualifying club activities | |
(1) For the purposes of this Act the following are licensable activities— | |
(a) the sale by retail of alcohol, | 5 |
(b) the supply of alcohol by or on behalf of a club to, or to the order of, a | |
member of the club, | |
(c) the provision of regulated entertainment, and | |
(d) the provision of late night refreshment. | |
(2) For those purposes the following licensable activities are also qualifying club | 10 |
activities— | |
(a) the supply of alcohol by or on behalf of a club to, or to the order of, a | |
member of the club for consumption on the premises where the supply | |
takes place, | |
(b) the sale by retail of alcohol by or on behalf of a club to a guest of a | 15 |
member of the club for consumption on the premises where the sale | |
takes place, and | |
(c) the provision of regulated entertainment where that provision is by or | |
on behalf of a club for members of the club or members of the club and | |
their guests. | 20 |
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(3) In this Act references to the supply of alcohol by or on behalf of a club to, or to | |
the order of, a member of the club do not include a reference to any supply | |
which is a sale by retail of alcohol. | |
(4) Schedule 1 makes provision about what constitutes the provision of regulated | |
entertainment for the purposes of this Act. | 5 |
(5) Schedule 2 makes provision about what constitutes the provision of late night | |
refreshment for those purposes (including provision that certain activities | |
carried on in relation to certain clubs or hotels etc, or certain employees, do not | |
constitute provision of late night refreshment and are, accordingly, not | |
licensable activities). | 10 |
(6) For the purposes of this Act premises are “used” for a licensable activity if that | |
activity is carried on on or from the premises. | |
(7) This section is subject to sections 172 to 174 (which exclude activities from the | |
definition of licensable activity in certain circumstances). | |
2 Authorisation for licensable activities and qualifying club activities | 15 |
(1) A licensable activity may be carried on— | |
(a) under and in accordance with a premises licence (see Part 3), or | |
(b) in circumstances where the activity is a permitted temporary activity | |
by virtue of Part 5. | |
(2) A qualifying club activity may be carried on under and in accordance with a | 20 |
club premises certificate (see Part 4). | |
(3) Nothing in this Act prevents two or more authorisations having effect | |
concurrently in respect of the whole or a part of the same premises or in respect | |
of the same person. | |
(4) For the purposes of subsection (3) “authorisation” means— | 25 |
(a) a premises licence; | |
(b) a club premises certificate; | |
(c) a temporary event notice. | |
Part 2 | |
Licensing authorities | 30 |
The authorities | |
3 Licensing authorities | |
(1) In this Act “licensing authority” means— | |
(a) the council of a district in England, | |
(b) the council of a county in England in which there are no district | 35 |
councils, | |
(c) the council of a county or county borough in Wales, | |
(d) the council of a London borough, | |
(e) the Common Council of the City of London, | |
(f) the Sub-Treasurer of the Inner Temple, | 40 |
(g) the Under-Treasurer of the Middle Temple, | |
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(h) the Council of the Isles of Scilly, or | |
(i) for purposes of personal licences, the Central Licensing Authority. | |
(2) For the purposes of this Act, a licensing authority’s area is the area for which | |
the authority acts. | |
4 Central Licensing Authority | 5 |
(1) There shall be a body corporate to be known as the Central Licensing Authority | |
(in this Act referred to as “the Central Authority”). | |
(2) The functions of the Central Authority shall be— | |
(a) to act as the Licensing Authority for personal licences under Part 6 of | |
this Act, and | 10 |
(b) such other functions as may be conferred on it by an order made by the | |
Secretary of State. | |
(3) The Secretary of State may by regulations make provision about the | |
membership and staff of the Central Authority. | |
(4) The expenses of the Central Authority shall be paid by the Secretary of State | 15 |
out of money provided by Parliament. | |
(5) Any order or regulations made under this section shall be made by statutory | |
instrument, and no order or regulations shall be made unless a draft of the | |
order or regulations has been approved by a resolution of each House of | |
Parliament. | 20 |
Functions of licensing authorities etc. | |
5 General duties of licensing authorities | |
(1) A licensing authority must carry out its functions under this Act (“licensing | |
functions”) with a view to promoting the licensing objectives. | |
(2) The licensing objectives are— | 25 |
(a) the prevention of crime and disorder; | |
(b) public safety; | |
(c) the prevention of unreasonable diminution of the living and working | |
amenity and environment of interested parties in the vicinity of the | |
premises balancing those matters against the benefits to be derived | 30 |
from the leisure amenity of such premises; and | |
(d) the protection of children from harm. | |
(3) In carrying out its licensing functions, a licensing authority must also have | |
regard to— | |
(a) its licensing statement published under section 6, and | 35 |
(b) any guidance issued by the Secretary of State under section 179. | |
6 Statement of licensing policy | |
(1) Each licensing authority must in respect of each three year period— | |
(a) determine its policy with respect to the exercise of its licensing | |
functions, and | 40 |
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(b) publish a statement of that policy (a “licensing statement”) before the | |
beginning of the period. | |
(2) In this section “three year period” means— | |
(a) the period of three years beginning with such day as the Secretary of | |
State may by order appoint, and | 5 |
(b) each subsequent period of three years. | |
(3) Before determining its policy for a three year period, a licensing authority must | |
consult— | |
(a) the chief officer of police for the licensing authority’s area, | |
(b) the fire authority for that area, | 10 |
(c) such persons as the licensing authority considers to be representative of | |
holders of premises licences issued by that authority, | |
(d) such persons as the licensing authority considers to be representative of | |
holders of club premises certificates issued by that authority, | |
(e) such persons as the licensing authority considers to be representative of | 15 |
holders of personal licences issued by that authority, and | |
(f) such other persons as the licensing authority considers to be | |
representative of businesses and residents in its area. | |
(4) During each three year period, a licensing authority must keep its policy under | |
review and make such revisions to it, at such times, as it considers appropriate. | 20 |
(5) Subsection (3) applies in relation to any revision of an authority’s policy as it | |
applies in relation to the original determination of that policy. | |
(6) Where revisions are made, the licensing authority must publish a statement of | |
the revisions or the revised licensing statement. | |
(7) Regulations may make provision about the determination and revision of | 25 |
policies, and the preparation and publication of licensing statements, under | |
this section. | |
7 Licensing committees | |
(1) Each licensing authority must establish a licensing committee consisting of at | |
least ten, but not more than fifteen, members of the authority. | 30 |
(2) This section does not apply in relation to the Sub-Treasurer of the Inner Temple | |
or the Under-Treasurer of the Middle Temple. | |
8 Exercise and delegation of functions | |
(1) All matters relating to the discharge by a licensing authority of its licensing | |
functions are, by virtue of this subsection, referred to its licensing committee | 35 |
and, accordingly, that committee must discharge those functions on behalf of | |
the authority. | |
(2) Subsection (1) does not apply to— | |
(a) any function conferred on the licensing authority by section 6 | |
(statement of licensing policy), or | 40 |
(b) any function discharged under subsection (5)(a) below by a committee | |
(other than a licensing committee), | |
or any matter relating to the discharge of any such function. | |
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(3) A licensing authority may arrange for the discharge by its licensing committee | |
of any function of the authority which— | |
(a) relates to a matter referred to that committee by virtue of subsection (1), | |
but | |
(b) is not a licensing function. | 5 |
(4) Where the licensing authority does not make arrangements under subsection | |
(3) in respect of any such function, it must (unless the matter is urgent) consider | |
a report of its licensing committee with respect to the matter before discharging | |
the function. | |
(5) Where a matter relates to a licensing function of a licensing authority and to a | 10 |
function of the authority which is not a licensing function (“the other | |
function”), the authority may— | |
(a) refer the matter to another of its committees and arrange for the | |
discharge of the licensing function by that committee, or | |
(b) refer the matter to its licensing committee (to the extent it is not already | 15 |
so referred under subsection (1)) and arrange for the discharge of the | |
other function by the licensing committee. | |
(6) In a case where an authority exercises its power under subsection (5)(a), the | |
committee to which the matter is referred must (unless the matter is urgent) | |
consider a report of the authority’s licensing committee with respect to the | 20 |
matter before discharging the function concerned. | |
(7) Before exercising its power under subsection (5)(b), an authority must consult | |
its licensing committee. | |
(8) In a case where an authority exercises its power under subsection (5)(b), its | |
licensing committee must (unless the matter is urgent) consider any report of | 25 |
any of the authority’s other committees with respect to the matter before | |
discharging the function concerned. | |
(9) Where a licensing committee is unable to discharge any function delegated to | |
it in accordance with this section because of the number of its members who | |
are unable to take part in the consideration or discussion of any matter or vote | 30 |
on any question with respect to it, the committee must refer the matter back to | |
the licensing authority and the authority must discharge that function. | |
(10) This section does not apply in relation to the Sub-Treasurer of the Inner Temple | |
or the Under-Treasurer of the Middle Temple. | |
9 Requirement to keep a register | 35 |
(1) Each licensing authority must keep a register containing— | |
(a) a record of each premises licence, club premises certificate and personal | |
licence issued by it, | |
(b) a record of each temporary event notice received by it, | |
(c) the matters mentioned in Schedule 3, | 40 |
(d) the name and address of any person who has an estate or interest in the | |
premises whether as owner or lessee, prior or paramount to that of the | |
occupier, and | |
(e) such other information as may be prescribed. | |
(2) Regulations may require a register kept under this section to be in a prescribed | 45 |
form and kept in a prescribed manner. | |
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(3) Each licensing authority must provide facilities for making the information | |
contained in the entries in its register available for inspection (in a legible form) | |
by any person during office hours and without payment. | |
(4) If requested to do so by any person, a licensing authority must supply him with | |
a copy of the information contained in any entry in its register in legible form. | 5 |
(5) A licensing authority may charge such reasonable fee as it may determine in | |
respect of any copy supplied under subsection (4). | |
(6) The Secretary of State may arrange for the duties conferred on licensing | |
authorities by this section to be discharged by means of one or more central | |
registers kept by a person appointed pursuant to the arrangements. | 10 |
(7) The Secretary of State may require licensing authorities to participate in and | |
contribute towards the cost of any arrangements made under subsection (6). | |
Licensing committees | |
10 Proceedings of licensing committee | |
(1) A licensing committee may establish one or more sub-committees consisting of | 15 |
three members of the committee. | |
(2) Regulations may make provision about— | |
(a) the proceedings of licensing committees and their sub-committees | |
(including provision about the validity of proceedings and the quorum | |
for meetings), | 20 |
(b) public access to the meetings of those committees and sub-committees, | |
(c) the publicity to be given to those meetings, | |
(d) the agendas and records to be produced in respect of those meetings, | |
and | |
(e) public access to such agendas and records and other information about | 25 |
those meetings. | |
(3) Subject to any such regulations, each licensing committee may regulate its own | |
procedure and that of its sub-committees. | |
11 Sub-delegation of functions by licensing committee etc. | |
(1) A licensing committee may arrange for the discharge of any functions | 30 |
exercisable by it— | |
(a) by a sub-committee established by it, or | |
(b) subject to subsection (4), by an officer of the licensing authority. | |
(2) Where arrangements are made under subsection (1)(a), then, subject to | |
subsections (4) and (5), the sub-committee may in turn arrange for the | 35 |
discharge of the function concerned by an officer of the licensing authority. | |
(3) Arrangements under subsection (1) or (2) may provide for more than one sub- | |
committee or officer to discharge the same function concurrently. | |
(4) Arrangements may not be made under subsection (1) or (2) for the discharge | |
by an officer of— | 40 |
(a) any function under— | |
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(i) section 19(3) (determination of application for premises licence | |
where representations have been made), | |
(ii) section 31(3) (determination of application for provisional | |
statement where representations have been made), | |
(iii) section 35(3) (determination of application for variation of | 5 |
premises licence where representations have been made), | |
(iv) section 39(3) (determination of application to vary designated | |
premises supervisor following police objection), | |
(v) section 44(5) (determination of application for transfer of | |
premises licence following police objection), | 10 |
(vi) section 48(3) (consideration of police objection made to interim | |
authority notice), | |
(vii) section 72(3) (determination of application for club premises | |
certificate where representations have been made), | |
(viii) section 83(3)(determination of application to vary club premises | 15 |
certificate where representations have been made), | |
(ix) section 103(2) (decision to give counter notice following police | |
objection to temporary event notice), | |
(x) section 118(7) (determination of application for grant of | |
personal licence following police objection), | 20 |
(xi) section 119(6) (determination of application for renewal of | |
personal licence following police objection), or | |
(xii) section 122(4) (revocation of licence where convictions come to | |
light after grant etc.), | |
(b) any function under section 52(2) or (3) (determination of application for | 25 |
review of premises licence) in a case where relevant representations | |
(within the meaning of section 52(7)) have been made, | |
(c) any function under section 86(2) or (3) (determination of application for | |
review of club premises certificate) in a case where relevant | |
representations (within the meaning of section 86(6)) have been made, | 30 |
or | |
(d) any function under section 166(5) (review following closure order), in a | |
case where relevant representations (within the meaning of section | |
166(9)) have been made. | |
(5) The power exercisable under subsection (2) by a sub-committee established by | 35 |
a licensing committee is also subject to any direction given by that committee | |
to the sub-committee. | |
Part 3 | |
Premises licences | |
Introductory | 40 |
12 Premises licence | |
In this Act “premises licence” means a licence granted under this Part, in | |
respect of any premises, which authorises the premises to be used for one or | |
more licensable activities. | |
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