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(a) to have been committed with the consent or connivance of an officer of | |
the association or a member of its governing body, or | |
(b) to be attributable to any neglect on the part of such an officer or | |
member, | |
that officer or member as well as the association is guilty of the offence and | 5 |
liable to be proceeded against and punished accordingly. | |
(7) Regulations may provide for the application of any provision of this section, | |
with such modifications as the Secretary of State considers appropriate, to a | |
body corporate or unincorporated association formed or recognised under the | |
law of a territory outside the United Kingdom. | 10 |
(8) In this section “offence” means an offence under this Act. | |
185 Jurisdiction and procedure in respect of offences | |
(1) A fine imposed on an unincorporated association on its conviction for an | |
offence is to be paid out of the funds of the association. | |
(2) Proceedings for an offence alleged to have been committed by an | 15 |
unincorporated association must be brought in the name of the association | |
(and not in that of any of its members). | |
(3) Rules of court relating to the service of documents are to have effect as if the | |
association were a body corporate. | |
(4) In proceedings for an offence brought against an unincorporated association, | 20 |
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the | |
Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as they do in relation to | |
a body corporate. | |
(5) Proceedings for an offence may be taken— | |
(a) against a body corporate or unincorporated association at any place at | 25 |
which it has a place of business; | |
(b) against an individual at any place where he is for the time being. | |
(6) Subsection (5) does not affect any jurisdiction exercisable apart from this | |
section. | |
(7) In this section “offence” means an offence under this Act. | 30 |
Vessels, vehicles and moveable structures | |
186 Vessels, vehicles and moveable structures | |
(1) This Act applies in relation to a vessel which is not permanently moored or | |
berthed as if it were premises situated in the place where it is usually moored | |
or berthed. | 35 |
(2) Where a vehicle which is not permanently situated in the same place is, or is | |
proposed to be, used for one or more licensable activities while parked at a | |
particular place, the vehicle is to be treated for the purposes of this Act as if it | |
were premises situated at that place. | |
(3) Where a moveable structure which is not permanently situated in the same | 40 |
place is, or is proposed to be, used for one or more licensable activities while | |
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(3) set in a particular place, the structure is to be treated for the purposes of this | |
Act as if it were premises situated at that place. | |
(4) Where subsection (2) applies in relation to the same vehicle, or subsection (3) | |
applies in relation to the same structure, in respect of more than one place, the | |
premises which by virtue of that subsection are situated at each such place are | 5 |
to be treated as separate premises. | |
(5) Sections 29 to 31 (which make provision in respect of provisional statements | |
relating to premises licences) do not apply in relation to a vessel, vehicle or | |
structure to which this section applies. | |
Interpretation | 10 |
187 Location of sales | |
(1) This section applies where the place where a contract for the sale of alcohol is | |
made is different from the place where the alcohol is appropriated to the | |
contract. | |
(2) For the purposes of this Act the sale of alcohol is to be treated as taking place | 15 |
where the alcohol is appropriated to the contract. | |
188 Meaning of “alcohol” | |
(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, | |
distilled or spirituous liquor, but does not include— | |
(a) alcohol which is of a strength not exceeding 0.5% at the time of the sale | 20 |
or supply in question, | |
(b) perfume, | |
(c) flavouring essences recognised by the Commissioners of Customs and | |
Excise as not being intended for consumption as or with dutiable | |
alcoholic liquor, | 25 |
(d) the aromatic flavouring essence commonly known as Angostura | |
bitters, | |
(e) alcohol which is, or is included in, a medicinal product, | |
(f) denatured alcohol, | |
(g) methyl alcohol, | 30 |
(h) naphtha, or | |
(i) alcohol contained in liqueur confectionery. | |
(2) In this section— | |
“denatured alcohol” has the same meaning as in section 5 of the Finance | |
Act 1995 (c. 4); | 35 |
“dutiable alcoholic liquor” has the same meaning as in the Alcoholic | |
Liquor Duties Act 1979 (c. 4); | |
“liqueur confectionery” means confectionery which— | |
(a) contains alcohol in a proportion not greater than 0.2 litres of | |
alcohol (of a strength not exceeding 57%) per kilogram of the | 40 |
confectionery, and | |
(b) either consists of separate pieces weighing not more than 42g or | |
is designed to be broken into such pieces for the purpose of | |
consumption; | |
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“medicinal product” has the same meaning as in section 130 of the | |
Medicines Act 1968 (c. 67); and | |
“strength” is to be construed in accordance with section 2 of the Alcoholic | |
Liquor Duties Act 1979 (c. 4). | |
189 Meaning of “sale by retail” | 5 |
(1) For the purposes of this Act “sale by retail”, in relation to any alcohol, means a | |
sale of alcohol to any person, other than a sale of alcohol that— | |
(a) is within subsection (2), | |
(b) is made from premises owned by the person making the sale, or | |
occupied by him under a lease to which the provisions of Part 2 of the | 10 |
Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and | |
(c) if made for consumption off the premises. | |
(2) A sale of alcohol is within this subsection if it is— | |
(a) to a trader for the purposes of his trade, | |
(b) to a club, which holds a club premises certificate, for the purposes of | 15 |
that club, | |
(c) to the holder of a personal licence for the purpose of making sales | |
authorised by a premises licence, | |
(d) to the holder of a premises licence for the purpose of making sales | |
authorised by that licence, or | 20 |
(e) to the premises user in relation to a temporary event notice for the | |
purpose of making sales authorised by that notice. | |
190 Other definitions | |
In this Act— | |
“beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979; | 25 |
“cider” has the same meaning as in that Act; | |
“crime prevention objective” means the licensing objective mentioned in | |
section 5(2)(a) (prevention of crime and disorder); | |
“licensed premises” means premises in respect of which a premises | |
licence has effect; | 30 |
“licensing functions” is to be construed in accordance with section 5(1); | |
“order”, except so far as the contrary intention appears, means an order | |
made by the Secretary of State; | |
“premises” means any place and includes a vehicle, vessel or moveable | |
structure; | 35 |
“prescribed” means prescribed by regulations; | |
“recognised club” means a club which satisfies conditions 1 to 3 of the | |
general conditions in section 62; | |
“regulations” means regulations made by the Secretary of State; | |
“vehicle” means a vehicle intended or adapted for use on roads; | 40 |
“vessel” includes a ship, boat, raft or other apparatus constructed or | |
adapted for floating on water; | |
“wine” means— | |
(a) “wine” within the meaning of the Alcoholic Liquor Duties Act | |
1979, and | 45 |
(b) “made-wine” within the meaning of that Act; | |
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“working day” means any day other than a Saturday, a Sunday, | |
Christmas Day, Good Friday or a day which is a bank holiday under the | |
Banking and Financial Dealings Act 1971 (c. 80) in England and Wales. | |
191 Index of defined expressions | |
In this Act the following expressions are defined or otherwise explained by the | 5 |
provisions indicated— | |
| | Expression | Interpretation provision | | | | | alcohol | section 188 | | | | | associate member | section 67(2) | | | | | authorised person, in Part 3 | section 14 | | 10 | | | authorised person, in Part 4 | section 69 | | | | | beer | section 190 | | | | | cider | section 190 | | | | | club premises certificate | section 60 | | | | | conviction (in Part 6) | section 112 | | 15 | | | crime prevention objective | section 190 | | | | | designated premises supervisor | section 16 | | | | | foreign offence | section 111 | | | | | given, in relation to a notice, etc. | section 181 | | | | | guest | section 67 | | 20 | | | interested party, in Part 3 | section 14 | | | | | interested party, in Part 4 | section 69 | | | | | interim authority notice | section 47 | | | | | late night refreshment | Schedule 2 | | | | | licensable activity | section 1(1) | | 25 | | | licensed premises | section 190 | | | | | licensing authority | section 3(1) | | | | | licensing authority’s area | section 3(2) | | | | | licensing functions | sections 5(1) and 190 | | | | | licensing objectives | section 5(2) | | 30 | | | order | section 190 | | |
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