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Boxing or wrestling entertainments | |
19 A “boxing or wrestling entertainment” is any contest, exhibition or display | |
of boxing or wrestling. | |
Music | |
20 “Music” includes vocal or instrumental music or any combination of the | 5 |
two. | |
Schedule 2 | |
Section 1 | |
Provision of late night refreshment | |
The provision of late night refreshment | |
1 (1) For the purposes of this Act, a person “provides late night refreshment” if— | 10 |
(a) at any time between the hours of 11.00 p.m. and 5.00 a.m., he | |
supplies hot food or hot drink to members of the public, or a section | |
of the public, on or from any premises, whether for consumption on | |
or off the premises, or | |
(b) at any time between those hours when members of the public, or a | 15 |
section of the public, are admitted to any premises, he supplies, or | |
holds himself out as willing to supply, hot food or hot drink to any | |
persons, or to persons of a particular description, on or from those | |
premises, whether for consumption on or off the premises, | |
unless the supply is an exempt supply by virtue of paragraph 3, 4 or 5. | 20 |
(2) References in this Act to the “provision of late night refreshment” are to be | |
construed in accordance with sub-paragraph (1). | |
(3) This paragraph is subject to the following provisions of this Schedule. | |
Hot food or hot drink | |
2 Food or drink supplied on or from any premises is “hot” for the purposes of | 25 |
this Schedule if the food or drink, or any part of it,— | |
(a) before it is supplied, is heated on the premises or elsewhere for the | |
purpose of enabling it to be consumed at a temperature above the | |
ambient air temperature and, at the time of supply, is above that | |
temperature, or | 30 |
(b) after it is supplied, may be heated on the premises for the purpose of | |
enabling it to be consumed at a temperature above the ambient air | |
temperature. | |
Exempt supplies: clubs, hotels etc. and employees | |
3 (1) The supply of hot food or hot drink on or from any premises at any time is | 35 |
an exempt supply for the purposes of paragraph 1(1) if, at that time, a person | |
will neither— | |
(a) be admitted to the premises, nor | |
(b) be supplied with hot food or hot drink on or from the premises, | |
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except by virtue of being a person of a description falling within sub- | |
paragraph (2). | |
(2) The descriptions are that— | |
(a) he is a member of a recognised club, | |
(b) he is a person staying at a particular hotel, or at particular | 5 |
comparable premises, for the night in question, | |
(c) he is an employee of a particular employer, | |
(d) he is engaged in a particular trade, he is a member of a particular | |
profession or he follows a particular vocation, | |
(e) he is a guest of a person falling within any of paragraphs (a) to (d). | 10 |
(3) The premises which, for the purposes of sub-paragraph (2)(b), are | |
comparable to a hotel are— | |
(a) a guest house, lodging house or hostel, | |
(b) a caravan site or camping site, or | |
(c) any other premises the main purpose of maintaining which is the | 15 |
provision of facilities for overnight accommodation. | |
Exempt supplies: premises licensed under certain other Acts | |
4 The supply of hot food or hot drink on or from any premises is an exempt | |
supply for the purposes of paragraph 1(1) if it takes place during a period for | |
which— | 20 |
(a) the premises may be used for a public exhibition of a kind described | |
in section 21(1) of the Greater London Council (General Powers) Act | |
1966 (c. xxviii) by virtue of a licence under that section, or | |
(b) the premises may be used as near beer premises within the meaning | |
of section 14 of the London Local Authorities Act 1995 (c. x) by virtue | 25 |
of a licence under section 16 of that Act. | |
Miscellaneous exempt supplies | |
5 (1) The following supplies of hot food or hot drink are exempt supplies for the | |
purposes of paragraph 1(1)— | |
(a) the supply of hot drink which consists of or contains alcohol, | 30 |
(b) the supply of hot drink by means of a vending machine, | |
(c) the supply of hot food or hot drink free of charge, | |
(d) the supply of hot food or hot drink by a registered charity or a person | |
authorised by a registered charity, | |
(e) the supply of hot food or hot drink on a vehicle at a time when the | 35 |
vehicle is not permanently or temporarily parked. | |
(2) Hot drink is supplied by means of a vending machine for the purposes of | |
sub-paragraph (1)(b) only if— | |
(a) the payment for the hot drink is inserted into the machine by a | |
member of the public, and | 40 |
(b) the hot drink is supplied directly by the machine to a member of the | |
public. | |
(3) Hot food or hot drink is not to be regarded as supplied free of charge for the | |
purposes of sub-paragraph (1)(c) if, in order to obtain the hot food or hot | |
drink, a charge must be paid— | 45 |
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(a) for admission to any premises, or | |
(b) for some other item. | |
(4) In sub-paragraph (1)(d) “registered charity” means— | |
(a) a charity which is registered under section 3 of the Charities Act 1993 | |
(c. 10), or | 5 |
(b) a charity which by virtue of subsection (5) of that section is not | |
required to be so registered. | |
Clubs which are not recognised clubs: members and guests | |
6 For the purposes of this Schedule— | |
(a) the supply of hot food or hot drink to a person as being a member, or | 10 |
the guest of a member, of a club which is not a recognised club is to | |
be taken to be a supply to a member of the public, and | |
(b) the admission of any person to any premises as being such a member | |
or guest is to be taken to be the admission of a member of the public. | |
Schedule 3 | 15 |
Section 9 | |
Matters to be entered in licensing register | |
The licensing register kept by a licensing authority under section 9 must | |
contain a record of the following matters— | |
(a) any application made to the licensing authority under section 18 | |
(grant of premises licence), | 20 |
(b) any application made to it under section 25 (theft etc. of premises | |
licence), | |
(c) any notice given to it under section 28 (surrender of premises | |
licence), | |
(d) any application made to it under section 29 (provisional notice in | 25 |
respect of premises), | |
(e) any notice given to it under section 33 (change of name, etc. of holder | |
of premises licence), | |
(f) any application made to it under section 34 (variation of premises | |
licence), | 30 |
(g) any application made to it under section 35 (variation of licence to | |
specify individual as premises supervisor), | |
(h) any notice given to it under section 41 (request from designated | |
premises supervisor for removal from premises licence), | |
(i) any application made to it under section 42 (transfer of premises | 35 |
licence), | |
(j) any notice given to it under section 47 (interim authority notice), | |
(k) any application made to it under section 51 (review of premises | |
licence), | |
(l) any application made to it under section 71 (application for club | 40 |
premises certificate), | |
(m) any application made to it under section 77 (theft, loss, etc. of | |
certificate or summary), | |
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(n) any notice given to it under section 79 (surrender of club premises | |
certificate), | |
(o) any notice given to it under section 80 or 81 (notification of change of | |
name etc.), | |
(p) any application made to it under section 82 (application to vary club | 5 |
premises certificate), | |
(q) any application made to it under section 85 (application for review of | |
club premises certificate), | |
(r) any notice given to it under section 101 (withdrawal of temporary | |
event notice), | 10 |
(s) any counter notice given by it under section 103 (counter notice | |
following police objection to temporary event notice), | |
(t) any copy of a temporary event notice give to it under section 104 | |
(notice given following the making of modifications to a temporary | |
event notice with police consent), | 15 |
(u) any application made to it under section 108 (theft etc. of temporary | |
event notice), | |
(v) any notice given to it under section 114 (surrender of personal | |
licence), | |
(w) any application made to it under section 115 (grant or renewal of | 20 |
personal licence), | |
(x) any application made to it under section 124 (theft, loss or | |
destruction of personal licence), | |
(y) any notice given to it under section 125 (change of name, etc. of | |
personal licence holder), | 25 |
(z) any notice given to it under section 164(4) (magistrates’ court to | |
notify any determination made after closure order), | |
(aa) any application under paragraph 2 of Schedule 8 (application for | |
conversion of old licences into premises licence), | |
(ab) any application under paragraph 14 of that Schedule (application for | 30 |
conversion of club certificate into club premises certificate). | |
Schedule 4 | |
Section 111 | |
Personal licence: relevant offences | |
1 An offence under this Act. | |
2 An offence under any of the following enactments— | 35 |
(a) Schedule 12 to the London Government Act 1963 (c. 33) (public | |
entertainment licensing); | |
(b) the Licensing Act 1964 (c. 26); | |
(c) the Private Places of Entertainment (Licensing) Act 1967 (c. 19); | |
(d) section 13 of the Theatres Act 1968 (c. 54); | 40 |
(e) the Late Night Refreshment Houses Act 1969 (c. 53); | |
(f) section 6 of, or Schedule 1 to, the Local Government (Miscellaneous | |
Provisions) Act 1982 (c. 30); | |
(g) the Licensing (Occasional Permissions) Act 1983 (c. 24); | |
(h) the Cinemas Act 1985 (c. 13); | 45 |
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(i) the London Local Authorities Act 1990 (c. vii). | |
3 An offence under the Firearms Act 1968 (c. 27). | |
4 An offence under any of the following provisions of the Theft Act 1968 | |
(c. 60)— | |
(a) section 1 (theft); | 5 |
(b) section 8 (robbery); | |
(c) section 9 (burglary); | |
(d) section 10 (aggravated burglary); | |
(e) section 11 (removal of articles from places open to the public); | |
(f) section 12A (aggravated vehicle-taking), in circumstances where | 10 |
subsection (2)(b) of that section applies and the accident caused the | |
death of any person; | |
(g) section 13 (abstracting of electricity); | |
(h) section 15 (obtaining property by deception); | |
(i) section 15A (obtaining a money transfer by deception); | 15 |
(j) section 16 (obtaining pecuniary advantage by deception); | |
(k) section 17 (false accounting); | |
(l) section 19 (false statements by company directors etc.); | |
(m) section 20 (suppression, etc. of documents); | |
(n) section 21 (blackmail); | 20 |
(o) section 22 (handling stolen goods); | |
(p) section 24A (dishonestly retaining a wrongful credit); | |
(q) section 25 (going equipped for stealing etc.). | |
5 An offence under section 7(2) of the Gaming Act 1968 (c. 65) (allowing child | |
to take part in gaming on premises licensed for the sale of alcohol). | 25 |
6 An offence under any of the following provisions of the Misuse of Drugs Act | |
1971 (c. 38)— | |
(a) section 4(2) (production of a controlled drug); | |
(b) section 4(3) (supply of a controlled drug); | |
(c) section 5(3) (possession of a controlled drug with intent to supply); | 30 |
(d) section 8 (permitting activities to take place on premises). | |
7 An offence under either of the following provisions of the Theft Act 1978 | |
(c. 31)— | |
(a) section 1 (obtaining services by deception); | |
(b) section 2 (evasion of liability by deception). | 35 |
8 An offence under either of the following provisions of the Customs and | |
Excise Management Act 1979 (c. 2)— | |
(a) section 170 (disregarding subsection (1)(a)) (fraudulent evasion of | |
duty etc.); | |
(b) section 170B (taking preparatory steps for evasion of duty). | 40 |
9 An offence under either of the following provisions of the Tobacco Products | |
Duty Act 1979 (c. 7)— | |
(a) section 8G (possession and sale of unmarked tobacco); | |
(b) section 8H (use of premises for sale of unmarked tobacco). | |
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10 An offence under the Forgery and Counterfeiting Act 1981 (c. 45) (other than | |
an offence under section 18 or 19 of that Act). | |
11 An offence under the Firearms (Amendment) Act 1988 (c. 45). | |
12 An offence under any of the following provisions of the Copyright, Designs | |
and Patents Act 1988 (c. 48)— | 5 |
(a) section 107(1)(d)(iii) (public exhibition in the course of a business of | |
article infringing copyright); | |
(b) section 198(2) (broadcast etc. of recording of performance made | |
without sufficient consent); | |
(c) section 297(1) (fraudulent reception of transmission); | 10 |
(d) section 297A(1) (supply etc. of unauthorised decoder). | |
13 An offence under any of the following provisions of the Road Traffic Act | |
1988 (c. 52)— | |
(a) section 3A (causing death by careless driving while under the | |
influence of drink or drugs); | 15 |
(b) section 4 (driving etc. a vehicle when under the influence of drink or | |
drugs); | |
(c) section 5 (driving etc. a vehicle with alcohol concentration above | |
prescribed limit). | |
14 An offence under the Firearms (Amendment) Act 1997 (c. 5). | 20 |
15 A sexual offence, within the meaning of section 161(2) of the Powers of | |
Criminal Courts (Sentencing) Act 2000 (c. 6). | |
16 A violent offence, within the meaning of section 161(3) of that Act. | |
17 An offence under section 3 of the Private Security Industry Act 2001 (c. 12) | |
(engaging in certain activities relating to security without a licence). | 25 |
Schedule 5 | |
Section 178 | |
Appeals | |
Part 1 | |
Premises licences | |
Rejection of applications relating to premises licences | 30 |
1 Where a licensing authority— | |
(a) rejects an application for a premises licence under section 19, | |
(b) rejects (in whole or in part) an application to vary a premises licence | |
under section 35, | |
(c) rejects an application to vary a premises licence to specify an | 35 |
individual as the premises supervisor under section 39, or | |
(d) rejects an application to transfer a premises licence under section 44, | |
the applicant may appeal against the decision. | |
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Decision to grant premises licence or impose conditions etc. | |
2 (1) This paragraph applies where a licensing authority grants a premises licence | |
under section 19. | |
(2) The holder of the licence may appeal against any decision— | |
(a) to impose conditions on the licence under subsection (2)(a) or (3)(b) | 5 |
of that section, or | |
(b) to take any step mentioned in subsection (4)(b) or (c) of that section | |
(exclusion of licensable activity or refusal to specify person as | |
premises supervisor). | |
(3) Where a person who made relevant representations in relation to the | 10 |
application desires to contend— | |
(a) that the licence ought not to have been granted, or | |
(b) that, on granting the licence, the licensing authority ought to have | |
imposed different or additional conditions, or to have taken a step | |
mentioned in subsection (4)(b) or (c) of that section, | 15 |
he may appeal against the decision. | |
(4) In sub-paragraph (3) “relevant representations” has the meaning given in | |
section 19(6). | |
Issue of provisional statement | |
3 (1) This paragraph applies where a provisional statement is issued under | 20 |
subsection (3)(c) of section 31. | |
(2) An appeal against the decision may be made by— | |
(a) the applicant, or | |
(b) any person who made relevant representations in relation to the | |
application. | 25 |
(3) In sub-paragraph (2) “relevant representations” has the meaning given in | |
subsection (5) of that section. | |
Variation of licence under section 35 | |
4 (1) This paragraph applies where an application to vary a premises licence is | |
granted (in whole or in part) under section 35. | 30 |
(2) The applicant may appeal against any decision to modify the conditions of | |
the licence under subsection (4)(a) of that section. | |
(3) Where a person who made relevant representations in relation to the | |
application desires to contend— | |
(a) that any variation made ought not to have been made, or | 35 |
(b) that, when varying the licence, the licensing authority ought not to | |
have modified the conditions of the licence, or ought to have | |
modified them in a different way, under subsection (4)(a) of that | |
section, | |
he may appeal against the decision. | 40 |
(4) In sub-paragraph (3) “relevant representations” has the meaning given in | |
section 35(5). | |
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